Terms & Conditions
1. DEFINITIONS AND GENERAL PRINCIPLES: PadInMotion, Inc. (“PadInMotion,” “we,” or “us“) provides the PadInMotion site (“the Site“) at URL: http://www.PadInMotion.com and through various other URLs via our partner companies (including but not limited to hotels, rental car companies, hospitals, travel agencies, event organizers) under this contract of terms and conditions for service and use (the “Terms“). “You“. “Customer“ are the party who signed the rental agreement and who is entitled to use the iPad including related software and content & accessories provided to you at the commencement of the rental period as “Services” provided to you by PadInMotion. “Device” is the device rented to you for the agreed duration of the rental agreement and will include all parts and accessories given to you at the commencement of the rental. PadInMotion is the owner of the equipment. You understand and agree that the Services are provided to you exclusively under these Terms. By signing below and using the Services, you acknowledge that you have read and understand the Terms and that you agree to be bound by them. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.
2. MODIFICATION TO TERMS: We may change the Terms from time to time. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.
3. MODIFICATIONS TO SERVICES: We reserve the right to modify or discontinue the Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
5. DATA; REPRESENTATION AND WARRANTY: a) You are solely responsible for data that you provide to us. When you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. b)PadInMotion reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to act on customer request, or to remove, any information or materials, in whole or in part. c) Under no circumstances will PadInMotion be liable in any way for any errors or omissions in any communication, or for any loss or damage of any kind incurred as a result of the use of any Communication e-mailed, or otherwise transmitted via the Service. When using the Service, please be certain that anything you say does not compromise your personal safety.
6. LINKS, CONTENT, APPLICATIONS, SOFTWARE a) Our provision of a link to any other site or location, content, software applications, software, is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside Web sites or their content. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, CONTENT OR LINKS FOUND ON THE DEVICE OR ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION. b) You will be solely responsible for any damage to your computer system or loss of data that results from the use of the site or device. No advice or information, whether oral or written, obtained by you from PadInMotion or through or from the PadInMotion website will create any warranty or other obligation not expressly stated in the relevant terms and conditions. Although reasonable precautions are taken to protect the security and integrity of wireless internet and network access, PadInMotion cannot guarantee that use of a wireless connection will be secure. Accordingly, you agree to use such services at your own discretion and risk and acknowledge that you are solely responsible for any damage to your computer system or loss of data that results. To the fullest extent permitted by applicable law, PadInMotion expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringment intellectual right.
7. TERMINATION. You agree that we, in our sole discretion, may terminate your use of the Services without prior notice, and remove and discard our content from the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PADINMOTIONM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. PADINMOTION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PADINMOTION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, LINK, SOFTWARE, APPLICATION, AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. PADINMOTION MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PADINMOTION OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PADINMOTION OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES PROVIDED BY PADINMOTION.
10. GENERAL. Any failure by PadInMotion to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision. Further, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms remain in full force and effect.
11. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
12. INDEMNIFICATION. . You agree to indemnify, defend and hold harmless PadInMotion, its affiliates, owners, shareholders, officers, directors, co-branders and other partners (including third-party partners to whom PadInMotion may provide your content (“Third Parties”), employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) Your Content and any information you (or anyone accessing the Services using your password) submit, post or transmit through the Services, (2) your (or access to the Services as your) use of the Services, (3) your (or access to the Services as your) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.
14. SURVIVAL. The terms of regarding limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to Our Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.
15. PREREQUISITES. You must produce a valid Identity card (such as a Drivers License) or valid passport where the rental takes place. b) PadInMotion, Inc. accepts major credit cards (Visa, MasterCard, American Express, Discover). Credit cards are accepted to the credit limits authorized by the credit card company. Debit cards, PayPal and Checks are not accepted.
