Terms of Service

1. Who We Are and What This Platform Is

HeavyRentals.ca ("HeavyRentals", "we", "us", or "our") operates an online marketplace, directory, and set of business tools located at heavyrentals.ca and its subdomains (the "Platform"). The Platform is a neutral venue that lets independent heavy equipment rental companies list their equipment and lets renters search for, discover, and connect with those companies.

HeavyRentals is not an equipment rental company, dealer, broker, agent, contractor, sub-contractor, employer, joint venturer, or partner of any user. We do not own, lease, hold, inspect, test, certify, transport, deliver, install, operate, maintain, repair, insure, or supervise any equipment listed on the Platform, and we do not employ, engage, direct, or control any owner, renter, operator, driver, or service provider. We are, in effect, a specialized search engine and connection service for the heavy equipment rental industry, together with optional software tools that rental companies may use to run their own businesses.

By registering an account, accessing, browsing, or otherwise using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not use the Platform.

2. Definitions

• "Owner" (also "rental company") means a registered user, business, or its team members that lists heavy equipment or services for rent on the Platform.
• "Renter" (also "customer" or "client") means a registered user or business that searches for, requests, or rents equipment through the Platform.
• "User" means any person or entity that accesses the Platform, including Owners, Renters, service providers, and visitors.
• "Equipment" means any heavy machinery, construction equipment, attachment, or related asset listed on the Platform.
• "Service Provider" means a registered insurance provider, equipment operator, float/transport provider, or similar third party listed in our directories.
• "Rental Agreement" means the contract for a rental entered into directly between an Owner and a Renter, whether generated through the Platform or otherwise.
• "Commission" means the fee an Owner pays HeavyRentals on a completed rental, as described in Section 7.
• "Content" means any listing, description, photograph, video, message, review, rating, document, or other material submitted to or displayed on the Platform.

3. Eligibility and Accounts

You must be at least 18 years of age and able to form a legally binding contract to use the Platform. Owners and Service Providers must be a validly registered business or sole proprietor lawfully operating in Canada. You agree to provide accurate, current, and complete information during registration and to keep it up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account, including activity by team members you invite. We offer optional two-factor authentication, and we strongly recommend you enable it. Notify us immediately at [email protected] if you suspect unauthorized access. HeavyRentals is not liable for any loss arising from unauthorized use of your account.

We may refuse, suspend, restrict, or terminate any account, and remove any Content, at our sole discretion, with or without notice, including for any breach of these Terms or where we believe it is necessary to protect the Platform or its users.

4. What the Platform Provides

Subject to these Terms, the Platform may make available, at our discretion, features including: searchable equipment listings by category, manufacturer, model, and location; equipment specification and rental-rate reference information; a rental-request and response workflow; an in-platform messaging system; automatically generated rental contracts with electronic signature; reviews and ratings; a document vault for credentials and certificates; availability calendars; commission tracking and invoicing; analytics and reporting; accounting integrations; equipment logbooks and condition reports; team management; a referral program; saved searches and alerts; notifications by email and, where you opt in, SMS or web push; directories of insurance, operator, and transport service providers; and optional paid promotion and subscription tools for Owners.

These tools are provided to help Owners run their businesses and to help Renters find and keep a record of their dealings with rental companies. They are conveniences, not guarantees. We may add, change, suspend, or remove any feature at any time. Reference rates, specifications, market data, and similar information are estimates provided for general guidance only, may be inaccurate or out of date, and must not be relied upon as professional, financial, legal, engineering, or safety advice.

5. We Are Not a Party to Rentals; No Screening or Endorsement

Every rental is a direct transaction between an Owner and a Renter. HeavyRentals is not a party to, and assumes no responsibility for, any Rental Agreement, quotation, negotiation, delivery, pickup, use, or return of equipment. We do not set rental prices, we do not guarantee that any rental will occur, and we do not guarantee the acts, omissions, conduct, solvency, qualifications, licensing, insurance, or performance of any User.

Verification badges, business-registration checks, tier status, ratings, reviews, or similar indicators on the Platform are informational only. They are not a warranty, certification, endorsement, or recommendation by HeavyRentals of any User, and they do not guarantee identity, competence, safety, quality, legality, or insurance coverage. You are solely responsible for evaluating, and bear all risk of dealing with, any other User. We strongly recommend that both parties independently verify identity, licensing, insurance, equipment condition, and safety compliance before entering into any rental, and obtain their own legal, insurance, and safety advice.

