Terms of Service

By accessing and using the LOCAM platform (hereinafter "the Platform", "we", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our service.

1. Acceptance of Terms

By creating an account, accessing, or using the LOCAM Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service as well as our Privacy Policy. These terms apply to all users of the Platform, including equipment owners, renters, visitors, and any other person who accesses or uses the service.

2. Eligibility and Registration

2.1 Minimum Age

You must be at least 18 years old and have the legal capacity to contract in your jurisdiction to use the LOCAM Platform. By using our service, you represent and warrant that you meet these requirements.

2.2 Account Creation

To use certain services on the Platform, you must create an account. You agree to:

• Provide accurate, complete, and up-to-date information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Be responsible for all activities that occur under your account
• Immediately notify LOCAM of any unauthorized use of your account

2.3 Identity Verification

LOCAM reserves the right to verify user identities and may require additional identification documents for certain services or transactions.

3. Service Description

LOCAM is an audiovisual equipment rental platform that connects equipment owners (hereinafter "Owners") with people wishing to rent such equipment (hereinafter "Renters"). LOCAM acts solely as an intermediary and does not own, store, or transport any equipment.

4. Accounts and User Responsibilities

4.1 Owner Accounts

As an Owner, you agree to:

• Provide accurate and complete descriptions of your equipment
• Post real and recent photos of the equipment
• Maintain your equipment in good working condition
• Respect agreed pickup and return times
• Respond promptly to rental requests
• Comply with all applicable laws and regulations

4.2 Renter Accounts

As a Renter, you agree to:

• Use the equipment only for intended purposes and in a reasonable manner
• Respect agreed rental conditions
• Return the equipment in the condition in which you received it (normal wear excepted)
• Immediately report any damage or problems
• Respect agreed pickup and return dates and times

4.3 General Prohibitions

You agree not to:

• Use the Platform for illegal or unauthorized purposes
• Violate the intellectual property rights of others
• Post false information or misleading advertising
• Harass, intimidate, or threaten other users
• Use robots, scripts, or other automated means to access the Platform
• Attempt to gain unauthorized access to the Platform or its systems
• Transfer your account to a third party without authorization

5. Transactions and Payments

5.1 Rental Process

Rentals are made directly between Owners and Renters. LOCAM facilitates the transaction but is not a party to the rental contract.

5.2 Payments

• Payments are processed securely via Stripe
• Prices are displayed in Canadian dollars (CAD)
• LOCAM service fees are clearly indicated before confirmation
• Refunds are subject to our cancellation and refund policy

5.3 Fees and Commissions

LOCAM may charge service fees on transactions. These fees are clearly communicated before finalizing any transaction.

5.4 Taxes

Users are responsible for paying all applicable taxes on their transactions, in accordance with Canadian tax laws.

6. Cancellations and Refunds

6.1 Cancellation Policy

Cancellations are governed by our detailed Cancellation Policy, available on the Platform. Refunds are calculated according to cancellation deadlines and may be subject to fees.

6.2 Cancellations by Renter

• Cancellations made more than 48 hours before the start of the rental are generally 100% refunded
• Cancellations made between 24 and 48 hours before the start may be subject to fees
• Cancellations made less than 24 hours before the start may result in additional fees

6.3 Cancellations by Owner

If an Owner cancels a confirmed reservation, the Renter will receive a full refund and LOCAM may take disciplinary action against the Owner.

7. Liability and Warranties

7.1 Limitation of Liability

LOCAM acts solely as an intermediary. We do not guarantee:

• The quality, safety, or legality of listed equipment
• The accuracy of descriptions or photos provided by Owners
• Users' ability to complete transactions
• Continuous or uninterrupted availability of the Platform

7.2 Warranty Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". LOCAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 Financial Liability Limitation

TO THE EXTENT PERMITTED BY LAW, LOCAM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT OF FEES YOU HAVE PAID US IN THE PAST 12 MONTHS.

7.4 User Responsibility

Owners and Renters are responsible for:

• All damage caused to equipment during the rental
• Any loss or theft of equipment
• Any injury or damage resulting from equipment use
• Compliance with all applicable laws and regulations

8. Insurance and Protection

8.1 Recommended Insurance

LOCAM strongly recommends that Owners and Renters obtain appropriate insurance to cover their equipment and rental activities.

8.2 LOCAM Protection

LOCAM may offer certain limited protections under its protection program, subject to applicable terms and limitations.

9. Intellectual Property

9.1 LOCAM Content

All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of LOCAM or its content suppliers and is protected by Canadian and international copyright laws.

9.2 User Content

By posting content on the Platform, you grant LOCAM a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content.

10. Dispute Resolution

10.1 Mediation

In case of disputes between users, LOCAM may facilitate mediation. However, LOCAM is not obligated to resolve disputes and is not responsible for outcomes.

10.2 Arbitration

Any dispute not resolved through mediation may be submitted to arbitration under the rules of the Canadian Commercial Arbitration Association.

10.3 Governing Law

These Terms of Service are governed by the laws of the Province of Quebec, Canada, without regard to its conflict of law principles.

11. Suspension and Termination

11.1 Termination by User

You may terminate your account at any time by contacting us or using the termination features available on the Platform.

11.2 Termination by LOCAM

LOCAM reserves the right to suspend or terminate your account and access to the Platform immediately, without notice, for any reason, including but not limited to:

• Violation of these Terms of Service
• Fraudulent or suspicious activity
• Non-payment of due fees
• Behavior that could harm LOCAM's reputation or other users

12. Modification of Terms

LOCAM reserves the right to modify these Terms of Service at any time. Significant changes will be communicated by email or notification on the Platform. Your continued use of the Platform after the publication of changes constitutes your acceptance of the new terms.

13. General Provisions

13.1 Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and LOCAM regarding the use of the Platform.

13.2 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

13.3 Assignment

You may not assign or transfer your rights or obligations under these terms without LOCAM's prior written consent.

13.4 Force Majeure

LOCAM will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control.

14. Contact and Legal Information

The LOCAM website (locam.ca) is the exclusive property of KABATIS (kabatis.com). All rights to the site, including intellectual property rights, copyrights, trademarks, and all other associated rights, belong to KABATIS.

The management, operation, and administration of the LOCAM website are carried out by KABATIS. The site lead is Gladston Aristoverne.

For any questions, requests, or complaints regarding these Terms of Service, site ownership, or any other legal matter:

• Email: info@kabatis.com
• Website: https://www.locam.ca/contact

By using the LOCAM Platform, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.