For both parties convenience in the case of a transaction, fill out the following Rental Agreement at exchange/meeting of lender and borrower. Rental Agreement may be used in the case of an arisen conflict.
Borrower hereby authorizes Daska Holdings, LLC (“DASKA”) aka Tooltoyou.com, accept the amount due into PayPal plus any, all late fees and any and all other fees related to the use of the equipment. Twenty-two percent of the amount due is paid to DASKA for allowing the parties to use the website with the remainder being retained by the Owner/Lender. In addition, PayPal will take out its standard fees.
All tools/equipment are to be returned to the Owner by 7:00 p.m. on the return date. The time of pick up does not change the fact that all tools/equipment will be returned to Owner by 7:00 p.m. on the return date. If the equipment/tool is returned after 7:00 p.m. on the return date, then Borrower will be charge a full extra day for use for each additional day of use. Any and all late fees shall be paid through DASKA's website in which DASKA will retain its standard twenty-two percent. While DASKA will make best efforts to collect the late fee, it is not, in any way liable to Owner, if DASKA cannot collection the late fee. After DASKA's best efforts, then Owner is solely responsible for collecting the late fees outlined in this paragraph as well as providing DASKA with its twenty-two percent.
If Borrower fails to return Equipment to Owner within fourteen (14) calendar days of Return Date, Owner shall assess the Late Fee to its fullest extent allowed by law. Owner shall also assess the Fair Market Value of the Equipment against Borrower. Owner shall also assess against Borrower all expenses Owner incurs due to Borrower’s failure to return Equipment, including costs in locating and recovering equipment as well as any and all attorney's fees and costs associated with obtaining the missing equipment. DASKA will attempt, but is in no way responsible for, the collection of the late fees or the Fair Market Value fees.
Terms and Conditions
TERM This Agreement shall commence at the time of pick up and remain in full force and effect until Equipment is returned to Owner.
ADDITIONAL COSTS Borrower shall also pay other charges in accordance with this Agreement due upon return of the Equipment, to the fullest extent allowed by law, including but not limited to:
Loss of, damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
Unless due to the faults of the Owner, all fines, penalties, court costs, and other expenses relating to the Equipment assessed against Owner or Equipment during the rental term;
CARE AND USE OF EQUIPMENT Borrower agrees to keep and maintain Equipment in good condition and use it in a careful and proper manner (including but not limited to maintenance of proper fuel, oil, and lubricant levels, if applicable), as the Equipment is reasonably intended, and shall comply with all applicable laws and regulations, and the Owner’s instructions or manuals.
REPAIRS AND ALTERATIONS The costs of all repairs made during the Term shall be paid by Borrower, including but not limited to labor, material, parts, and other items. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
INSURANCE Borrower shall procure and continuously
maintain and pay for:
All risk insurance against loss of and damage to Equipment for not less than the full replacement value of the
Equipment, naming Owner as loss payee; and
Combined public liability and property damage insurance with limits as approved by Owner, naming Owner as additionally named insured and a loss payee.
RESTRICTIONS ON USE Borrower shall not:
Permit Equipment to be used by any person who is not authorized to use such Equipment. Borrower shall be the sole user of Equipment;
Operate or use Equipment, or permit it to be operated or used in violation of law;
Operate or use Equipment, or permit it to be operated or used to commit a violation of law; and/or
LOSS OR DAMAGE Borrower hereby assumes and shall bear all risks of loss, theft, damage or destruction, partial or complete, of the Equipment from any and every cause whatsoever. No loss or damage to the Equipment, or any part thereof, shall impair any obligation of Borrower under this Agreement which shall continue in full force and effect through the term of this Agreement. Borrower shall alert Owner to any damage to the Equipment. Borrower shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage or repair to it, and missing equipment. In the event of loss or damage of any kind to the Equipment, Borrower shall, at Owner’s option:
Place the same in good repair,
condition, and working order; or
Replace the same with like equipment in good repair, condition, and working order; or Pay to Owner the replacement cost of Equipment.
CONDITION OF EQUIPMENT Borrower acknowledges that Borrower has examined Equipment and that it is in good and acceptable condition except as specifically agreed in writing between the parties. Borrower further acknowledges that Borrower has seen Equipment in operation, if appropriate/applicable, and that it is in proper functioning order. At Borrowers sole discretion, Borrower can inspect the equipment and provide a checklist of issues or damage to the equipment prior to taking possession from Lender.
