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Cancellation policy

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Last revised: April 1, 2023

 

Due to the fact that all of our equipment is by reservation only, and your requested equipment is removed from our available equipment list, making it unavailable for other clients. We are forced to charge a Cancellation Fee to compensate for the time the equipment is not available, as follows:

• Day Of Event Cancellation - 100% of the total rental invoice

• Less Than 48Hours Notice up to day of event - 50% of the total rental invoice 

• More Than 48Hours Notice - No Fee 

Payments Terms of Service 

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Last revised: April 1, 2023

 

These Payments Terms of Service for United States Users (“Payments Terms”) are a binding legal agreement between you and Lindrs Payments that govern the Payment Services (defined below) conducted through or in connection with the Lindrs Platform. When these Payments Terms mention “Lindrs Payments,” “we,” “us,” or “our,” it refers to the Lindrs Payments company you are contracting with for Payment Services. 

 

Lindrs Payments provides payments services to Members publishing and listing tool rentals provided via the Lindrs Platform. These payment services may include (if available) the following (collectively, “Payment Services”): 

 

Collecting payments from Renters (“Payin”), by charging the payment method associated with their Lindrs account, such as credit card or debit card (“Payment Method”); 

Effecting payments to Owners (“Payout”) to a financial instrument associated with their Lindrs account, such as a bank account (“Payout Method”); 

In order to use the Payment Services, you must be at least 18 years old, must have a Lindrs account in good standing in accordance with the Lindrs Terms of Service (“Terms”), must have a Stripe account, and must keep your payment and personal information accurate and complete. 

Payment Services will be provided by Stripe.  

 

1. Your use of the Payment Services 

 

1.1 Lindrs Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Lindrs Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Lindrs Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Lindrs Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms. 

 

1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Lindrs Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Lindrs Payments of those Third-Party Services. 

 

1.3 Verification. You authorize Lindrs Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Lindrs Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. 

 

1.4 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise. 

 

2. Renter Terms 

 

2.1 Adding a Payment Method. When you add a Payment Method to your Lindrs account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Lindrs Payments or its third-party payment processor(s). You authorize Lindrs Payments and its payment service providers to collect and store your Payment Method information. 

 

2.2 Payment Method Verification. When you add or use a new Payment Method, Lindrs Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Lindrs account so it can be used for a future transaction. You can remove the Payment Method from your Lindrs account as long as it is not associated with an active or future reservation. 

 

2.3 Payment Authorization. You allow Lindrs Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Lindrs account. 

 

2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file. 

 

2.5 Timing of Payment. Lindrs Payments charges the Total Price due after the Owner accepts your rental request.  All tool core charges will be automatically applied after the rented tool has been confirmed to be lost, stolen, or damaged.     

 

2.6 Currency. Lindrs Payments will process each transaction in US dollars.  

 

2.7 Rental Request Status. If a requested rental is declined either because it is not accepted by the Owner or you cancel the rental request before it is accepted by the Owner, any amounts collected by Lindrs Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules. 

 

2.8 Payment Restrictions. Lindrs Payments reserves the right to decline or limit payments that we believe (i) may violate Lindrs Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Lindrs, Lindrs Payments, or others to risks unacceptable to Lindrs Payments. 

 

2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Lindrs Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method. 

 

2.10 Your Payment Method, Your Responsibility. Lindrs Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. 

 

3. Owner Terms 

 

3.1 Payment Collection. Lindrs Payments generally collects the Total Price of a rental at the time the renter’s rental request is accepted by the Owner, unless noted otherwise. 

 

3.2 Adding a Payout Method. In order to receive a Payout you must have a valid Stripe Account linked to your Lindrs account. When you add a Payout Method to your Lindrs account, you will be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Lindrs Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Lindrs Payments to collect and store your billing information and financial instrument information. Lindrs Payments may also share your information with governmental authorities as required by applicable law. 

 

3.3 Timing of Payout 

 

3.3.1 Subject to and conditional upon successful receipt of the payments from Renter, Lindrs Payments will generally initiate Payouts to your selected Payout Method 30 days after start of rental.  

