Terms and Conditions

Our legal agreement regarding services and website usage

Last Updated: March 15, 2023

Welcome to PiratSwapr ("Company", "we", "our", "us"). These Terms and Conditions govern your use of our website located at piratswapr.com (the "Site") and our sound equipment rental services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement between you and PiratSwapr regarding your use of our Services. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

2. Definitions

In these Terms, the following definitions apply:

  • "Account" means the account created by a User to access and use the Services.
  • "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
  • "Order" means a request to rent Equipment through the Services.
  • "Equipment" means the sound equipment and related items offered for rental through the Services.
  • "Rental Period" means the period during which a User has rented Equipment from the Company.
  • "User" means an individual who accesses or uses the Services.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

3. Account Registration and Use

3.1 Account Creation

To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.

3.2 Age Requirement

You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.

3.3 One Account Per User

You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.

3.4 Account Termination

We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.

4. Equipment Rental Terms

4.1 Rental Agreement

When you place an Order to rent Equipment, you are entering into a rental agreement with us. Each rental agreement is subject to these Terms and any additional terms specified in your Order confirmation.

4.2 Rental Period

The Rental Period begins when you receive the Equipment and ends when the Equipment is returned to and accepted by us. Equipment must be returned by the agreed return date and time specified in your Order. Late returns may result in additional charges as outlined in Section 5.3.

4.3 Equipment Condition

You agree to return the Equipment in the same condition as when received, normal wear and tear excepted. You are responsible for inspecting the Equipment upon receipt and immediately reporting any defects or issues to us. Failure to report issues at the time of receipt may result in you being held responsible for such defects or issues.

4.4 Proper Use

You agree to use the Equipment in a careful and proper manner, in accordance with manufacturer specifications and our instructions. You shall not make any alterations, additions, or improvements to the Equipment without our prior written consent.

4.5 No Subletting or Transfer

You may not sublet, loan, or transfer the Equipment to any other party without our prior written consent.

4.6 Equipment Location

You agree to use the Equipment only at the location specified in your Order. Moving the Equipment to a different location without our prior written consent is prohibited.

5. Payment Terms

5.1 Rental Fees

Rental fees are as specified in your Order confirmation. You agree to pay all rental fees, taxes, and other charges associated with your rental of Equipment.

5.2 Security Deposit

We may require a security deposit for certain Equipment rentals. The security deposit will be refunded to you upon the return of the Equipment in satisfactory condition, subject to deductions for any damage, missing items, or other charges as outlined in these Terms.

5.3 Late Fees

If you fail to return the Equipment by the agreed return date and time, you will be charged additional rental fees based on our standard daily rates, plus any applicable late fees as specified in your Order confirmation.

5.4 Damage or Loss

You are responsible for any damage to or loss of the Equipment during the Rental Period, regardless of cause. In the event of damage or loss, you agree to pay the cost of repair or replacement, as determined by us. These costs may be deducted from your security deposit, if applicable, and you will be responsible for any remaining balance.

5.5 Payment Methods

We accept payment via credit card, bank transfer, or other methods as specified at the time of Order. By providing a payment method, you authorize us to charge that payment method for all fees associated with your rental of Equipment.

6. Cancellation and Modification Policy

6.1 Order Cancellation

You may cancel an Order subject to the following conditions:

  • Cancellations made 7 or more days before the rental start date: Full refund minus a 10% administrative fee.
  • Cancellations made 3-6 days before the rental start date: 50% refund.
  • Cancellations made 0-2 days before the rental start date: No refund.

6.2 Order Modifications

Requests to modify an Order (e.g., changing rental dates, adding or removing Equipment) must be submitted at least 3 days before the rental start date. Modifications are subject to availability and may result in changes to your rental fees. We reserve the right to decline modification requests.

6.3 Our Right to Cancel

We reserve the right to cancel or modify your Order at any time before or during the Rental Period if:

  • You have violated these Terms
  • You have provided false or misleading information
  • The Equipment is not available due to unforeseen circumstances
  • We have reason to believe the Equipment may be used for illegal purposes or in a manner that could damage or destroy the Equipment

In the event we cancel your Order before the rental start date, you will receive a full refund of any fees paid. If we cancel during the Rental Period, you will receive a prorated refund for the unused portion of the Rental Period.

