CONDITIONS FOR USE OF WEDIO
These conditions (hereinafter referred to as “Terms”) govern the access to and use of the platform and options (hereinafter referred to as the “Services”) provided by Wedio ApS (DK39462419), Nørre Allé 70A, 1., 8000 Aarhus C, Denmark (hereinafter referred to as "Wedio") makes available to its members. Members are then referred to as "you", "your", "yours" etc.
Your access to and use of the Services can only be done with your prior consent. It is important that you read these terms before using the services.
Additional terms apply to partial services, cf. separate section below, and you will need to accept such special terms before usage. In addition to these Terms, additional terms apply and in the event of any discrepancy, the Additional Terms shall prevail over these Terms.
These terms and additional terms may be unilaterally changed by Wedio. You will be notified at the next login to the Services, and by continuing to use the Services after such information, you automatically accept the changes. Information can also be sent via email or other contact information you may have provided.
The services constitute a technology platform that allows members via shared economy to utilize individual assets through periods of time when the lender does not have to use the asset himself. In this connection, In this regard, it is made clear that Wedio only mediates contact between the members, as the members themselves arrange and plan the use/lease/loan of one or more assets (hereinafter called a "final agreement"). Any final agreement is entered into without any responsibility for Wedio, be it in relation to the content and terms of the agreement, deficiencies and complaints thereafter.
All information regarding assets offered through the Services is solely based on information from the member offering the assets for sharing and Wedio assumes no obligation to review the individual members' profiles and assets listed for sharing.
Services are provided as a limited, non-exclusive, revocable, non-transferable license. The license includes access to and use of the applications provided by Wedio.
You may not modify the content, circumvent the system or remove any copyright, trademark or other proprietary notices from any part of the Services, reproduce, distribute, license or otherwise exploit and utilize the Services except as expressly permitted for the purposes set out above.
The services are made available as-is; this means that Wedio does not guarantee that the Services or any part thereof will operate on specific hardware or devices. No specific uptime is guaranteed and you must provide the necessary protection against viruses, malware, etc. yourself, as Wedio will implement the necessary and reasonable protection of data and system in the software and on the hardware Wedio uses.
There is no compensation for malfunctions and delays.
You must create a member account and in this regard provide the information Wedio may require from time to time. You must be at least 18 years old and Wedio may require ID verification with a valid photo ID. Account registration requires that you submit certain personal information as well as at least one valid payment method (either a credit card or an accepted payment partner). You are responsible for updating the data at all times, which must be done via your personal member site.
When you want to register as a member, you will be asked to provide personal member data regarding, among other things, name, address, email, telephone number, etc. As a member, you therefore expressly consent to this information being processed, stored and disclosed by Wedio to our affiliates, cf. the section on Third Party Services and Content.
The Services may not be used by persons under the age of 18 and you may not entrust the use to others.
WEDIO GLOBAL COVERAGE
Disclaimer: Wedio is not an insurance provider or in any other way comparable with an insurance provider, broker, or agent. In order for you to be covered under the Wedio Global Coverage, you must comply with all of the terms and obligations stated in Wedio's Terms and Conditions.
If a Renter or Lender fail to comply with the Terms and Conditions, the non-compliant party may be held liable for the full responsibility for damage, theft and/or loss of Listing, including payment or replacement of the Listing, regardless of any damage waiver coverage used by the Renter. It is solely up to Wedio's discretion to determine whether any Member has acted in compliance with the Terms. The following provisions require the User's compliance with all terms and obligations under the Terms and Conditions.
When you rent helicopters, boats, automobiles, buildings and studios/spaces, you acknowledge: i) that Wedio does not provide any kind of insurance or other coverage for such, ii) that you are solely responsible for taking out the adequate and applicable insurance for such rental; and iii) that you must provide the Lender with the insurance certificate. The insurance certificate must be generated by a licensed insurance provider, carrier, broker, or agent, and must confirm that the insurance is adequate and applicable for the requested rental. You should carefully read and understand any terms and policies, you may be bound by, when you take out the insurance etc. in relation to the rental.