16. DEPOSIT AND PAYMENT a)A credit authorization will be made and your credit card charged at the time that the device is delivered or rental period commences. b)The credit card presented must have a minimum available credit limit of $1,000 plus the expected final transaction value . c) This procedure allows PadInMotion to receive the protection of payment before the start of the rental period. It confirms that the card holder’s bank account is valid and within the available spending limit. The amount of deposit covers: i.Damaged Device, Device not returned, or theft of the Device, ii.Additional equipment(s) and services the customer has selected, iii. The expected final rental transaction amount c) The amount of deposit stays valid for the length of the rental agreement period and is expressly mentioned on the rental agreement. d) At the conclusion of the rental period, the value of the balance due to PadInMotion is calculated and the balance between the originally credited amount, and this amount is credited back to your credit card. e) The total charges for each rental will be determined according to the price list applicable at the time of rental as specified in the rental contract. If the Device has not been returned following the conclusion of the agreed rental period, you will be charged the daily rental rate of your original rental contract. f) Any additional charges associated to differences with the initial reservation period or dates, especially change in number of days of rent, damaged or not returned Device will be charged at the end of the rental period. g) When the Device is returned, the invoiced amount will be charged to the credit card provided, unless you present another credit card. h) The charge on the credit card will always be made in US$. In case of cardholder´s bank has a different currency, this will be converted afterwards according to the cardholder’s bank conditions. Any conversion charges are solely your responsibility. Similarly, PadInMotion is not responsible for any credit card processing fees or any and all charges assessed by your credit card issuer to you.
17. CONDITION. a) A description of the condition of the Device will be given to you at the same time as the rental agreement. b) Before leaving the rental location, you are required to check the condition of the Device. Where an apparent defect is found which is not already listed in the document, you must immediately inform the PadInMotion employee in the place of receipt of equipment in order to proceed with a joint-examination of the Device. In such a case, amendments must be made to the document and duly countersigned by both parties. c) If the amended document is not countersigned by both parties, the condition of the Device will be as set out in the document given to you with the rental agreement and it will be considered that you received the Device in proper working condition and in complete . d) You will return the Device in the same condition as it was provided at the start of the rental. You are responsible for any repair or refurbishment costs and these will be added to the cost of the rental. You will be continued to charged the daily rental fee for the duration of these repairs.
18. USE a) The Device must not be used by anyone other than you. b) The Device may be used only in the country where it was rented. Use in another country is forbidden. If used outside the country of rental you will be charged penalties for the use of the Device (roaming costs, etc). c) The Device may not be used under any of the following conditions or for any of the following purpose. i. Close to inflammable or dangerous goods, as well as toxic, corrosive, radioactive or other harmful substances. ii. Engaging in anything which, because of its smell or condition, harms the Device or causes PadInMotion, to lose time or money before it can rent the Device again, Re-rental to or use by other persons.iii.Illegal activities or cause damage to equipment, personnel, loss of software or violate the safety of any software or brand. iv. Intentionally committing any crime.
19. SOFTWARE a) The Device will be provided to you with loaded software and content. Any other (or additional) software, content or otherwise that you choose to load or include on the Device will be at your cost and is not included in the rental agreement. Further, you will be charged for any and all costs that are incurred by PadInMotion arising from software or content that you load, use, or include on the Device. This includes but is not limited to costs incurred from third parties including removing the software or content, or damage arising from ‘viruses’. b) You may not remove or delete any software loaded on the Device without the prior written authorization from PadInMotion. c) You may not in any way make copies of software or content that has been loaded on the Device. d) You will be liable for any criminal or civil offence committed during the rental period which relates in any way to your use of the Device, as if you were the owner of the Device. Upon the request of the Police, Sheriff or other police agency or any governmental body PadInMotion may have to transfer your personal data.
20. SUPPORT a) When the rental period begins, the Device will be fit for normal use. If it is not, or if it unfit for normal use during the rental because of any problem or accident, you must immediately inform PadInMotion by calling 1-800-566-0872 and by email at Support@PadInMotion.com b) PadInMotion will have the choice between replacing the Device or cancelling the rental. c) PadInMotion will not pay for any maintenance or purchase of accessories associated with the equipment during the rental period. The only authorized party to make this kind of work is PadInMotion. The fees and expenses of any repair undertaken by you will not be reimbursed to you. You may not engage in any type of repairs or modifications to the Device without the express written permission of PadInMotion. d) You must inform PadInMotion of all accidents, damage, problem or malfunction of the Device, even those which may already have been repaired, when you return the Device. You will remain liable for any damages to PadInMotion. e) Neither PadInMotion nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings…) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.
