Last modified: June 22, 2020
Welcome to BERTOOZIE Gear Share Ltd. at Bertoozie.com, an online platform for the film and entertainment industry professionals. Bertoozie.com facilitates the union of equipment, gear, and location owners with those seeking to rent or purchase them to realize a creative vision.
1. Disclaimer Notice
"User", "you" and "your" refers to you, the person accessing this website and accepting the Agreement. The “Platform", "ourselves", "we", "our" and "us", refers to BERTOOZIE Gear Share Ltd. and or the Website and all subdomains of the Website. “Party” or “parties” refers to both the User and Ourselves, or either the User or Ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and he/she or they, are taken as interchangeable and therefore as referring to same.
3. Your Account
5. Using Bertoozie.com
You will post listings in the appropriate category or area and will refrain from any unkind behavior such as: Post items you do not own; misrepresent information; infringe any third-party right; distribute spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm the Website or the interests or property of Bertoozie users; impose an unreasonable load on our infrastructure or interfere with the proper working of the Website; copy, modify, or distribute any other person's content; use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; or bypass measures used to prevent or restrict access to the Website.
6. Republish Rights
You must not: Duplicate, copy or reproduce any material from the Website or any of its sub domains, republish material from the Website, rent or sub-license material or redistribute content from BERTOOZIE Gear Share Ltd. (unless content is specifically made for redistribution).You agree that you will not create any derivative works from the Website, reverse engineer, decompile, disassemble or otherwise attempt to discover the underlying source code of the Website; share your access or credentials with any other person; disclose to third parties any evaluation of the Website without our prior written consent; access the Website in order to build a competing product, copy any features of the Website, or tamper with the security of the Website or other users’ accounts.
7. Abusing Bertoozie Services
Please tell us about any problems or offensive content so that together we can keep the maintain the harmony of the Bertoozie experience. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep the offending users off Bertoozie.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off the Website, we do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of Bertoozie by users.
You may be able to leave a review when messaging with other users on the Website. Reviews consist of a “Thumbs Up” or “Thumbs Down” in addition to a field where your comments and overall experience maybe logged. Your submitted review, username, and profile photo (if available) will be made public. User reviews should be left in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should: be truthful to what happened between you and the other user; not be left in an attempt to harass or abuse another user; not be an attempt to manipulate or mislead other users. We reserve the right to remove reviews which we consider inappropriate according to our own discretion.
Neither BERTOOZIE Gear Share Ltd. nor the Website insures or provides insurance coverage of any kind to the users of the platform. The Website provides a means of communicating any insurance coverages to the owners of equipment or site, as courtesy, to encourage parties to address the topic of insurance in communications pertaining to each transaction. Neither BERTOOZIE Gear Share Ltd. nor the Website claims any responsibility for the misuse or falsified information entered or disclosed by any user of the platform.
BERTOOZIE GEAR SHARE LTD., THE WEBSITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE LISTER OR OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BERTOOZIE GEAR SHARE LTD. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, BERTOOZIE GEAR SHARE LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BERTOOZIE GEAR SHARE LTD. DOES NOT WARRANT THAT INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WESBITE, BERTOOZIE’S HOST SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BERTOOZIE GEAR SHARE LTD. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW. BERTOOZIE GEAR SHARE LTD. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BERTOOZIE GEAR SHARE LTD. SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BERTOOZIE GEAR SHARE LTD. SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, UNLESS OTHERWISE SPECIFIED IN WRITING.
11. Commission and Services
Using the Website is generally free, however, once a transaction of rental occurs, we collect a 14% commission (inclusive of applicable taxes) from the transaction owner of the equipment. We also collect a 6% commission (inclusive of applicable taxes) from the renter in the transaction. On a sales transaction we collect a commission of 6% (inclusive of applicable taxes) from the seller. These fees are disclosed for each transaction providing the opportunity of acceptance for each charge. You will be able to review and accept that charge. Our commission is quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our commission by posting such changes on the site. We may choose to temporarily change our commission for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our commission is non-refundable, and you are responsible for paying them when they are due. If you don't, we may limit your ability to use the Website services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Canadian federal and provincial taxes associated with our services will be collected when applicable. You agree to provide accurate address information necessary for BERTOOZIE Gear Share Ltd. to comply with its obligations under applicable law. To the extent that such information is not provided, BERTOOZIE Gear Share Ltd. will in its discretion determine and collect appropriate taxes. You are solely responsible to charge and remit any applicable taxes resulting from the sale or rental your items or services listed on the Website.
12. Taking Rental or Sale Offline
The exchange of personal contact information before a rental request or offer has been accepted is not permitted. Any efforts to move rentals or sales initiated on the Website off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Website but completed off-site will not be protected by any of BERTOOZIE Gear Share Ltd.’s policies or protections.
The platform contains information from us, you, and other users (as well as from our third-party service providers). You agree not to copy, modify, resell or distribute the services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
All trademarks reproduced on this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
You will indemnify and hold harmless BERTOOZIE Gear Share Ltd., the Website and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Website services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.
15. Governing Law; Venue
The Agreement and any disputes arising out of or related hereto are governed by and will be construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario. Any claim arising out of, or related to the Agreement or the rights granted hereunder will be instituted exclusively in the court of Ontario located in Toronto, and each party irrevocably submits to the jurisdiction of such courts in and such Claim.
The parties hereto have expressly requested that the Agreement and all ancillary documents be drafted in English.
Les parties aux présentes ont expressément requis que la présente entente et tous les documents y afférents soient rédigés en langue anglaise.
17. Contacting BERTOOZIE Gear Share Ltd.
Please contact us if you have any questions about these Terms of Service.
You may contact us here at our contact form.