WARRANTIES AND REPRESENTATIONS DASKA and Owner, individually, make no warranty, express or implied, course of dealing, course of performance, usage of trade or otherwise, and expressly exclude and disclaim all warranties and representations of any kind, including any warranties of merchantability, and fitness for a particular purpose. Owner warrants that Owner has the right to rent the Equipment as provided in this Agreement.
RETURN OF EQUIPMENT Borrower shall return Equipment on the date specified, in the same condition as Borrower received it, except for normal and reasonable wear and tear resulting from proper use. Borrower shall return the Equipment to the location agreed upon. If Equipment is not returned on said date, Owner reserves the right to take any lawful action to regain possession of Equipment.
INDEMNIFICATION AND LIABILITY Borrower shall indemnify, defend, and hold harmless DASKA and Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Borrower’s use of Equipment by any cause.
If any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Borrower’s use of Equipment is caused by Owner’s gross negligence or willful misconduct, then Borrower may seek remedies against Owner ONLY.
IN NO EVENT SHALL DASKA BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, LOSS OR DAMAGES ARISING FROM BORROWER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST REVENUE.
ASSUMPTION OF RISK The Equipment being rented is inherently dangerous. Borrower acknowledges that Borrower and/or third parties could potentially be injured, permanently injured, disfigured or die from the use of the Equipment. Borrower assumes all risk to Borrower and any and all third parties from the use of the equipment, machinery or tools provided. Borrower further avers that the named Borrower is the only person that will use said Equipment.
CANCELLATION If Borrower cancels Borrower's order from Lender, then Borrower will rely solely on Lender to provide a refund of the money. DASKA is in no way responsible for the return of the money from Lender. Any cancellations within twenty-four hours of the rental will be charged the full amount. If Lender cancels, then Lender will need to return all monies paid by Borrower including the 22% fee taken by DASKA for providing the advertising website.
ASSIGNMENT Borrower may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
JURISDICTION/VENUE/CHOICE OF LAWS By signing this agreement the parties hereto accept that any dispute, not covered by the binding arbitration provision, between the parties will be resolved in Orange County Superior Court. The parties hereto further stipulate that the agreement will be interpreted pursuant to California law.
ARBITRATION Any and all claims made by or against DASKA shall be subject to binding arbitration. Binding arbitration will take place at JAMS. If the parties cannot agree on an arbitrator, then JAMS will pick three jurist with each party removing one. The remaining jurist will be the arbitrator. An award from the arbitrator shall be binding in any court of competent jurisdiction.
ENTIRE AGREEMENT This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement is sought.
SEVERABILITY If any portion of this agreement is deemed to be non-enforceable, all other provisions will remain enforceable.
NO USE OF COPYRIGHTED
IMAGES By entering this
agreement Owner certifies that all imagines uploaded on this site are their
sole and separate property. Owner further certifies that he is not using any
images that are
the copyrighted property of a third party.
LIMITATION OF LIABILITY FOR DASKA HOLDINGS, LLC
Owner and Borrower agree that Daska Holdings, LLC (“DASKA”) aka Tooltoyou.com is a third-party intermediary/advertiser that has facilitated the rental of the Equipment between the Parties, and is therefore not liable for any warranties, representations, or understandings made prior to, during, after, and/or in contemplation of the Agreement between the Parties. Parties agree to hold DASKA harmless for any issues arising from the rental, including but not limited to, injury, payment, functionality, damage, return and/or use of the equipment. DASKA has no ownership interest, whatsoever, in the Equipment being rented. DASKA makes no representations or warranties, express or implied or otherwise, regarding the Equipment being rented. DASKA has not, in any way, reviewed or inspected the equipment.
Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person, User, or Users.
Personal Identification Information
Web Browser Cookies
The Company may collect personal identification information from Users in a variety of ways, including, but not limited to when Users:
- Register on the Site;
- Place an order to rent a tool;
- Offer their tool for rent;
- Fill out a form; and
- In connection with other activities, services, features or resources We make available on the Site.
Users may be asked for, as appropriate and where applicable, including but not limited to:
- Their name;
- Email address;
- Mailing address;
- Phone number;
- Social security number; and
- Credit card information, bank account information, and/or credentials for internet payment services (e.g., PayPal).
The Company will only collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. The personal identification information will only be used by the Company in connection with and related to the services provided by the Company and the Site. The personal identification information shall be kept confidential and will not be conveyed, sold, disclosed, or released to a party not affiliated with the Company or in connection or related to the services provided by the Company.