6. Equipment Listings and Content

Owners are solely responsible for the accuracy, completeness, legality, and safety of their listings, including descriptions, specifications, serial numbers, photographs, pricing, availability, delivery terms, and any representations about equipment condition or compliance. HeavyRentals does not independently verify listings and makes no warranty about any listing.

You retain ownership of Content you submit. You grant HeavyRentals a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, publish, translate, resize, re-encode, distribute, and display your Content for the purposes of operating, promoting, and improving the Platform (for example, generating listing pages, thumbnails, compressed images, search results, and marketing). You represent that you own or have the rights to all Content you submit and that it does not infringe any third-party right or violate any law. We may resize, compress, convert, moderate, or remove Content, and we may decline to publish or may remove any Content at our sole discretion.

7. Fees, Commission, and Payments

Renters pay HeavyRentals nothing. We charge Renters no fee, commission, service charge, booking fee, markup, or surcharge of any kind for finding, contacting, or renting from a rental company. All amounts payable for a rental — rental charges, deposits, delivery, fuel, damage, taxes, and anything else — are set by, invoiced by, and paid directly to the Owner, off-platform, on the terms the parties agree. HeavyRentals does not collect, hold, process, escrow, or guarantee rental payments between Users.

Owners pay HeavyRentals a Commission on completed rentals at the rate disclosed on the Platform (which may vary by tier and may change from time to time with reasonable notice), locked in at the time the contract is generated. Owners may also choose to purchase optional products such as featured placement, listing promotion, company spotlights, expedited verification, or a subscription plan. Commission and product invoices are issued through the Platform and paid by card via our payment processor, Stripe. All such fees are in Canadian dollars and are exclusive of applicable taxes, which will be added where required.

If an Owner fails to pay a Commission invoice by its due date, we may, after notice, suspend the Owner's listings until the balance is paid, and we may pursue collection and the remedies in these Terms. Optional product fees are generally non-refundable except as required by law.

8. Contracts and Electronic Signatures

Where the parties choose to use it, the Platform can generate a Rental Agreement from listing and conversation data for the Owner and Renter to review and sign electronically. When you sign electronically, you consent to the use of electronic records and signatures, and you agree that your electronic signature is legally binding. We record the date, time, and IP address associated with each signature as evidence of execution, and we store signed contracts on secure, access-controlled storage.

HeavyRentals is not a party to any Rental Agreement, provides no legal advice, and makes no representation that any generated contract is complete, enforceable, or suitable for your circumstances. The parties are responsible for reviewing every agreement and obtaining their own legal advice. Any dispute about a Rental Agreement, including performance, payment, damage, injury, or breach, is solely between the Owner and the Renter.

9. Communications, Messaging, and Reviews

The Platform provides messaging so that Users can communicate and keep a record of their dealings. To protect Users and to support our anti-circumvention measures, messages may be automatically screened and contact information or prohibited content may be filtered, flagged, or removed. You must keep communications relating to Platform-listed equipment on the Platform (see Section 10). Administrators may access conversations where necessary to operate the Platform, resolve disputes, enforce these Terms, or comply with law.

Reviews and ratings must be honest, based on genuine experience, and must not be false, defamatory, harassing, or manipulated. You grant HeavyRentals the right to publish, display, and retain reviews and ratings. We may moderate, decline, or remove reviews, and we operate a dispute process, but we are not responsible for opinions expressed by Users and we do not guarantee that any review is accurate.

10. Anti-Circumvention

HeavyRentals earns its Commission only when rentals happen through the Platform. Accordingly, Users who are first introduced or connected through the Platform agree not to circumvent it by arranging, invoicing, or completing a rental of Platform-listed equipment off-platform in order to avoid Commission, and agree to keep related communications on the Platform. This obligation applies to any equipment a User first became aware of, or any counterparty a User was first connected with, through the Platform, and survives for twelve (12) months after that introduction.

A User who breaches this Section agrees to pay HeavyRentals, as liquidated damages and not as a penalty, an amount equal to three (3) times the Commission that would have been payable on the circumvented rental, together with our reasonable costs of collection. The parties agree this is a reasonable pre-estimate of the loss to HeavyRentals, which would otherwise be difficult to quantify. We may also suspend or terminate the accounts of Users who attempt circumvention.

