USER LICENSE AGREEMENT
Introduction
Hawaii Baby Rentals, LLC is a Hawaii limited liability company (referred to herein as (“us,” “we,” “our,” the “Company”). The Company was created to help families be able to rent luxury baby items while traveling, on vacation, or for other reasons. These are the rental terms (referred to herein as the “Terms of Service”). We own/host a Website (“www.hawaiibabyrentals.com”) where owners (referred to as “Rental Partners”) of baby items (referred to as “Baby Gear”) rent out their Baby Gear to families or parents (referred to as “Customers”). (Rental Partners and Customers are referred to herein as our “Users”.)
Disclaimer # 1
Our Website connects Customers (those looking to rent Baby Gear) with Rental Partners (the owners of the Baby Gear).
While we require that all of our Rental Partners clean, check, maintain, and otherwise ensure that all Baby Gear is/are in excellent working condition, we cannot and do not make any guarantees about the sufficiency of the Baby Gear listed on our Website. Hawaii Baby Rentals is not the owner of any of the Baby Gear listed on our Website. All Baby Gear listed on our Website is owned, cleaned, maintained, and delivered by our Rental Partners.
If we find out that the Baby Gear rented by a Rental Partner does not meet our expectations or a Rental Partner does not offer the quality of service a Customer requires of our Rental Partners, we may remove the Rental Partner, or their specific Baby Gear, from being listed on our Website.
BY BEING A USER OF OUR SERVICES OR ORDERING BABY PRODUCT THROUGH OUR WEBSITE, YOU IRREVOCABLY AGREE THAT ANY DISPUTE YOU HAVE WITH A RENTAL PARTNER IS UNIQUE TO THAT PERSON AND HAWAII BABY RENTALS SHALL NOT BECOME A PARTY TO THAT DISPUTE. YOU HEREBY RELEASE, HOLD HARMLESS, AND INDEMNIFY HAWAII BABY RENTALS, ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES FROM ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, WHETHER KNOWN OR UNKNOWN, EXISTING, OR NOT YET EXISTING, ARISING OUT OF OR CONNECTED WITH YOUR DISPUTE WITH A RENTAL PARTNER AND THE SPECIFIC BABY GEAR RENTED THROUGH OUR WEBSITE.
Eligibility
Access to and use of our online Baby Gear rental marketplace (our “Services”) is not meant to be by anyone under the age of eighteen (18) years, and we do not target persons under this age as Users. By using our Services you represent and warrant that (a) you are at least eighteen (18) years of age; (b) you have a working smartphone or computer; and (c) you have full power and authority to enter into these Terms of Service.
To register for our Services you are required to provide some necessary information including, without limitation, your name, age, contact information, address, payment information, and other personal information which may be required by Hawaii Baby Rentals and necessary to your use of our Services.
By using our Services, you further represent and warrant that (a) all information submitted is true and correct to the best of your knowledge; and (b) if there are any errors or inaccuracies that you submit to us, you will update this information as soon as you discover the error or inaccuracy.
Your use of our Services requires the use of hardware and access to the Internet. These system requirements may change from time to time. You acknowledge and agree that all system or Internet requirements for our Services are your sole responsibility, and you agree that the risks and consequences of your failure to comply with all hardware and Internet requirements will be yours alone.
By using our Services, you consent to receive marketing and other communications related to our Services, products, and future product offerings. You are able to terminate this consent in accordance with our Privacy Policy.
Finally, you are solely responsible for maintaining the confidentiality of your password and account information and are responsible for all activity that takes place on your account.
How Our Services Work
Our Baby Gear offerings are listed on our Website at the time of rental. When you are ready to rent Baby Gear from our Website, simply order the Baby Gear with all pertinent information such as dates of rental, address, and other information required/requested at the time of rental.
Before submitting an order for Baby Gear, you will be shown an order confirmation screen describing the inclusions of your order, and any applicable charges for taxes and shipping. It is your responsibility to determine that everything in your order is correct. While we may be able to cancel or change your order once it is placed, we cannot guarantee that we will be able to do so. If there is an error on your order or if something needs to be changed, please contact your Rental Partner as quickly as possible.
Please be sure to read through our Cancellation Policy (below) which will also apply to incorrect orders.
Please ensure that you are inputting the correct zip code or address, as our Service is limited by where our Rental Partners rent Baby Gear. We are not responsible if you input the wrong address or zip code. All Baby Gear orders are fulfilled by our Rental Partners per the terms of your order, whether delivery, shipment, or self pick-up.
