Terms and Conditions

 luest reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your luest Account within 30 days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you. 

 All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available through our Services, or available via a link from our Services to a page created by luest on another website (collectively, the "Content"), are the sole property of luest and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Content for any purpose not expressly permitted in our Terms of Service or otherwise consented to by luest is prohibited. You may download or print one copy of the Content to any single device for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of luest. To obtain written consent for such reproduction, please contact us at: info@luest.ca

Our Services are licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to install our Application, or access our Website, on any single mobile device, tablet, or similar technology solely to be used in connection with our Services for your private, personal, use. Our Services are protected by copyright and other intellectual property laws and treaties and are owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the law of the United States and Canada and the laws of the jurisdiction in which our Services were obtained. We may automatically check and update the version of our Services which you are using in order to improve the performance and capabilities of our Services.

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to luest certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or luest’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. 

The email address you provided will be how you access your luest Account, if you registered using this method. You may connect to the Services with a third-party service (e.g., Facebook or Google), in which case you give us permission to access, store, and use your information from such service as permitted by that service and as may be described in our Privacy Policy. You agree to provide true, current, complete and accurate information as requested, and to update that information as soon as possible after any information on such registration changes. You alone are responsible for keeping your Account login information and associated passwords confidential, and for any and all of your Account activity. Therefore, you should protect your password and make your password secure and difficult for others to guess. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security via info@luest.ca.

Any material transmitted, stored, accessed or otherwise maintained through the use of the services is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the website, platform or services. No advice or information, whether oral or written, obtained by you from luest or through or from the services shall create any warranty or condition not expressly stated in these terms.

You must adhere to our code of conduct, as described herein (the "Code of Conduct") as a condition of your continued access to and use of our Services. Any breach of this Code of Conduct, in our sole discretion, will result in you being banned from the Services. You agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, You agree not to:

1. upload, post, e-mail or otherwise transmit any material that: constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; infringes any patent, trade-mark, trade secret, copyright, publicity, or other proprietary or privacy rights of any party; is misleading, contains sexually explicit content, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or contains any form of destructive software such as a virus, worm, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer or mobile device software, hardware or telecommunications equipment;
2. register under a false identity, impersonate any person or entity, including, but not limited to, a Luest employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. send e-mails or messages using our Services without the consent of the recipient;
4. harvest or otherwise collect or store any information (including personal information) about other users of our Services, including e-mail addresses, without the express consent of such users;
5. use any robot, spider, scraper or other automated means to access our Services and collect content for any purpose without our express written permission;
6. use the Luest platform in any way to harm, disrespect, or bully another User
7. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through our Services;
8. attempt to gain unauthorized access to our Services, other computer systems or networks connected to our Services, through password mining or any other means;
9. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
10. interfere with or disrupt networks or servers connected to our Services;
11. use, download or otherwise copy, or provide to any person or entity our Services users’ directory or other user or usage information or any portion thereof, other than in the context of your use of our Services;
12. register for more than one account or use any other measures in an attempt to gain additional credit or otherwise take advantage of the Services;
13. scam users by posting items that you don’t own or have in your possession;
14. create any false issue ticket requests;
15. allow a Booking of an item that is already confirmed by another User (double booking the Item);
16. post an Item with information that is false or misleading, including in the picture, description, condition rating, or pricing;
17. use or promote the Luest platform to promote any illegal or violent activities;
18. discriminate against any other User, including refusing to interact with another user solely based on race, gender, sexual orientation, nationality, culture, and/or religion;
19. use the Item for any illegal activities;
20. neglect Items that causes damage, loss or to get stolen during the Booking;
21. facilitate or encourage any of the above conduct.

Renters remain solely liable for any damage, loss, or theft to the item during the booking, including pay for any repairs or replacement costs. Renter agrees to indemnify and hold no harm towards luest and the Lender for any damages to rented items, third party property, as well as injuries or death arising from renter’s rental and use of the item. Renters are not covered as additional insured under luest’s insurance policy. 

Further, use of the Services to offer or procure illegal, unsafe, or other restricted goods is strictly prohibited. luest reserves the right, in its sole discretion, to refuse to provide the Services in respect of any product, including but not limited to: illicit drugs, firearms and weapons, live animals, fireworks and explosives, human body parts, and any other good that is restricted under applicable laws or that possession of which may reasonably pose a hazard to human health or safety.