 

3.3.2 Payout. Your Payout for a tool rental will be the Total Price less applicable fees like Lindrs service fees and applicable taxes. In the event of cancellation of a confirmed rental, Lindrs Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. 

 

3.3.3 Payout Restrictions. Lindrs Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity. Furthermore, Lindrs Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume rental cancellations or modifications arising from a Force Majeure Event (as defined below). 

 

3.3.4 Limits on Payouts. For compliance or operational reasons, Lindrs Payments may limit the amount of a Payout. If you are due an amount above that limit, Lindrs Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount. 

 

3.4 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Lindrs Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method. 

 

3.5 Your Payout Method, Your Responsibility. Lindrs Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. 

 

4. General Terms 

 

4.1 Fees. Lindrs Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Lindrs Platform. 

 

4.2 Payment Authorizations. You authorize Lindrs Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant rental, or any other Payment Method on file that you authorize in your Lindrs account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Lindrs Payments to collect from you: 

• Any amount due to Lindrs or Lindrs Payments as a result of a tool rental.  

• Any amount due to a Owner from a Renter which Lindrs collects as the Owner’s payment collection agent as further set out in Section 3 above. 

• Taxes, where applicable and as set out in the Terms. 

• Tool core charge fees for tools that are lost, stolen, or damaged.  

• Any amount you pay through the Resolution Center in connection with your Lindrs account. 

• Any service fees or cancellation fees  

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Lindrs Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges. 

 

4.3 Collections 

 

4.3.1 If Lindrs Payments is unable to collect any amounts you owe under these Payments Terms, Lindrs Payments may engage in collection efforts to recover such amounts from you. 

 

4.3.2 Lindrs Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Lindrs Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from an Owner’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Owner’s Lindrs account or the associated services have been provided, whichever is later. 

 

4.3.3 Lindrs Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Lindrs Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Lindrs account or the associated services have been provided, whichever is later. 

 

4.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Lindrs and/or Lindrs Payments by you. Such communications may be made by Lindrs, Lindrs Payments, or by anyone on their behalf, including but not limited to a third-party collection agent. 

 

4.4 Payment Processing Errors 

 

4.4.1 Lindrs Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Lindrs Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. 

 

4.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Lindrs Payments. 

 

4.5 Refunds 

 

4.5.1 Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by Lindrs Payments in accordance with these Payments Terms. 

 

4.5.2 Subject to this Section 5.5.2, Lindrs Payments will process refunds within 5 business days, however, the timing to receive any refund will depend on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Lindrs Payments will initiate and process the refund as soon as is practicable. 

 

5. Damage Claims and Security Deposits 

 

5.1 If you as a Renter (i) agree to pay the Owner in connection with a Damage Claim, or (ii) Lindrs determines that you are responsible for damaging any rented tool pursuant to the Terms, you authorize Lindrs Payments to charge the Payment Method used to make the rental in order to collect any tool core charge associated with the Rental, as well as any fees, costs and/or expenses associated with the Damage Claim. If Lindrs Payments is unable to collect from the Payment Method used to make the booking, you agree that Lindrs Payments may charge any other Payment Method on file in your Lindrs account at the time of the Damage. 

 

5.2 You agree that Lindrs Payments may seek to recover from you under any insurance policies you maintain and that Lindrs Payments may also pursue against you any remedies it may have available. 

 

6. Prohibited Activities 

 

6.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: 

• breach or circumvent any applicable laws or regulations; 

• breach or circumvent any agreements with third parties, third-party rights, or the Terms, Policies, or Standards; 

• use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; 

• register or use any Payment Method or Payout Method with your Lindrs account that is not yours or you do not have authorization to use; 

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Lindrs Payments or any of Lindrs Payments’ providers or any other third party to protect the Payment Services; 

• take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services; 

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or 

• violate or infringe anyone else’s rights or otherwise cause harm to anyone. 

6.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. 

 

7. Force Majeure 

 

Lindrs Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Lindrs or Lindrs Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”). 

 

8. Disclaimers 

 

8.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied. 

 

8.2 Notwithstanding Lindrs Payments’ appointment as the limited payment collection agent of Owners pursuant to Section 4, Lindrs Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Lindrs Payments does not have any duties or obligations as agent for each Owner except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded. 