For the avoidance of doubt, Wedio does not provide any kind of insurance or other coverage, including any claim processing support or dispute resolution, for rental of helicopters, boats, automobiles, buildings or studios/spaces.
Global Coverage covers camera equipment and/or related equipment rented or subscribed to through Wedio and covers all countries and regions, with a few exceptions.
Currently, our global coverage does not cover: Afghanistan, Algeria, Angola, Bolivia, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Colombia, Congo - Brazzaville, Congo - Kinshasa, Cuba, Côte d’Ivoire, Eritrea, Ethiopia, Georgia, Guinea, Iran, Iraq, Lebanon, Mauritania, Myanmar (Burma), Niger, Nigeria, North Korea, Russia, Somalia, Sudan, Syria, Ukraine, Yemen, Zimbabwe.
Renters shall pay for the Coverage Premium when renting through Wedio. Further, Renters shall cover unintentional damage to a rented Listing or theft of the requested and rented equipment, during the Rental Period. The Coverage only applies for the specific rental transaction, during the Rental period, to the Renter listed on the Rental Invoice, that you purchased it for.
The Coverage includes a Lender Guarantee of Renter's failure to return the equipment, that the Renter requested and rented, during the Rental Period.
The Coverage is a waiver, not to be confused with an insurance policy. The Coverage potentially waives the Renter's liability for any unintentional or accidental damage to the rented Listing during the Rental Period. The exclusions listed below applies to the waiver. The Coverage is provided with the purpose to waive the Renter's potential liability of costs to repair or replace the rented Listing. In UK there is a £25,000 maximum coverage and, in the EU, a £30,000 maximum coverage. However, the maximum value covered by Wedio Global Coverage is the Replacement Value of the Listing at the time of rental.
When you, as a Renter of a Listing, purchase the Wedio Global Coverage and comply with Wedio's Terms and Community Rules, you acknowledge, that you are liable for all damage to, theft of or loss of the Listing during the agreed Rental period. However, with the purchase of the Wedio Global Coverage, Wedio is financially responsible for any repair or replacement of the rented Listing. Wedio's financial responsibility covers up to the Listing Replacement Value minus any applicable deductible(s) (the deductible is 15% of the Listing Replacement Value, but a minimum of £285 in the UK and a minimum of €335 in the EU) or the purchased limit. In the case of voluntary parting, the Lender gets reimbursed, less a 15% deductible, which is calculated based on the value of the equipment. The equipment's value is also calculated by how much a piece of equipment depreciates in value each year. Reimbursement will be paid out to the Lender with or without VAT depending on the Lender's status.
Please be aware, that the Wedio Global Coverage does not apply, if you are not fully compliant with Wedio's Terms and Community Rules or if any of the Exclusions applies. It is solely up to Wedio to determine, whether an exclusion applies.
Deductible(s) are immediately due to Wedio or the Listing's Lender upon payment of the claim by Wedio to the Lender. In case the Renter does not remit the deductible amount, Wedio reserves the right to charge on the Renter's Wedio account or attempt to collect the debt using alternative methods.
Please be aware, that the damage limitations listed below does not apply, if you are not fully compliant with Wedio's Terms and Community Rules. For the avoidance of doubt, when you purchase the Wedio Global Coverage you agree and acknowledge that you in case of non-compliance with the Terms and Conditions and Community rules are liable for all damage to, theft of or loss of the Listing.
If you are not compliant with these Terms, or the following situations occur, the Wedio Global Coverage shall not apply:
If the rented Listing is damaged or lost, and the damage or loss is:
Caused intentionally or occurred as a result of willful and wanton misconduct, negligence or recklessness;
A result of extreme temperatures, exposure to water or moisture, sand, gas, dirt or if the damage or loss is caused by natural hazards outside human control, other uncontrollable natural forces for which no person can be held responsible or governmental action;
A result of wear and tear, mechanical breakdown, false pretense or work upon the property;
Caused by a hidden or latent defect, rust, oxidation, corrosion or discoloration, vermin, insects or animals.