We reserve the right to pre-screen, edit, limit or remove any such User Content in our sole discretion, without further notice to you. Notwithstanding, you shall remain solely responsible for any User Content you submit or post. You may be exposed to User Content that is inaccurate, incomplete or unsuitable. We will not be responsible for User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information. Any information you disclose in public areas of our Services becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.

Please use our online reporting tool to tell us about any offensive or otherwise concerning User Content that you may see on our Services so that we maintain a positive experience for all users. We may, in our sole discretion, limit or terminate our Services, remove hosted content and take any other technical and/or legal steps to ensure that all users of our Services are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.

Harm or threaten to harm users of our community, including:

• “stalk” or harass any other luest user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a luest owner or guest in accordance with these Terms; 
• engage in physically or verbally abusive or threatening conduct; 
• use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card, or account numbers;
• treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they’re from, or when they were born. Discrimination of any kind is not tolerated in the luest community;

Use the Services for your own unrelated purposes, including to:

• contact a lender for any purpose other than in relation to a booking or listing(s);
• contact a renter for any purpose other than in relation to a booking or such guest’s use of the Services;
• commercialize any content found on luest or software associated with our Services, including reviews;
• harvest or otherwise collect information about users without their and our consent;
• recruit or otherwise solicit any user to join third party services or websites that are competitive to luest, without luest’s prior written approval;

Interfere with the operation of the Services, including by:

• interfering with any other user’s listings;
• entering into a luest transaction with any other person or business, including a member of your family, household, friend, colleague, or acquaintance;
• distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm luest or the interests or property of others;
• bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
• systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
• using display mirroring or framing the Services or any individual element within the Services, luest’s name, any luest trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without luest’s express written consent;

luest reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that luest, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Services or our community. If we believe you are abusing luest, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your luest Account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

We may offer links on our Services to websites and mobile applications owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such third party services, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party services. You assume full responsibility for your use of third party services. Such services may be governed by terms and conditions different from those applicable to our Services, and we encourage you to review the terms and privacy policies of those third parties before using their services. We may also offer links to Content created by us and available on other services. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those services while you are using them.

The Services and all rights therein are and shall remain Luest’s property or the property of Luest’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Luest’s company names, logos, product and service names, trademarks or services marks or those of Luest’s licensors.

The website, Platforms, Services, and Website are provided “as is” and on an “as available” basis. luest specifically disclaims all representations, warranties, and conditions of any kind relating to the luest website, platform and the services, including but not limited to any implied warranties or conditions of merchantability or merchantable quality, satisfactory quality or fitness for a particular purpose. 

The luest Services are provided "as is" and "as available". You agree not to hold us responsible for things other users post or do. As most of the content on the Luest Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the luest Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Under no circumstances shall luest be liable for any special, incidental, indirect or consequential damages, including, without limitation, any damages that result from (a) your use of or your inability to use the luest website, platform or the services, (b) the cost of procurement of substitute goods, data, information or services, (c) errors, mistakes, or inaccuracies in any information available on the website or platform, (d) personal injury or property damage of any kind whatsoever arising from or relating to your use of the services, any bugs, viruses or other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the luest website, or (e) any dealings or transactions between you and any persons or users to whom you send or transmit any content using the services, including without limitation any products or services offered by you to such persons.

Notwithstanding anything contained in the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 7 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

You will indemnify and hold harmless luest 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 our 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.

Where permitted by law, our Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. Where permitted by law, you agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using our Services, you represent and warrant that your use complies with applicable law in your jurisdiction of residence. 

luest Photography. luest may offer lenders the option of having photographers take photographs of their items and/or lenders with their items (“Images”). You alone are responsible for using the Images in connection with your luest listing and you warrant that you will cease using the Images if they no longer accurately represent your item. You agree that luest is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or luest’s ownership or registration thereof. You acknowledge that luest may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the luest photography program, you agree that you will not use the Images in connection with sharing your items on any platform, website, or application other than luest. At luest’s request, you will execute documents and take such further acts as luest may reasonably request to assist luest to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

These Terms of Service constitute the entire agreement between you and us with respect to your use of our Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. If you wish to terminate your account with luest, you may discontinue using our Services and delete any applications or software that you may have downloaded from us. We may amend our Terms of Service by posting revisions through a link on our website, with no additional notice to you. Your continued access to and use of our Services will constitute acceptance of our amended Terms of Service. If you do not agree with our Terms of Service, or any future amendments, your sole recourse is to cease use of our Services. 

If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the luest’s Website, Platform or the Services, please contact us at: info@luest.ca 

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN OUR TERMS OF SERVICE