Terms And
Conditions
Platform terms for renters and equipment owners. Read carefully before using the platform or booking.
Part I – General
1. Acceptance and scope
Welcome to U-Dig It. These Terms and Conditions ("Terms") govern your use of the website, platform, and services operated by U-Dig It Rentals Inc. ("Platform," "we," "us," or "our"). By accessing or using our platform, you agree to these Terms. If you do not agree, you may not use our services. The platform connects equipment owners ("Owners") with renters ("Renters") for equipment rental. The rental agreement for each booking is between the Renter and the Owner; the Platform is an intermediary and is not a party to that rental. The Platform operates in Canada; availability and services may vary by region.
2. Definitions
- "Platform" means the website (udigit.ca), mobile applications (iOS and Android), and services operated by U-Dig It Rentals Inc.
- "User," "you," or "your" means any individual or entity using the Platform.
- "Renter" means a User who books or rents equipment through the Platform.
- "Owner" means a User who lists equipment for rent on the Platform.
- "Listing" means an equipment listing created by an Owner, including rates, availability, and policies.
- "Booking" means a reservation or rental of equipment made through the Platform.
- "Rental Agreement" means the contract (including any digital contract and Equipment Rider) governing a specific rental between a Renter and an Owner.
- "Equipment Rider" means the equipment-specific terms (insurance, operating limits, return condition, etc.) that may be incorporated into a Rental Agreement where applicable, as provided in the booking flow.
- "Guest" means a User who books or uses the Platform without creating an account; a Guest has the same obligations as a Renter under these Terms.
No agency
The Platform is not an agent, representative, or partner of any Renter or Owner. Owners are independent contractors and are not employees, agents, joint venturers, or partners of the Platform. We have no authority to bind any User. All rental agreements are solely between Renter and Owner.
3. Eligibility
To use the Platform you must:
- Be at least 21 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity and authority to enter into contracts
- Provide accurate account and contact information
- Comply with all applicable laws
Additional eligibility requirements for Renters (e.g. insurance, payment method) are in Part II. Additional requirements for Owners (e.g. verification, payout setup) are in Part III.
4. Account security and responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized use.
Your account is personal to you and may not be transferred to any other person or entity.
You may close your account at any time through your account settings or by contacting us. Termination does not affect obligations arising before termination.
We may terminate accounts that have been inactive for two (2) years or more without prior notice.
5. Acceptable use
You must not:
- Use the Platform for any illegal purpose or in violation of any laws
- Misrepresent your identity or any listing or booking
- Harass, abuse, or harm other Users or our staff
- Scrape, automate access, or overload our systems without permission
- Circumvent any security or access controls
- Use any domain name, social media handle, trade name, or branding that is confusingly similar to our trademarks or the Platform name without our prior written consent
- Request, make, or accept a booking or payment outside the Platform to avoid fees or for any other reason
6. Intellectual property
All Platform content (text, logos, images, software) is owned by U-Dig It Rentals Inc. or its licensors and may not be copied or used without permission.
User content
When you provide content through the Platform (including reviews, ratings, comments, photos, listing descriptions, logos, or other materials), you grant U-Dig It Rentals Inc. a non-exclusive, worldwide, royalty-free licence to use, store, copy, display, and promote that content in connection with operating and promoting the Platform. You represent that you own or have the right to provide such content and that it does not infringe any third-party rights.
Reviews and ratings are not verified by us for accuracy and may be incorrect or misleading. We do not endorse any review, User, Listing, or equipment.
Reviews must be accurate and not defamatory. We may remove reviews that violate these Terms, contain false or misleading information, or are otherwise inappropriate.
7. Privacy and data
Your personal information is handled as described in our Privacy Policy and Cookies policy. We may share information with Owners and Renters as needed to complete bookings (e.g. contact details, delivery address). We do not sell your data to third parties for marketing. For how we collect, use, and share information in connection with SMS, see our Privacy Policy and the SMS and text messaging section below. For data retention and your rights to access or delete your data, see our Privacy Policy.
8. Third-party services
We use third-party services (e.g. Stripe for payments, SendGrid for email, Twilio for SMS, Supabase for data). Your use of those services may be subject to their terms and privacy policies. For SMS, see the SMS Terms below.
The Platform may contain links to third-party websites or services. We are not responsible for their content, terms, or practices. Links are not endorsements.