Non-Personal Identification Information
The Company may collect non-personal identification information about Users whenever they interact with our Site. This data does not, on its own, permit direct association with any specific individual. Non-personal identification information includes, but is not limited to:
- Their browser name and type;
- Their IP address and/or location;
- Referral and exit URLs, websites, and applications;
- Information regarding the User’s activities on the Site and how you use our services; and
- Unique device identifier, i.e., the type of computer and technical information about a User’s means of connection to our Site, for example, the operating system and the Internet service providers utilized; whether the User accessed the Site from a computer, mobile device, or designated app; and other similar information.
The Site may use “cookies” to enhance the User’s experience. The User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. These cookies help the Company better understand User behavior, tell Us which parts of Our Site the User visited, and facilitate and measure the effectiveness of our Site. The Company uses this information to understand and analyze trends, administer the Site, improve Our products and services, and gather aggregate demographic information about Users.
How We Use Collected Information
The Company may collect and use a User’s personal information, essentially, to improve the User’s experience when using the Site and the Company’s services, including but not limited to the following examples:
We may use the email address provided by the User to send the User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
- To run and operate the Site;
- We may need your information display content on the Site correctly;
- To improve customer service;
- Information Users provide helps us respond to customer service requests and support more efficiently;
- To personalize the User’s experience;
- We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site;
- To improve our Site;
- We may use feedback Users provide to improve our products and services;
- To process payments;
- We may use the information Users provide about themselves when placing an order to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service;
- To run a promotion, contest, survey or other Site feature;
- To send information to Users who agreed to receive about topics We think will be of interest to them; and
How We Protect Your Information
The Company appreciates, respects, and maintains the security of your personal information very seriously. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site in accordance with applicable laws. The Company regularly reviews Our information collection, storage and processing practices, to guard against unauthorized access to Our systems.
Sharing Your Personal Information
We do not sell, trade, or rent User’s personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and Users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help operate the Company and the Site, or administer activities on the Company’s behalf, such as sending out newsletters or surveys. We may share User’s information with these third parties for those limited purposes provided that the Company has obtained your prior consent.
Disclosure of Personal Information as Required by Law
It may be necessary – whether by law, legal process, litigation, and/or requests form public and governmental authorities – for the Company to disclose a User’s personal information. Company may also disclose a User’s personal information if we determine with a good-faith belief that for purposes of:
- Applicable law;
- Detecting, preventing, or otherwise addressed fraud, security, safety, or technical issues;
- Protect against harm to the rights, property, or safety of the Company;
- Protect against harm to the rights, property, or safety of the User, Users, or the public;
- National security;
- Law enforcement; or
- Other issues of public importance and safety where disclosure is necessary and/or appropriate.
If a User decides to opt-in to our mailing list, they will receive emails that may include Company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third-party service providers to help operate the Company’s business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share User’s information with these third parties for those limited purposes provided that the Company has obtained your prior consent.
Users may find advertising or other
content on our Site that link to the sites and services of our partners,
suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that
appear on these sites and are not responsible for the practices employed by
websites linked to or from our Site. In
addition, these sites or services, including their content and links, may be
constantly changing. These sites and
services may have their own privacy policies and customer service policies. Browsing and interacting on any other website,
including websites that have a link to our Site, is subject to that website’s
own terms and policies. The information
collected by those third-party websites is also governed by their privacy
practices and we strongly suggest that make yourself aware of their policies
The Company has the discretion to
we do, we will post a notification on the main page of our Site, revise the
updated date at the bottom of this page and/or send an email to the Users. We encourage Users to frequently check this
page for any changes to stay informed about how we are helping protect the
personal information we collect. Users acknowledge
periodically and become aware of modifications.
Privacy Age Restriction
The Company appreciates and
understands the importance of taking precautions and measures to protect the
privacy of minors. For that reason, We
never collect or maintain information from those we have actual and legitimate
notice are under the age of 18, and no part of the Site is structured to
attract anyone under 18. If we learn
that we have collected the personal information of a minor, we will take
appropriate steps to delete the information as soon as possible.
Your acceptance of these terms
using this Site, Users signify their acceptance of this policy. If Users do not
agree to this policy, please do not use our Site. User’s continued use of the
Site following the posting of changes to this policy will be deemed their
acceptance of those changes.
dealings with this site, please contact [email protected].
This document was last updated on August 18, 2016.
Daska Holdings, LLC., TooltoYou.com