Kayak Rentals

Terms of Service for Kayak Rentals (VENM Inc.)

  1. Introduction and Acceptance of Terms
    1. Welcome to Kayak Rentals, a service provided by VENM Inc. (“we,” “us,” “our,” or “Company”), doing business as Kayak Rentals.com. These Terms of Service (“Terms”) govern your access to and use of our website, mobile application, and services (collectively, the “Platform”). By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the terms, you may not access or use our services.
    2. Our Platform facilitates connections between individuals or entities offering kayaks, cabins, lakefront rentals, and water experiences (“Hosts”) and those seeking to rent such items or experiences (“Renters”). We act solely as an intermediary, providing a platform for Hosts and Renters to connect and transact. By using our Platform, you acknowledge and agree that VENM Inc. is not a party to any agreements between Hosts and Renters, does not own or control any of the items or experiences listed, and disclaims all liability arising from or related to any such agreements or rentals.
    3. These Terms are a legally binding agreement between you and VENM Inc. Please read them carefully. By using our Platform, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
  2. Account Registration and Security
    1. To access certain features of our Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.
    2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You must notify us immediately of any unauthorized use of your account or any other breach of security.
    3. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel reservations at our sole discretion. If we disable your account, you agree not to create another one without our permission.
  3. Platform Use and Conduct
    1. Our Platform is intended to be used for lawful purposes only. You agree not to use the Platform:
      1. In any way that violates any applicable federal, state, local, or international law or regulation.
      2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
      3. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.
    2. Additionally, you agree not to:
      1. Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform.
      2. Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
      3. Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
      4. Use any device, software, or routine that interferes with the proper working of the Platform.
      5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
      7. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
      8. Otherwise attempt to interfere with the proper working of the Platform.
    3. Violation of these terms may result in the termination of your access to the Platform and potential legal action.
  4. Listing and Rental Process
    1. Hosts are solely responsible for creating and managing their listings on our Platform. By creating a listing, Hosts represent and warrant that they have the right to list the kayaks, cabins, lakefront properties, or water experiences for rent and that their listings comply with all applicable laws and regulations. Hosts must provide accurate, complete, and up-to-date information about their rentals, including but not limited to descriptions, availability, pricing, and any rules or restrictions.
    2. When a Renter books a listing, a rental agreement is formed directly between the Host and the Renter. VENM Inc. is not a party to this agreement and disclaims all liability arising from or related to any such rental agreements. Hosts and Renters are solely responsible for fulfilling their respective obligations under these agreements.
    3. Hosts set their own rental prices. VENM Inc. charges a service fee of 14% to Hosts and 3% to Renters for each completed transaction. These fees cover the cost of operating the Platform and providing customer support. All payments are processed through our Platform, and we remit the appropriate amount to the Host after deducting our service fee.
    4. Cancellation policies are set by Hosts and should be clearly stated in their listings. VENM Inc. reserves the right to mediate disputes between Hosts and Renters regarding cancellations and refunds but is not obligated to do so. Any refunds issued are at the discretion of the Host or VENM Inc. and will be processed through our Platform.
  5. User Content and Intellectual Property
    1. User Content: By posting content on our Platform, including but not limited to listings, reviews, and forum posts, you grant VENM Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of such content. You represent and warrant that you own or control all rights in and to any content you post and that such content does not violate these Terms or any applicable law.
    2. Intellectual Property: The Platform and its entire contents, 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 VENM Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    3. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:
      1. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
      4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  6. Disclaimers, Limitations of Liability and Indemnification
    1. General Disclaimer: KAYAK RENTALS (VENM INC.) IS SOLELY AN INTERMEDIARY PLATFORM CONNECTING HOSTS AND RENTERS. WE DO NOT OWN, CONTROL, OFFER OR MANAGE ANY LISTINGS OR RENTALS. WE ARE NOT A PARTY TO ANY RENTAL AGREEMENTS BETWEEN HOSTS AND RENTERS.THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF.
    2. We do not endorse any Hosts or Renters. You are solely responsible for determining the suitability of others who you contact or interact with through our Platform. We explicitly warn you that there are risks of dealing with people acting under false pretenses, and you assume all risks associated with using this Platform, including the risk of physical harm.
    3. We make no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to the Platform, and we assume no liability or responsibility for any: (i) Errors, mistakes, or inaccuracies of content and materials, (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform, (iii) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) Any interruption or cessation of transmission to or from the Platform, (v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (vi) Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
    4. USERS OF OUR PLATFORM ARE WARNED THAT THEY ARE RESPONSIBLE FOR THEIR OWN SAFETY AND DECISION-MAKING. RENTERS SHOULD EXERCISE CAUTION AND DUE DILIGENCE BEFORE ENGAGING IN ANY RENTAL OR ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO: – Verifying the condition and safety of all rented equipment – Ensuring they have appropriate skills and physical condition for the planned activities – Checking weather conditions and water safety information – Complying with all local laws and regulations – Using appropriate safety equipment
    5. KAYAK RENTALS (VENM INC.) IS NOT RESPONSIBLE FOR ANY ACCIDENTS, INJURIES, DEATHS, OR OTHER HARM THAT MAY OCCUR AS A RESULT OF USING OUR PLATFORM OR ENGAGING IN ACTIVITIES FACILITATED THROUGH OUR PLATFORM.
    6. IN NO EVENT WILL KAYAK RENTALS (VENM INC.), OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
    8. You agree to defend, indemnify, and hold Kayak Rentals (VENM Inc.) harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  7. Governing Law and Jurisdiction
    1. All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
    2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  8. Arbitration
    1. At Company’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
  9. Waiver and Severability
    1. No waiver by VENM Inc. of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of VENM Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
    2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  10. Changes to the Terms of Service
    1. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
  11. Entire Agreement
    1. The Terms and our Privacy Policy constitute the sole and entire agreement between you and VENM Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
  12. Contact Information
    1. This Platform is operated by VENM Inc., doing business as Kayak Rentals.com. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to : hello@kayakrentals.com
By using Kayak Rentals, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. If you do not agree to these Terms, please do not use our Platform.

Last updated: 7/24/2024
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