Mobile app
Our Platform is available as mobile applications for iOS and Android. Use of the mobile app is subject to these Terms. The app may cache content (e.g. equipment listings, booking details) on your device to support offline or limited-connectivity use. You are responsible for ensuring that any cached data on your device is kept secure. Our apps are distributed through the Apple App Store and Google Play; your download and use may also be subject to their terms and policies. We do not control app store billing, refunds, or distribution.
Push notifications
When you use our mobile app, you may receive push notifications for booking updates, reminders, and other transactional messages. Push notifications are optional; you can enable or disable them through our Notification settings or your device settings. By enabling push, you consent to receive these messages. We use third-party services (Firebase Cloud Messaging, Apple Push Notification service) to deliver push notifications; their terms and privacy policies apply. We do not use push for marketing unless you have separately opted in. You may disable push at any time without affecting your use of other Platform features.
SMS and text messaging
By opting in to receive text messages from U-Dig It Rentals Inc. ("SMS Service"), you accept these SMS terms, understand that we will handle your personal information as described in our Privacy Policy, and agree to resolve disputes as described in these Terms.
Consent and authorization. When you opt in (e.g. by checking a box during booking, in your profile settings, or by otherwise consenting), you:
- Confirm that you are the current subscriber or authorized customary user of the mobile number you provide
- Consent to receive automated text messages from us, including transactional messages (e.g. booking confirmations, reminders, delivery updates) and, if you have opted in to marketing, promotional messages
- Understand that message and data rates may apply (standard message and data rates may apply)
- Agree that opting in is not a condition of purchase
How to opt out. You may withdraw consent at any time by: replying STOP to any message; texting HELP for assistance or to opt out; updating your preferences in Notification settings or your manage booking page; or contacting us at legal@udigit.ca or +1 (506) 799-2826.
Message frequency. Message frequency varies. Transactional messages are sent as needed for your booking (e.g. confirmation, reminders, status updates). Marketing messages, if you opt in, are sent periodically.
Carrier and delivery. We use reasonable commercial efforts to deliver messages. We and wireless carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and network. For help, text HELP in response to any message or contact customer support.
Electronic signatures
You agree that electronic signatures (including via the Platform's signing tools) are valid, legally binding, and equivalent to handwritten signatures to the extent permitted by applicable law.
Informational content
Content on the Platform (including blog posts, FAQs, guides, checklists, and downloads) is for general information only and does not constitute legal, financial, safety, or professional advice. Do not rely on it as such. See our Disclaimer for more detail.
Promotions (general)
Promotions (e.g. spin-to-win, contests) are subject to their specific rules (e.g. spin-to-win terms, contest rules). We do not guarantee prize availability, eligibility, or outcome. Participation is at your own risk. Our liability in connection with any promotion is limited as set out in section 9 (Limitation of liability) and we are not responsible for third-party failures (e.g. technical or fulfilment).
Force majeure
We are not liable for failure or delay in performing our obligations due to causes beyond our reasonable control (e.g. natural disaster, pandemic, war, terrorism, labour disputes, government action, utility or communications failure, or payment-processor or third-party service failure).
Time limit for claims
Claims against U-Dig It Rentals Inc. Any claim or dispute against U-Dig It Rentals Inc. arising from these Terms or your use of the Platform must be brought within one (1) year of the date the claim arose or the basis for it became known (or could reasonably have been known) to you, or it is permanently barred.
Claims against Owner. Any claim against an Owner arising from or relating to a rental must be brought within one (1) year of the date of equipment return or the date of the event giving rise to the claim, whichever is earlier, or it is permanently barred.
9. Limitation of liability
The Platform is provided "as is." We are an intermediary connecting Renters and Owners. We are not liable for the acts or omissions of Owners or Renters, or for the condition, safety, or availability of equipment. To the maximum extent permitted by law:
- We exclude indirect, incidental, special, consequential, exemplary, punitive, and economic damages; lost profits; business interruption; loss of data or goodwill.
- Our total liability to you for any claim arising from these Terms or your use of the Platform is limited to the greater of (a) the fees we received from you in the 12 months before the claim, or (b) 100 CAD.
These limitations apply even if we have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, statute, or otherwise).
Warranties disclaimed
Except as expressly stated in a written agreement signed by us, the Platform and all services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted, error-free, or secure operation.