We may use stock photos with respect to the Baby Gear. Thus, your Baby Gear may differ slightly from what is shown in a picture when ordered. You agree that non-material differences will not alter what was agreed to when you purchased Baby Gear.
Terms of Sale
All prices shown for Baby Gear are shown in U.S. Dollars. We reserve the right to change the type, price, or availability of Baby Gear at any time, provided that if we change the amounts or other charges associated with your Baby Gear, such price changes will be looking forward and will not alter any prior-ordered Baby Gear.
We reserve the right to refuse our Services to anyone for any reason.
When you order Baby Gear on our Website, this does not guarantee the availability of that item, as unforeseen or unexpected issues do arise from time to time. If a Rental Partner is unable to fulfill your order due to unavailability or other reason, you will be given the option of waiting for availability, changing your order, or cancelling your order altogether. If your Baby Gear order cannot be fulfilled, all monies you have paid will be refunded to the card on file.
If you select delivery, your delivery price includes delivery, set-up by the Rental Partner if available, and pick-up of your Baby Gear. If you select shipping, your shipping price includes shipping and return shipping of your Baby Gear.
We may also offer free self-pick-up and drop-off in certain locations.
If you would like to extend your Baby Gear rental after booking, please contact your Rental Partner. These changes may subject you to our Cancellation Policy. If you extend Baby Gear rental from a daily rental to a monthly rental (which is typically offered at a lower rate), you will still be charged your daily rental rate through the end of your rental period.
When you provide payment information, you represent and warrant that the information you provide is accurate; that you are authorized to use the payment method provided; and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur for your rental of Baby Gear. You agree that you are responsible to pay for and will pay for all such charges. Payment for Baby Gear is due up front. Once you have incurred charges for Baby Gear, you are obligated to pay for all charges incurred.
Failure to pay all monies owed, in full, will cause all past-due amounts to accrue interest at three percent (3%) per month until paid in full. If you fail to pay any monies due, Hawaii Baby Rentals reserves the right to terminate your access to the Services.
Please be sure to return your Baby Gear on or before the end or your rental period. If you do not return your Baby Gear on or before the agreed-upon return date, you will be charged a hold-over fee (the “Hold-Over Fee”) equal to one hundred and fifty percent (150%) of your daily rate for Baby Gear. For example, if your daily rate for Baby Gear is One Hundred Dollars ($100.00), you will be charged One Hundred and Fifty Dollars ($150.00) per day over your rental period.
If you have kept your Baby Gear for more than ten (10) days past your agreed-upon return date, we reserve the right to deem your rental uncollectible and, in addition to the Hold-Over Fee, you will be charged the full replacement value of all Baby Gear. Please make sure to communicate with your Rental Partner if there is a delay in returning your Baby Gear. You can also extend your rental period, pending availability, in the sole discretion of the Rental Partner.
Failure to pay all amounts owed in full will cause all past-due amounts to accrue interest at three percent (3%) per month until paid in full. If you fail to pay any amount due, Hawaii Baby Rentals reserves the right to terminate your access to the Services. Furthermore, Hawaii Baby Rentals reserves the right to transfer your invoice account, and any past-due amounts to a collection agency or attorney. If such referral is deemed necessary, Hawaii Baby Rentals will be entitled to recover all of its attorneys’ fees and costs of collection in addition to your past-due balance.
Refund and Cancellation Policy
Our refund and cancellation policy (“Cancellation Policy”) is found on our website at HawaiiBabyRentals.com and is incorporated herein by this reference.
Ownership of Baby Gear, Inspection and Damage
All Baby Gear listed on our Website is owned by the respective Rental Partner. By renting Baby Gear from our Website, you agree that you are only acquiring a limited right to use the Baby Gear ordered and that no ownership transfer of any kind shall accrue to you arising out of your use of our Services.
You are required to inspect all Baby Gear upon delivery or pickup. You agree that you have a duty to inspect all ordered Baby Gear within eight (8) hours of receipt. If you do not notify us of of an issue or damage within eight (8) hours of receipt that your Baby Gear is damaged or incorrect, we will assume the damage, if any, was caused by you unless you can prove otherwise.
If there is an issue with your Baby Gear, in addition to communicating with the Rental Partner; please be sure to document any and all issues, preferably with photographic and video evidence.
You are solely responsible to any damage to the Baby Gear beyond normal wear and tear. You are expected to return the Baby Gear in the same condition as it was when you rented it, normal wear and tear excepted.
If you damage the Baby Gear you have rented outside of normal wear and tear, you will be charged for the damage caused to fix the damage, up to the total cost to replace the Baby Gear.