 

8.3 If we choose to conduct identity verification on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future. 

 

8.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law. 

 

9. Liability 

 

9.1 Except as provided in Section 10.2, 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 Payment Services remains with you. If you permit or authorize another person to use your Lindrs account in any way, you are responsible for the actions taken by that person. Neither Lindrs Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Lindrs Payments 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.  

 

10. Indemnification 

 

To the maximum extent permitted by applicable law, you agree to release, defend (at Lindrs Payments’ option), indemnify, and hold Lindrs Payments 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 (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. 

 

11. Modification, Term, Termination, and other Measures 

 

11.1 Modification. Except as otherwise required by applicable law, Lindrs Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Lindrs Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective.  

 

11.2 Term. This agreement between you and Lindrs Payments reflected by these Payment Terms is effective when you create a Lindrs account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 11.6. 

 

11.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Lindrs may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Lindrs may also terminate this agreement immediately and without notice and stop providing access to the Lindrs Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Lindrs, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. 

 

11.4 Suspension and Other Measures. Lindrs Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Lindrs Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lindrs, its Members, Lindrs Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method 

 

11.5 Appeal. If Lindrs Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service. 

 

11.6 Effect of Termination. If you are an Owner and terminate your Lindrs account, any confirmed Rentals will be automatically cancelled and your Renters will receive a full refund. If you terminate your account as a Renter, any confirmed Rental(s) will be automatically cancelled and any refund will depend upon the terms reviewed by Lindrs Customer Support.  When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Lindrs Platform has been limited, or your Lindrs account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Lindrs Platform through an account of another Member. 

 

11.7 Survival. Sections 5 through 17 of these Payments Terms shall survive any termination or expiration of this agreement. 

 

12. Governing Law and Dispute Resolution 

 

12.1 If you are contracting with Lindrs Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 13 must be brought in state or federal court in Charlotte, North Carolina, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Charlotte, North Carolina. 

 

13. United States Arbitration Agreement 

 

13.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Lindrs in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section  applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 

 

13.2 Overview of Dispute Resolution Process. Lindrs is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section applies: (1) an informal negotiation directly with Lindrs’s customer service team, and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Lindrs each retain the right to seek relief in small claims court as an alternative to arbitration. 

 

13.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Lindrs each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Lindrs by mailing it to Lindrs’s agent for service: Lindrs LLC 3410 Carmel Rd, Charlotte, North Carolina 28226. Lindrs will send its notice of dispute to the email address associated with your Lindrs account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 

 

13.4 Agreement to Arbitrate. You and Lindrs mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Lindrs Platform or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Lindrs agree that the arbitrator will decide that issue. 

 

13.5 Exceptions to Arbitration Agreement. You and Lindrs each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Lindrs agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 

 

13.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 

 

13.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Lindrs agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Mecklenburg County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 

 

13.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Lindrs will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 

13.9 Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 

 

13.10 Jury Trial Waiver. You and Lindrs acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 

 

13.11 No Class Actions or Representative Proceedings. You and Lindrs acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 

 

13.12 Severability.  In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 

 

13.13 Changes to Agreement to Arbitrate. If Lindrs changes this Section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Lindrs (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Lindrs. 

 

13.14 Survival. This Section will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Lindrs account. 

 

14. Miscellaneous 

 

14.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Lindrs Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Lindrs Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 

 

14.2 No Waiver. Lindrs Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law. 

 

14.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Lindrs Payments’ prior written consent. Lindrs Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. 

 

14.4 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Lindrs via email, Lindrs Platform notification, messaging service (including SMS), or any other contact method we enable and you provide. 

 

15. Additional Clauses for Users that are Businesses 

 

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity). 

 

15.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf. 

 

15.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority. 

 

15.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement. 

 

15.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Lindrs for Work, as permitted by your account, you authorize Lindrs Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party. 

 

15.5 For any Payout Method linked to your Lidnrs account, you authorize Lindrs Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Lindrs account and take any other action as permitted in the Payments Terms in respect of the Payout Method. 

 

15.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp. 