21. SUPPORT a) For the duration of the rental, as agreed with PadInMotion, you have the benefit of repair and assistance services. If required, these service can be contacted by calling the telephone number on the rental agreement. You may also email PadInMotion at Support@PadInMotion.com.
22. RENTAL PERIOD a) The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the Device is made available. However, a one hour grace period is applied at the end of the rental before the start of a new 24-Hour period. b) The minimum rental period is one day. One day is interpreted as a period of 24 hours. Included in this 24 hour period is the time wherein you collect and return the rental Device. Rentals of less than 24 hours will be charged a full day’s rate. c) You undertake to return the Device to PadInMotion at the agreed place, on the date and at the time indicated on the rental agreement. d) In case of you return the Device to any other location other than the agreed location you need to have written approval from PadInMotion. You may be charged additional costs in these circumstances.
23. EXTENSION OF THE ORIGINAL CONTRACT PERIOD a) Should you wish to keep the Device for a period longer than that originally set out in the rental agreement, you are must obtain written permission from PadInMotion.
24. DELIVERY AND COLLECTION TERMS a) Where PadInMotion agrees to deliver the Device or to collect the Device, you may have to pay additional charges and follow additional instructions. These will be communicated in writing at the time of reservation and represent the exclusive agreed delivery and collection terms. b) The date and start time specified when booking rental must be respected. PadInMotion´s employee delivery of the Device that will wait for you only a maximum of 35 minutes, in case of no show, the reservation is canceled and will be applied corresponding rates according to the terms and conditions. c) When you return the Device, you must complete the details of the date and time of return, and any d) other information shown on the rental document. You must also do anything else, which PadInMotion requests as a condition of agreeing to collect the Device. e) You must immediately return the Device if PadInMotion, Inc. asks you to do so. In the event that the Device is not delivered to PadInMotion according to the instructions you hereby authorize PadInMotion, to enter your premises and to do any and all other things necessary to repossess the Device. You will be liable for any costs associated with such repossession.
25. RENTAL PERIOD CONCLUSION a) The end of the rental is defined by the return of the Device to PadInMotion in accordance with the terms agreed at the initiation of the rental period . This must be done to a uniformed PadInMotion employee or identified with a PadInMotion identity card company. Under no circumstances should you give the Device to any person who you assume or who purports to be a PadInMotion employee. b) If the Device is returned without its accessories, you will be invoiced for the cost of the replacement these. c) Under no circumstances will PadInMotion accept any liability for articles that may have been left with the Device at the end of the rental.
26. CONFISCATION, THEFT, ACCIDENT, DAMAGE a) In the event of measures by third parties, including attachment, confiscation or impounding of the Device, you must immediately inform PadInMotion in writing to the following address: team@PadInMotion.com. PadInMotion will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and/or expenses associated with the above measures and for any direct, indirect, consequential damages to the Device. b) The rental agreement may be automatically terminated as soon as PadInMotion is informed of such action by the legal authorities or by you. c) Any use of the Device which may be detrimental to PadInMotion will entitle PadInMotion to automatically terminate the rental agreement with immediate effect. You will then return the Device immediately as soon as PadInMotion so requests. d) In the event of theft of the Device, the rental agreement will be terminated as soon as PadInMotion has received a copy of the theft declaration made by you to the police authorities. In this case you will be charged a fee of $1,000 that includes miscellaneous expenses incurred by PadInMotion. e) In the event of an accident that damages the Device, the rental agreement will be terminated as soon as PadInMotion has received a copy of the accident report completed by you and signed by a third party. In this case, you must pay the full repair amount of the Device as stated by PadInMotion. f) PadInMotion will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects and/or utensils transported or which are with the Device including, in particular, software and/or goods. g) Lost, stolen or damaged accessories will be charged at a rate of cost plus 15% service charge.