You agree that Hawaii Baby Rentals or our other third party payment processor shall be permitted to charge your card for all damages or loss caused to the Baby Gear by you. Prior to being charged, you will be contacted with information related to the damage or loss to the Baby Gear. We will verify the cost to fix or replace the Baby Gear with the Rental Partner prior to charging your card.
If you believe you have been wrongly charged for damage you did not cause to the Baby Gear, you agree that that is a dispute between you and the Rental Partner, not Hawaii Baby Rentals.
BY USING OUR SERVICES OR ORDING BABY PRODUCT THROUGH OUR WEBSITE, YOU AGREE THAT IF YOU HAVE A DISPUTE WITH A RENTAL PARTNER, THAT DISPUTE IS UNIQUE TO THAT PERSON OR ENTITY AND HAWAII BABY RENTALS IS NOT AND SHALL NEVER BECOME A PARTY TO YOUR DISPUTE. YOU HEREBY RELEASE HAWAII BABY RENTALS, ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES FROM ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED WITH YOUR DISPUTE WITH A RENTAL PARTNER AND THE SPECIFIC BABY GEAR RENTED THROUGH OUR WEBSITE.
Use and Misuse of Baby Gear
The rented Baby Gear may come with special instructions, which can either be found on any document(s) provided to you by the Rental Partner or on the Website of the company that manufactured the specific Baby Gear you are renting. Customer is solely responsible for reading and following the instructions as detailed by the manufacturer.
Customer is solely responsible for following the instructions with respect to installation, use, and maintenance of the Baby Gear. Customer is solely responsible for all use or misuse of the Baby Gear.
In the event of an injury, damage or otherwise, Customer agrees to accept full responsibility for the injury or damage and shall not hold Hawaii Baby Rentals liable and shall hold Hawaii Baby Rentals harmless for any claims, actions, losses or damages arising from Customer’s use or misuse of the Baby Gear. In no event will Hawaii Baby Rentals, its owners, employees, or agents be held liable for damage, loss, injury up to and including death caused by or arising out of the use of the Baby Gear to function as intended.
Customer assumes any and all risks, both known and unknown, related to use of the Baby Gear, and enters into these Terms of Service with full knowledge that there is risk using equipment with babies or small children. Use of Baby Gear is AT YOUR OWN RISK and without representations or guarantees by Hawaii Baby Rentals.
BY RENTING BABY GEAR ON OUR WEBSITE, YOU HEREBY REPRESENT THAT YOU UNDERSTAND THAT IF YOU OR YOUR CHILD OR CHILDREN ARE INJURED WHILE USING THE BABY GEAR, THIS DISPUTE SHALL IN NO WAY INVOLVE HAWAII BABY RENTALS WHO DOES NOT REPRESENT OR WARRANT ANYTHING WITH RESPECT TO THE BABY GEAR WHICH IS MANUFACTURED BY A THIRD PARTY, OWNED BY A THIRD PARTY, AND MAINTAINED BY A THIRD PARTY. YOU HEREBY RELEASE HAWAII BABY RENTALS, ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, AND EMPLOYEES FROM ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, AND THE LIKE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED TO YOUR USE OR RENTAL OF BABY GEAR.
Hawaii Baby Rentals Intellectual Property
The contents of our Website are protected by United States and international copyright laws and owned exclusively by Hawaii Baby Rentals or licensed to us. You may not, and may not encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms of Service are reserved to Hawaii Baby Rentals.
Hawaii Baby Rentals and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Hawaii Baby Rentals. All rights in these Marks are reserved by Hawaii Baby Rentals. You may not use any Hawaii Baby Rentals-provided Marks or other logos or graphics without our prior written consent.
We grant you a limited, revocable, non-transferable, and non- exclusive license to access and make personal use of our Website. This limited license does not include the right to (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all its content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any/or its content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the Website automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms of Service.
Your Content
If you send submissions of any kind, with or without a request from us, including ideas, suggestions, proposals, plans, or other materials, whether online, by email or otherwise (the “Submissions”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submission that you forward to us. This does not include any confidential or personal information that you send to us, for example, when signing up for our Services.
We are and shall be under no obligations: (1) to keep Submissions confidential; (2) to pay compensation to you for Submissions; or (3) to respond to any Submissions. By submitting Submissions to us, you hereby transfer and assign any claim to any rights you may have had or currently have in those Submissions and do so knowingly and intentionally.
You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or property right YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HAWAII BABY RENTALS from any and all third party claims involving the Submissions. We take no responsibility and assume no liability for any Submissions submitted by you.
Third Party Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by us. Hawaii Baby Rentals has no control over and assumes no responsibility for the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites that you visit.