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LINDRS RENTAL TERMS AND CONDITIONS

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Last revised: April 1, 2023

 

All of the following are material conditions of your rental agreement.

If you do not agree to them, please do not proceed with the rental. 

 

RENTAL PERIOD (24 hours or as booked): A late return charge equal to the daily rental rate will be automatically charged to the Renter for equipment that is not returned to the Owner by the Due Back date and time.  If the equipment is not returned within the time agreed upon, Lindrs LLC shall have the right to take immediate action to recover the equipment or report it as stolen to the Police and/or charge the Renter the full replacement cost of the equipment.  Renter understands that Lindrs LLC may institute civil and/or criminal proceedings without futher notice if the equipment is not returned within 24 hours of the agreed Due Back return time.  Renter also understands that Lindrs reserves the right to suspend or terminate a Renter's account immediately following the non-return of a piece of equipment.

 

EQUIPMENT USE: Return the equipment to Owner in the same, or better than, condition as it was received from the Owner.  Equipment rented on the Lindrs platform is not intended for use by persons under the age of 18, with reduced physical, sensory or mental capabilities, or lack of experience and knowledge.  If the equipment malfunctions or appears unsafe, Renter agrees to immediately discontinue its use and return it to the Owner.  Renter understands and accepts that, to the extent permitted by law and except in the case of personal injury or death resulting from our negligence, the maximum limit of Lindrs LLC liability for losses or damages, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the rental charge you agreed to pay for the right to use the equipment for the period agreed.

Renter agrees to not sublease the equipment or transfer this agreement or any interest herein or the use or possession of the equipment.  Renter is renting the equipment "as-is", and as shall not hold Lindrs responsible for any loss, damage or inury to persons or property caused by the equipment, whether arising through Lindrs rental's negligence or imposed by law.  In no event shall Lindrs be responsible to me for indirect, consequential or special damages, including without limitation lost use, revenue or profits.

 

THEFT: The Renter shall be liable if the equipment is damaged or lost whilst on rent and shall indemnify Lindrs LLC for (1) all costs it suffers in undertaking recovery and/or repair, and (2) for the full value of the equipment if it is lost, stolen or damaged beyond repair.

 

DATA PROTECTION NOTICE: By checking the consent box Lindrs LLC may use any of the information you have provided to us for the following purposes: administration of your purchase, marketing, analysing your purchasing preferences and rental time, conducting market research surveys, and providing you with this information about special offers and other services we offer.  We retain your data for a maximum period of 12 months.

 

DAMAGE PROTECTION: Damage protection may be an optional service offered by Lindrs LLC that relieves Renter of repair or replacement charges if the Equipment is damaged during normal use during the Rental Period. The charge for Damage Protection is 15% of the Rental Price and will appear as a separate line item charge on the Agreement and on the invoice. Customer must accept or decline the Damage Protection service at the time of rental. Damage Protection is not insurance. Damage Protection does not cover loss of or damage to the Equipment caused by theft, abuse, misuse, neglect, intentional acts and/or failure to follow proper use and care instructions provided for the Equipment. Renter expressly acknowledges and agrees that Renter shall be responsible for all repair or replacement costs not covered by Damage Protection.

Each individual named below (each a “Releasor”) agrees, on his/her own behalf and on behalf of his/her children, heirs, agents, assigns, representatives and all others acting  on behalf  of Releasor, to release, protect, defend, indemnify, and save and hold harmless Lindrs LLC and her/his dependents, successors,  assigns, heirs, executors,  agents, and administrators (and   his and their legal representatives of every kind) (all being referred to as “the “Indemnified Parties”) from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable  attorneys’  fees  and  expenses) against (or which could be imposed, incurred or asserted against) the Indemnified Parties by reason of utilizing tools, equipment, products, or any other item(s) being borrowed and/or transferred between users on the Lindrs platform.

 

By signing below, each Releasor agrees that this Agreement shall bind the Releasor and his/her family  members  and   spouse   (if   any),   Releasor’s   estate,   heirs,    administrators,   assigns,   and personal representatives. Releasor acknowledges reading  and  understanding the terms  of  this document and agrees to the terms contained herein.

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