27. CANCELLATIONS. You may cancel the reservation without charge up to 48 hours before the rental period start date. In the case of a cancellation within 48 hours of the rental period start date, you will be charged a cancellation fee in the amount of one rental day. In cases where you fail to collect the Device on the rental start date and have failed to notify PadInMotion in advance, you will be charged 50% of the original expected transaction fee.
28. CHANGES. You may change the reservation without charge up to 48 hours before the rental start date. In the case of a change request within 48 hours of the first rental day fees will apply as follows: a) For a change to a rental period that is shorter than the original rental period, you will be charged a change fee in the amount of one full day of rental. b) For a change to a period that is longer than the orginal rental period, you will not be charged a fee.
29. REFUNDS. No refunds shall be given for rentals ended early or late collections (i.e. instances where the customer did not show up to collect the iPad).
30. GENERAL INSURANCE a) PadInMotion does not have insurance to cover the Device or against Bodily Injury and/or Property Damage that you might inflict on a third party as a result of an accident (or intentional action) involving the Device. You are responsible for 100% of the costs they may incur for these reasons.
31. RENTERS INSURANCE. PadInMotion offers theft and damage insurance to you at a rate of $1 a day and a deductible of $100. You must file and evidence a police report in cases of theft . In the case of damage, you must provide a copy of the accident report completed by you and signed by a third party.
32. APPLE ITUNES. You authorize PadInMotion to assist you in opening/creating an Apple iTunes account “AppleID”. You hereby assert that the account is yours and that PadInMotion does not have any ownership of this account. Under no circumstances does PadInMotion take responsibility for any issues arising out of content downloads from this Apple iTunes account, nor will PadInMotion under any circumstances be expected to assist you in any legal disputes with Apple, Inc. You acknowledge that any fees paid to PadInMotion in connection with content downloads are soley for the purpose of helping you to download content and do not in any way represent ownership by PadInMotion of the account or distribution of content in any way. PadInMotion does not take any responsibility for content downloaded for or by you on this iTunes account.
33. NETFLIX. You authorize PadInMotion to assist you to create an account with NetFlix, Inc. You hereby assert that the account is yours and that PadInMotion does not have any ownership of this account. Any fees charged by PadInMotion in connection with this account are soley in consideration of services provided to you to open the account. Under no circumstances does PadInMotion take responsibility for any issues arising out of content downloads from this Netflix account, nor will PadInMotion under any circumstances be expected to assist you in any legal disputes with Netflix, Inc. You acknowledge that any fees paid to PadInMotion in connection with content downloads are soley for the purpose of helping you to view content and do not in any way represent ownership by PadInMotion of the account or distribution of content in any way. PadInMotion does not take any responsibility for content downloaded for or by you on this Netflix account.
34. CONDUCT a) You undertake: i. Not to use the www.PadInMotion.com website for illegal purposes or purposes that may damage the rights of PadInMotion or third parties, and in particular, not to use the site to distribute damaging or illegal information, or information that is distasteful, discriminatory or offensive towards PadInMotion or third-parties; ii. Not to disrupt access to the www.PadInMotion.com website, access PadInMotion computer systems, modify the site, use it to transmit computer viruses, hacking attacks, computer worms, etc, or commit misdemeanours likely to be qualified as computer crimes; iii. Not to infringe any patent, trade mark, trade secret, copyright, database right or other intellectual property rights of any person or entity; iv. Not to impersonate any person or entity, including, but not limited to, a PadInMotion official, or falsely state or otherwise misrepresent your affiliation with a person or entity. If you do not comply with these obligations, PadInMotion reserves the right to immediately prohibit and block access to its website and services without damages.
35. FORCE MAJEURE a) PadInMotion shall not be liable for failure in its performance hereunder caused by any case of Force Majeure. “Force Majeure” shall be considered – as defined by the applicable regulation(s) – as any irresistible or unforeseeable event, independent of the party suffering of the case of Force Majeure, which prevents PadInMotion from fulfilling its obligations. In this case the transaction will be cancelled, and PadInMotion will refund to you the prepaid rental charge that has been collected. PadInMotion will have no further transaction obligations.