You understand that Hawaii Baby Rentals may use licensed materials or content on our Website and that there is no agency relationship between Hawaii Baby Rentals and any of these third-party persons or entities.
By using our Website, you expressly release Hawaii Baby Rentals, its employees, agents, affiliates, owners, and principals from liability arising out of your use of any content, plans, product or services provided by third-parties.
YOU EXPRESSLY AGREE THAT HAWAII BABY RENTALS WILL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY CIRCUMSTANCES, FOR ANY CONTENT OF ANY KIND OR FOR ANY HARM RELATED THERETO, OR YOUR USE OR RELIANCE ON THE CONTENT PROVIDED BY A THIRD PARTY.
You are prohibited from using our Website or Services:
• for any unlawful purpose
• to solicit others to perform or participate in unlawful acts;
• to violate any international, federal, or state law, rule, regulation or local ordinance; or
• for any obscene or immoral purpose
We reserve the right to terminate your use of our Website or Services for violating any of these community guidelines.
Copyright Infringement
If you believe that your copyright has been infringed by Hawaii Baby Rentals, please immediately send us a notice to hawaiibabyrentals@gmail.com with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate, is under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We respond to notices of copyright infringement within twenty-four (24) hours and take any such allegations very seriously. The reported content will be taken down within seventy-two (72) hours of written notice. We do not mediate disputes. However, if an alleged infringement, in our opinion, has no merit, the content will be placed back on our Website.
Hawaii Baby Rentals prohibits any infringement of intellectual property rights by any user of the Services.
Terms & Errors
These Terms of Service will remain active and in full force and effect so long as they are posted on our Website.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, provisions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time.
Disclaimer # 2
Our Website and our Services are provided “AS IS” and, to the extent permitted by applicable law, Hawaii Baby Rentals, its owners, officers, directors, employees, agents, affiliates, representatives, licensors, and third party providers exclude all representations or warranties or any kind, express or implied, limited or extended, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
We expressly disclaim any liability for loss or damage sustained by you as a result of using our Services.
WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR WEBSITE, WHICH MAY BE DOWN FROM TIME TO TIME DUE TO BUGS, ERRORS OR FIXING ISSUES.WE ALSO DO NOT AND CANNOT GUARANTEE THAT EVERYTHING ON OUR WEBSITE IS ACCURATE AND UP TO DATE. WE ENDEAVOR TO PROVIDE YOU WITH THE MOST CURRENT INFORMATION WITH RESPECT TO PRODUCTS, PRICING AND OTHERWISE, BUT CANNOT GUARANTEE THAT ALL INFORMATION ON OUR WEBSITE IS ACCURATE.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT HAWAII BABY RENTALS RECEIVED IN CONNECTION WITH THE SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HAWAII BABY RENTALS, ITS OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND REPRESENTATIVES HARMLESS FOR ANY LOSS, DAMAGE OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY CLAIM, ACTION OR DEMAND ARISING FROM (i) YOUR USE OR MISUSE OF BABY GEAR; (ii) YOUR BREACH OF THESE TERMS; OR (iii) BREACH OF APPLICABLE LAW.
General Provisions
Waiver. The restraint by Hawaii Baby Rentals of enforcement of any of these terms shall not be construed as a legal waiver of its right to enforce and compel strict compliance with every term of these Terms of Service.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms of Service without Hawaii Baby Rentals’ prior written consent.
Relationship. Nothing in these Terms of Service shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and Hawaii Baby Rentals.
Applicable Law. These Terms of Service shall be governed by the laws of the State of Hawaii.
Alternative Dispute Resolution. Any dispute arising from these Terms of Service shall be subject to binding arbitration. The governing rules shall be the rules, then-implemented, of the American Arbitration Association commercial division. Hawaii Baby Rentals and you agree that any final decision in such arbitration may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters is located. Should either party forgo arbitration, that party shall be barred from recovering their attorneys’ fees and costs.
Class Action Waiver. To the extent permitted by applicable law, you and Hawaii Baby Rentals agree that any dispute arising out of these Terms of Service or the Services is personal to you and Hawaii Baby Rentals and that such disputes, if any, will be resolved solely through individual arbitration and will not be brought as class arbitration, class action or any similar type of proceeding.
Sever-ability. If any provision of these Terms of Service shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Updates. We recommend that you check the Terms of Service periodically for updates.
Questions
If you have any questions or comments regarding these Terms of Service, please feel free to contact us by email at hawaiibabyrentals@gmail.com.
CAMEO KA’AHANUI (808) 269-0761 hawaiibabyrentals@gmail.com