7. Liability and Equipment Damage

7.1 Risk of Loss

You assume all risk of loss, theft, damage, or destruction of the Equipment during the Rental Period. Your responsibility begins when you or your representative receives the Equipment and ends when the Equipment is returned to and accepted by us.

7.2 Insurance

You are responsible for maintaining insurance coverage for the Equipment during the Rental Period. The insurance should cover the full replacement value of the Equipment against all risks of physical loss or damage. We may request proof of insurance before releasing Equipment to you.

7.3 Damage Assessment

Upon return of the Equipment, we will inspect it for damage. If damage is found, we will notify you within 48 hours and provide an estimate of repair or replacement costs. You will have the opportunity to inspect the damage within 72 hours of notification.

7.4 Repair or Replacement Costs

If the Equipment is damaged, lost, or stolen during the Rental Period, you agree to pay for:

  • The cost of repairs if the Equipment is repairable
  • The full replacement cost if the Equipment is lost, stolen, or damaged beyond repair
  • Continued rental fees until the Equipment is repaired or replaced

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services and all Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or business purposes.

8.3 Restrictions

You may not:

  • Copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Content from the Services without our prior written consent
  • Delete or alter any copyright, trademark, or other proprietary rights notices from the Services or any Content
  • Access or use the Services for any commercial purpose other than as permitted under these Terms
  • Attempt to decompile, reverse engineer, disassemble, or hack the Services, or defeat or overcome any encryption technology or security measures implemented by us

8.4 Trademark Notice

PiratSwapr, the PiratSwapr logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without our prior written consent.

9. User Content

9.1 User Content License

By posting, uploading, publishing, submitting, or transmitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services.

9.2 User Content Representations

You represent and warrant that:

  • You own or have the necessary rights to the User Content you post
  • The User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity
  • The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

9.3 User Content Monitoring

We do not control, and have no obligation to monitor, User Content. However, we reserve the right to review, remove, or modify User Content at our sole discretion.

10. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any local, state, national, or international law
  • Using the Equipment for any illegal purpose or in a manner contrary to manufacturer specifications or our instructions
  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services
  • Uploading viruses, malware, or other malicious code that may affect the operation of the Services
  • Collecting or harvesting any personally identifiable information from the Services
  • Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Interfering with any other user's enjoyment of the Services
  • Using the Services to send unsolicited or unauthorized advertising or promotional materials

11. Termination

11.1 Termination by You

You may terminate your Account and these Terms at any time by contacting us and ceasing all use of the Services. Termination of your Account does not relieve you of any obligation to pay any outstanding fees or charges.

11.2 Termination by Us

We may terminate or suspend your Account and these Terms immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

11.3 Effect of Termination

Upon termination of these Terms:

  • All rental agreements in effect at the time of termination will continue until the end of their respective Rental Periods, unless terminated earlier as provided in these Terms
  • You must return any Equipment in your possession
  • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

12. Disclaimer of Warranties

THE SERVICES AND EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE EQUIPMENT IS IN GOOD WORKING CONDITION, WE MAKE NO WARRANTY THAT THE EQUIPMENT WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, EQUIPMENT, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or Equipment, including, but not limited to, any use of the Services' Content other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

15. Dispute Resolution

15.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Czech Republic, without giving effect to any choice or conflict of law provision or rule.

15.2 Informal Dispute Resolution

Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at legal@piratswapr.com. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days of submission, you or the Company may bring a formal proceeding.

15.3 Formal Dispute Resolution

Any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Czech Rules of Arbitration in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of the arbitration shall be Prague, Czech Republic. The arbitral proceedings shall be conducted in English.

15.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Site before the changes become effective. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

It is your responsibility to review these Terms periodically for changes. If you do not agree to the new Terms, you must stop using the Services.

17. Contact Information

If you have any questions about these Terms, please contact us at:

PiratSwapr

4 Murphy Corner West, Bruce, CH45 6UP

Email: legal@piratswapr.com

Phone: +443990219346