11. Prohibited Conduct

You agree not to:

• Circumvent the Platform to avoid Commission, or solicit Users to transact off-platform in breach of Section 10.
• Post false, misleading, fraudulent, infringing, or unlawful listings, Content, reviews, or information.
• Impersonate any person or entity, or misrepresent your identity, licensing, insurance, or affiliation.
• Harass, threaten, defame, or harm other Users, or infringe their rights.
• Upload viruses, malware, or files intended to disrupt or gain unauthorized access to the Platform.
• Scrape, crawl, harvest, index, or extract data or Content from the Platform without our prior written consent.
• Reverse engineer, interfere with, overload, or attempt to bypass the security or access controls of the Platform.
• Use the Platform for any unlawful purpose or in violation of any applicable law, regulation, or third-party right.
• Collect or use another User's personal information except as necessary to complete a legitimate rental.

12. Third-Party Services and Links

The Platform integrates with and links to third-party services (for example, payment processing, mapping, accounting, messaging, transport, insurance, and operator providers). We do not control and are not responsible for third-party services, their availability, or their content, and your use of them is governed by their own terms. Listing a Service Provider in our directories is not an endorsement, and any engagement of a Service Provider is a direct arrangement between you and that provider.

13. Disclaimers — "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT, TOOLS, DATA, AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

WITHOUT LIMITING THE FOREGOING, HEAVYRENTALS MAKES NO WARRANTY OR REPRESENTATION ABOUT ANY USER, ANY EQUIPMENT, ANY LISTING, ANY RENTAL AGREEMENT, OR THE CONDITION, SAFETY, LEGALITY, QUALITY, OR SUITABILITY OF ANY EQUIPMENT OR SERVICE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM AND YOUR DEALINGS WITH OTHER USERS.

14. Assumption of Risk and Release

Heavy equipment is inherently dangerous, and its rental, transport, operation, and use carry risks of serious property damage, injury, and death. You acknowledge and voluntarily assume all such risks. The safe selection, inspection, insurance, transport, operation, maintenance, and use of equipment, and compliance with all applicable safety, licensing, environmental, and workplace laws, are the sole responsibility of the Owner and the Renter, not HeavyRentals.

To the maximum extent permitted by law, you release and forever discharge HeavyRentals and its officers, directors, employees, contractors, and agents (the "HeavyRentals Parties") from any and all claims, demands, liabilities, damages, losses, and expenses of every kind, whether known or unknown, arising out of or in any way connected with any other User, any equipment, any listing, any communication, any Rental Agreement, or any interaction or transaction that the Platform facilitated or was connected with.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HEAVYRENTALS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY, OR FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, ANY EQUIPMENT, ANY USER, OR ANY RENTAL AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE HEAVYRENTALS PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL COMMISSION AND PRODUCT FEES YOU ACTUALLY PAID TO HEAVYRENTALS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100). Because Renters pay HeavyRentals nothing, HeavyRentals' aggregate liability to a Renter shall not exceed CAD $100. Some jurisdictions do not allow certain limitations; where a limitation is not permitted, our liability is limited to the least extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless the HeavyRentals Parties from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your Content; (c) your breach of these Terms or any law; (d) any Rental Agreement or dealing between you and another User; (e) any equipment you list, rent, transport, operate, or use; or (f) any property damage, injury, or death connected with any of the foregoing. HeavyRentals may assume the exclusive defence of any matter subject to indemnification, at your expense, and you agree to cooperate.

17. Suspension and Termination

You may stop using the Platform and request closure of your account at any time. We may suspend or terminate your access, or remove Content, at any time and for any reason, including non-payment, breach of these Terms, suspected fraud or circumvention, or to protect the Platform or its Users. Sections that by their nature should survive termination — including Sections 6, 7, 10, and 13 through 20 — will survive. Termination does not relieve you of amounts owed, including outstanding Commission and any liquidated damages under Section 10.

18. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any non-waivable right you may have as a consumer, you agree that the courts of the Province of Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform, and you consent to the personal jurisdiction of those courts. Before commencing any formal proceeding, you agree to first contact us in good faith at [email protected] to attempt to resolve the matter.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the version and date above and may notify you through the Platform or by email. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Platform.

20. General

These Terms, together with the Privacy Policy, are the entire agreement between you and HeavyRentals regarding the Platform. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them freely. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and HeavyRentals. Headings are for convenience only.

21. Contact

Questions about these Terms of Service:

HeavyRentals.ca
Legal: [email protected]
Security: [email protected]
Website: heavyrentals.ca