A result of fraud, deceit, scams, voluntary parting, involuntary loss or unauthorized transfer.
Occurred in any of the excluded countries or occurred during travel, transit, shipment or other delivery of a rented Listing, before the Listing is in control or custody of the Renter.
Theft by an employee of the Renter or Theft by an associate of the Renter.
Theft by service provider or contractor, hired by the Renter.
Theft from an unlocked vehicle (theft from vehicle without evidence of forced entry).
Theft of an unattended Listing.
Acceptance of the Terms is based on fraudulent or material misrepresentation.
Loss of use of a rented Listing incurred by the Lender or Renter.
Loss of any items included in the Listing that are not returned at the end of the Rental Period.
Loss of income or time, or any other loss that is monetized or any other cost related to the Listing that may be incurred by the Lender or Renter.
Manufacturer's defects, or product or mechanical failure, which are not caused by the Renter.
Usage of the rented items by a third party ‘person’, who is not stated in the rental agreement relating to the Wedio order and who is not a verified Wedio member.
Usage of rented drones without valid certificates and permits.
In these situations, or otherwise where these exclusions apply, the Renter agree to be liable and full responsible for damage, loss or theft of the Listing, including any repair or replacement of the Listing. It is solely up to Wedio to determine if a theft has occurred. Wedio will perform this assessment based on an investigation by law enforcement and Wedio's own investigation. The investigations may include private investigators or other third parties. Please be aware, that all claims of theft require: i) a copy of the filed police report; ii) a confirmation of the filing and a criminal investigation by law inforcement; and iii) any relevant information or footage, that may be of help for Wedio's investigation of the claim.
On Wedio's request, you (as a Lender or a Renter) agree to initiate a claim under your own or an associated third-party's insurance policy, before Wedio processes a claim. The claim initiated may be for instance, for damages to or theft of the Listing. Wedio substract any reimbursement amounts, that is due or remitted to the Lender, from financial responsibilities that Wedio may owe to the Lender on behalf of the Renter. However, such reimbursement amount must be related to the claim reported to Wedio based on the Wedio Global Coverage.
The Wedio Global Coverage covers damages such as major scratches, broken pieces and other unintentionally or accidentally major damage. However, normal wear and tear, including scratches or other less significant damage is not covered. It is solely up to Wedio to determine, whether a damage can be considered as normal wear and tear, and under which circumstances the damage occurred, including if the damage was caused unintentionally. If it is determined that the Wedio Global Coverage applies to the unintentional damage, the Renter agrees to use the Wedio Global Coverage, the Renter shall pay a deductible amount of 15% to Wedio (15% of the Listing Replacement Value but a minimum of £285 in the UK and a minimum of €335 in the EU).
If the Renter agrees to be charged such deductible amount, Wedio will normally collect it, when the Lender is reimbursed. When the Renter agrees to use the Wedio Global Coverage, the Renter acknowledges, that the collected deductible amount will not be refunded. It is solely up to Wedio to determine the valuation of the Listing, the costs of the damaged Listing or any replacement, repair or repair provider costs.
If the Listing is unintentionally or accidentally damaged by the Renter within the Rental Period, the Renter agrees to pay for the necessary reparations or replacements. The Renter must pay both any deductible amount and any further amount, which is not covered by the Wedio Global Coverage (a claimed amount over £25,000 in the UK and €30,000 in the EU).
In case it is determined that the Wedio Global Coverage does not apply, for instance because the Renter damages, loses, steals, transfers or performs any other action not covered by the Wedio Global Coverage, any amount for necessary reparations or replacements shall be paid immediately and entirely by the Renter. It is solely up to Wedio to determine the valuation of the Listing, the costs of the damaged Listing or any replacement, repair or repair provider costs.
The Wedio Global Coverage covers damage such as major scratches, broken pieces and other major damage. However, normal wear and tear, including scratches or other less significant damage is not covered. It is solely up to Wedio to determine, whether a damage can be considered as normal wear and tear, and under which circumstances the damage occurred.