Any reference to a User, Listing, or equipment as "verified" or similar indicates only that a verification or identification process has been completed and does not guarantee identity, suitability, safety, or conduct.
We do not endorse any User, Listing, or equipment. References to "verified" or similar do not imply endorsement.
10. Indemnity
You agree to defend (at our option), indemnify, and hold harmless U-Dig It Rentals Inc. and its officers, directors, and employees from any claims, damages, or costs (including reasonable legal fees) arising from your breach of these Terms, your use of the Platform, your rental or listing of equipment, your interaction with any User, or any injury, loss, or damage arising from a rental or use of equipment, except to the extent caused by our gross negligence or wilful misconduct.
11. Governing law and jurisdiction
These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein.
Disputes involving U-Dig It Rentals Inc. Any claim, dispute, or controversy arising out of or relating to these Terms, the Platform, or your use of the Platform, to which U-Dig It Rentals Inc. is a party, shall be subject to the exclusive jurisdiction of the courts of the Province of New Brunswick, sitting in the judicial district of Saint John, and you irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue therein.
Disputes between Renter and Owner. Disputes arising from or relating to a rental (including but not limited to equipment condition, delivery, charges, damage, or breach of the Rental Agreement) are solely between the Renter and the Owner. Such disputes may be brought in the courts of the jurisdiction in which either party resides or carries on business, or in any other court of competent jurisdiction, as permitted by applicable law. The Platform is not a party to such disputes and has no obligation to participate in or resolve them.
Class action waiver
To the fullest extent permitted by applicable law, you and we each waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative or consolidated proceeding. This waiver does not apply to residents of Québec where prohibited by law.
12. Severability; entire agreement; amendments
If any part of these Terms is held unenforceable, the rest remains in effect. These Terms, together with the Privacy Policy, any Equipment Rider, and any booking-specific terms you accept, constitute the entire agreement between you and us regarding the Platform.
We may update these Terms at any time. The updated version will be posted with a new effective date. For material changes, we will provide notice at least 30 days before the effective date (e.g. by email or platform notification). If you do not agree with the revised Terms, you may terminate your account before the effective date. Continued use of the Platform after the effective date constitutes acceptance.
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision unless we acknowledge and agree to it in writing.
You may not assign or transfer these Terms or your rights or obligations without our prior written consent. We may assign or transfer these Terms or our rights or obligations without restriction.
Unless specified otherwise, notices under these Terms may be given by email, platform notification, push notification (where you have enabled them in our mobile app), SMS (where you have opted in), or other electronic means to the contact information you provide for your account.
Survival
Sections that by their nature should survive (including Limitation of liability, Indemnity, Governing law, and this Survival) will survive termination of your account or these Terms.
13. Contact information
U-Dig It Rentals
945 Golden Grove Road, Saint John, NB E2H 2X1, Canada
Phone: +1 (506) 799-2826
Email: legal@udigit.ca
Part II – For renters
14. Use of platform to search and book
You may use the Platform to search for equipment and make bookings. We do not guarantee availability of any listing. Listings are created by Owners. We do not verify the accuracy, completeness, or legality of listings. You rely on Owner representations at your own risk. We are not liable for any listing content or Owner conduct.
Guest users
If you use the Platform as a guest (without creating an account), you are still bound by these Terms as a Renter. You must provide accurate contact information and are responsible for all activity under the contact details you provide.
15. Relationship: renter and owner
The rental contract for each booking is between you (the Renter) and the Owner. The Platform is not a party to that contract. We facilitate the booking, payment, and contract-signing process but do not assume the obligations of either the Renter or the Owner under the rental.
For any conflict between these Terms and a signed Rental Agreement (including any Equipment Rider), the Rental Agreement controls for that rental.
You are responsible for your own acts and omissions and for the acts and omissions of anyone you allow to operate or use the equipment. You must ensure that any such person meets the requirements of the listing and the Rental Agreement.
16. Booking process
The booking process typically includes: selecting equipment and dates; submitting a booking request; providing a payment method (card verification may involve a temporary hold that is voided); paying the amounts due; signing the Rental Agreement and any Equipment Rider; and, if required by the listing, uploading proof of insurance (e.g. Certificate of Insurance) or completing identity or licence verification (e.g. via third-party services) before the rental starts. You must provide accurate information and comply with any verification requirements. You must complete all steps required by the listing and the Platform to confirm your booking.