Peripheral items will typically be included in the rental as for instance, batteries, battery charges, cases, lens hoods etc. However, such peripheral items are not covered by the Wedio Global Coverage, why the Renter agrees to pay for any repair or replacement of damaged or lost peripheral items, included in the rental, within the Rental Period. The Renter must pay Wedio in order for Wedio to repair or replace the peripheral items. It is solely up to Wedio to determine which items are defined as peripheral items.
Any incidents, damages or losses must be immediately submitted to Wedio by the Renter. It is solely up to Wedio to conduct investigations and determine whether such incident is covered by the Wedio Global Coverage. The Members agree to authorize Wedio to conduct investigations with the sole purpose to determine if the Wedio Global Coverage applies. It is not guaranteed, that any costs of repair or replacement will be waived for the Renter or that the Lender will be reimbursed for any costs. In case it is determined that the Wedio Global Coverage does not apply, Wedio will refund the Wedio Global Coverage fee to the Renter.
You accept, understand and acknowledges all provisions and obligations set forth within this section.
Lenders are responsible for creating their own Listings, and for the accuracy and content of their Listings, even if the Listings were created by Wedio via the Lead In program. Lenders must accurately describe the Listing and all of the Listing contents, so that the Renter, Wedio, law enforcement, or courts can review exactly what a Renter rented. Lenders must only upload photos that accurately represent the Listing that they are offering to rent to a Renter.
Lenders are responsible for setting a minimum coverage limit or accurate market value for their Listing (hereinafter, “Replacement Value”). The Listing Replacement Value is displayed publicly on the Listing so that a Renter is aware of the Replacement Value prior to placing a rental request. Accordingly, you, as a Lender, agree that a Renter, and/or Wedio does not owe the Lender an amount for the repair or replacement of the Listing in excess of the Replacement Value that the Lender has set for Listing at the time the Renter submits a rental request for the Listing. Lenders may adjust a Listing Replacement Value at any time, except for when a Listing has been requested by a Renter or in an active rental. Wedio will keep track of any adjustments in the Listing Replacement Value.
Wedio reserves the right to change the price of a Lender’s Listing. Wedio does so in order to maintain reasonable rental prices relative to other listing prices, with the intention to increase the likelihood that a Lender will have their Listing rented by a Renter. If a Lender does not agree with a price change, they have the option of closing their listing at any time, refusing to accept a rental request or contacting Wedio to discuss the issue.
Be respectful of the equipment: Treat all gear with respect and care. Make sure the lender knows where you are shooting
Provide clear communication: Allow plenty of time for pick-up and drop-off. If there are any problems with the equipment, inform the lender immediately.
Honesty: Be honest about your experience level. Don't try to imitate someone else.
Make sure transactions and messaging remain within Wedio. Do not encourage others to violate our terms and Conditions.
Be sure all of your gear is in good working order: Make sure it is cleaned, tested, and fully functional.
Commit to the rental: Only accept requests you intend to fulfill. Renters rely on your equipment.
Provide extra care and effort for renters: They will remember that. You are the face of your business.
Make sure transactions and messaging remain within Wedio. Do not encourage others to violate our terms and Conditions.
Rental Cancellation Policy:
Canceling as a Renter: Within 2 hours of approval or more than 24 hours prior to hand out: No charge will be made, and you will be refunded 100% of the rental price. Less than 24 hours prior to hand out: You will be charged 50% of the rental price if the lender requires compensation. If you do not cancel an accepted rental request and you do not pick up the gear, you will be charged 100% of the rental price.
Canceling as a Lender: If you need to cancel a rental that you already have approved, make sure to get in touch with the Renter in good time. Be aware that they are often very dependent on your equipment in order to do their job. Canceling the rental with short notice may result in lost profits and poor public review.