Payment is processed via Stripe. A security hold (e.g. a percentage of the total or a fixed amount as shown at checkout) may be placed on your card before the rental start (e.g. 48 hours before) and released after the equipment is returned and inspected, in accordance with the listing and our payment policies.
If you have an outstanding balance, you must pay by 48 hours before rental start or your booking may be cancelled.
17. Payment terms
You pay the amounts shown at checkout (rental, fees, taxes) in CAD. Refunds are governed by the cancellation policy that applies to your booking (see below). Chargebacks or payment disputes may result in suspension of your account and collection action. You authorize us and our payment processor to charge your payment method in accordance with your booking and these Terms.
Payment processor
Payment processing is performed by third parties (e.g. Stripe). Disputes about charges, holds, or refunds that are attributable to the processor are between you and the processor. We are not liable for processor errors, outages, or delays except as required by applicable law.
18. Cancellations and refunds
The following cancellation policy applies to all bookings made through the Platform unless the listing or booking confirmation specifies a different policy:
- 7+ days before rental start: Free cancellation, full refund.
- 48 hours to 7 days before rental start: 50% cancellation fee; 50% refund.
- Less than 48 hours before rental start: No refund.
- After rental has started: No refund.
The policy above applies when you cancel your booking. Cancellation fees are calculated on the base rental amount (subtotal plus applicable taxes). Service and payment-processing fees are non-refundable when you cancel. Refunds are processed to the original payment method within 5–10 business days.
Owner-initiated cancellations result in a full refund to the Renter (you receive everything you paid back). We are not liable for Owner cancellation or changes.
19. Rental period; delivery and pickup
The rental period, delivery or pickup arrangements, and any delivery fees are set by the Owner and shown on the listing and in your booking. The Platform is not responsible for delivery or pickup; that is between you and the Owner. You must provide safe and accessible access for delivery/pickup where applicable.
Requested times and site contact. Any requested delivery or pickup times and any site contact name or phone number you provide are for convenience only. The Platform does not guarantee that requested times will be met or that site contact information will be used. The Platform is not responsible for delivery or pickup coordination, scheduling, or any failure of the Owner or you to meet at the agreed time or location. All coordination is solely between you and the Owner.
Renter coordination failure. If you fail to coordinate proper receipt or return of the equipment (including but not limited to failure to be available for delivery, failure to be available for pickup, or failure to make the equipment available for return at the agreed time and location), you may be held responsible for delivery fees, a full day's rental or additional rental days, or other charges. The application of any such charges shall be at the Owner's sole discretion. The Platform is not responsible for any coordination failures or resulting charges.
20. Deposits and holds
The security deposit or hold amount is shown at checkout and may be a percentage of the total (e.g. 30%) or a fixed amount as set by the Owner or Platform. It may be applied toward unpaid fees, damage, late return, or cleaning as set out in the Rental Agreement. Any remainder is released after return and inspection in accordance with our and the Owner's policies.
21. Equipment condition, fuel, cleaning, damage
You must return the equipment in the condition required by the Rental Agreement and listing (e.g. refuelled, cleaned, no damage beyond normal wear). Damage waivers, cleaning fees, and refuelling terms vary by listing and are set by the Owner; the Platform does not guarantee waiver coverage. You are responsible for damage or loss caused by your use, except as covered by any applicable waiver or insurance.
Inspection on receipt
You must inspect the equipment at the time of delivery or pickup and report any defects or non-conformity to the Owner within 24 hours (or as stated in the Rental Agreement). Unless you report within that period, you are deemed to have accepted the equipment in its delivered condition.
22. Insurance
If the listing or Rental Agreement requires proof of insurance (e.g. Certificate of Insurance with specified liability and equipment coverage), you must provide it before the equipment is released. Requirements (limits, additional insured, loss payee, etc.) are set by the Owner or in the Equipment Rider. The Platform does not verify the adequacy of any Certificate of Insurance; you and the Owner are responsible for ensuring requirements are met. For guidance on obtaining coverage, see our FAQ (Insurance & Liability).
Any damage waiver or similar optional product offered by an Owner is not a substitute for liability or property insurance where required.
Assumption of risk and release
Assumption of risk. Operating or being near heavy equipment involves inherent risks, including serious injury, death, and property damage. By using the Platform to rent equipment and by operating or using the equipment, you voluntarily assume all such risks. You represent that you are competent and legally permitted to operate the equipment (including any required licences or certifications). You agree to comply with all applicable safety laws, manufacturer instructions, and the Rental Agreement and Equipment Rider. For more detail, see our Disclaimer.
To the maximum extent permitted by law, you release U-Dig It Rentals Inc. and its officers, directors, and employees from any and all claims, damages, or liability arising from or related to the condition, use, operation, or delivery of equipment, except to the extent caused by our gross negligence or wilful misconduct.
23. Safety and prohibited use
You must operate equipment safely and in accordance with the Rental Agreement and any Equipment Rider. Where the listing or Rental Agreement requires it, you must comply with utility locate or call-before-you-dig requirements before excavation or ground disturbance. You must not:
- Operate under the influence of alcohol or drugs
- Sublease or transfer the equipment without the Owner's written consent
- Use the equipment in a manner that violates law or the agreement
24. Disputes with owner
Disputes about a rental (condition, delivery, charges, etc.) are between you and the Owner. We may help facilitate communication but have no obligation to resolve the dispute or to favour either party. Chargebacks through your card issuer may result in account suspension and collection efforts.
You agree to cooperate in good faith with any dispute, damage report, or insurance claim investigation, including by providing information and documents we reasonably request.
25. Complaints and support
For platform support (e.g. account, payment, or booking issues), contact us using the details in section 13. For rental-specific issues (e.g. equipment, delivery), contact the Owner first using the contact information provided in your booking.
Part III – For equipment owners
26. Listing equipment
You must ensure that your listings are accurate and complete (description, rates, availability, location, policies). You must not list prohibited content or equipment that you are not authorized to rent. We may remove or suspend listings that violate these Terms or that we reasonably consider harmful to Users or the Platform.
You are responsible for complying with all laws applicable to your business and equipment (e.g. safety, registration, insurance).
27. Rates, availability, and policies
You set your own rates, availability, cancellation policy, deposit requirements, and other listing terms. These must be clearly stated on the listing and will form part of the agreement with the Renter. You must honour the terms shown at the time of booking unless otherwise agreed with the Renter or allowed by the Platform.
28. Bookings: acceptance and fulfillment
When a Renter books your equipment through the Platform, you are responsible for fulfilling the rental (e.g. delivery or pickup, equipment condition, support) in accordance with the listing and the Rental Agreement. You must communicate with the Renter as needed and must not cancel except as allowed by your policy or in exceptional circumstances. Repeated cancellations or failure to fulfill may result in suspension.
Delivery and pickup coordination. You are responsible for coordinating delivery and pickup with the Renter. Requested times and site contact information provided by the Renter are for convenience only; the Platform is not responsible for coordination. If the Renter fails to coordinate proper receipt or return of the equipment (including but not limited to failure to be available for delivery, failure to be available for pickup, or failure to make the equipment available for return at the agreed time and location), the Renter may be held responsible for delivery fees, a full day's rental or additional rental days, or other charges. The application of any such charges shall be at your sole discretion. The Platform is not responsible for any coordination failures or resulting charges.
29. Payouts and fees
Payouts for completed rentals are made in accordance with the Platform's payout schedule and method (e.g. via Stripe Connect). The Platform may deduct fees (e.g. service or commission) as disclosed to you at signup or in your owner dashboard. You are responsible for any taxes on your income. Failure to comply with payout or tax requirements may result in suspension or termination of your account.
Payouts and payment processor
Payouts are processed by third parties (e.g. Stripe Connect). We are not liable for delays, holds, or account restrictions imposed by the payout provider. Your relationship with the payout provider is governed by their terms.
30. Insurance and compliance
You must maintain any insurance required by law or by the Platform for your equipment and operations. You must ensure equipment is safe and in good working order and that you comply with all applicable safety and regulatory requirements. We may require proof of insurance or compliance from time to time.
31. Suspension and removal
We may suspend or remove your account or listings if you breach these Terms, if we receive serious complaints, or if we reasonably believe that your continued use poses a risk to Users or the Platform. We may also suspend payouts pending resolution of disputes or investigations.
32. Relationship with renters
You are solely responsible for the rental and for your conduct toward Renters. The Platform is not liable for your acts or omissions, and Renters may hold you responsible for breach of the Rental Agreement or for harm caused by the equipment or your actions.
Questions?
Contact us for clarification on any terms or requirements. We're here to help.