Rental Pick-up & Drop-off Times: Wedio Global Coverage always starts at 19:00 the day before the shoot and ends at 10:00 the day after the shoot. The exact pickup and delivery times may be agreed upon between Renter and Lender in Messages as long as they fit within this time frame. Late return fees may apply if any item is returned outside Wedio Global Coverage time frame. Wedio is not responsible for any incidents that occur outside Wedio Global Coverage time frame.
Late Rental Drop-off Fees: Rentals dropped off after 10:00 on the drop-off day, or after the previously agreed upon time, are subject to a late drop-off fee that equals a one-day rental fee (including the Community Fee and any coverage option fees) for the rental. The Renter will be charged every 24 hours after a late drop-off until the equipment is returned to the Lender. Late rental drop-off fees are imposed at the Lender's discretion.
Final agreements regulate the relationship between members (renters/lenders) regarding one or more assets. If a final agreement is not complied with, including the additional terms that apply, Wedio may close a member's profile without notice.
The service alone acts as a place where members can connect with each other and Wedio is not, and will not be, part of the final agreement between members.
Specific terms for a given asset are stated in the final agreement and any damage to an asset is noted at the beginning of the final agreement.
Members are fully responsible for all information, including images, text, and other content advertised and subsequently stated in a final agreement.
If a member wishes to enter a final agreement, the member can send a request/inquiry and/or message. By sending a request and/or sending a message through Wedio to another member, you agree that Wedio carries out communications in Wedio's internal communication system, including that Wedio may access and read the communication at any time. This is to ensure that no one bypasses the services by using them but entering into an agreement/settlement outside of Wedio.
The final agreement is entered into through the service and if online payment is enabled, the member will be able to pay with his/her debit card through the payment gateway offered by Wedio's third-party payment provider.
ACCESS AND COMMUNICATION
Any communications through the Services may be viewed by employees and/or representatives of Wedio, and Wedio may remove or edit information from such communications as well as Wedio may from time to time use third-party e-mail servers to send and track receipt of e-mail messages. queries emails, as well as to analyze the pattern of query function usage reported by these tracking systems from third parties.
REPAIR OR CLEANING EXPENDITURE IN FINAL AGREEMENTS
You are responsible for the costs of repairing damage to or necessary cleaning of the assets stated in a final agreement other than damage caused by "normal wear and tear".
If another member reports a repair or cleaning need and you have paid the deposit, Wedio reserves the right to withhold the deposit until you and the other member have settled the balance/case.
The use of the Services is charged with payment to the person(s) with whom you enter into a final agreement. In addition, there may be payment fees and costs for Wedio. You must use the payment gateway offered by Wedio. It is clarified that Wedio is the sole agent and in no way guarantees payment or liability for any part of the final agreement.
If you cancel/annul an appointment with another member, you may have to pay the cancellation fee. The responsibility to agree on any repayment of amounts lies between the lessor and the lessee. Opportunities and terms are stated in the individual final agreement you enter into with the other member.
THIRD PARTY SERVICES AND CONTENTS
Submitted member data is recorded and stored by Wedio as a data controller and, if necessary, made available to you and other members who wish to conclude a final agreement. In order to protect personal data and protect privacy, member data is treated strictly confidential, except as mentioned above, and Wedio continuously ensures that IT solutions are sound and processed in accordance with good data processing practices.
You must not disclose sensitive information about eg. religion, race, political affiliation, union relations, sexual orientation, health information, etc., as we are not authorized to process and disclose such information. If you expect to provide information in this respect, Wedio reserves the right to delete these without notice.
You may be informed at any time what information is registered about you and you have the right at any time to request that the registered information be deleted.
TAXES AND FEES
You are responsible for paying all taxes and fees in relation to the lease of assets etc. To the extent that Wedio is required to withhold/collect/settle taxes and/or fees, you agree that Wedio will, as a result, do so and settle any amounts to the public accordingly.
In addition, you are responsible for your tax matters, including advance tax registration, tax statements and/or tax related records.
When you create a member account, you agree to receive binding messages and information regarding your membership and usage via the contact information you provide (email, SMS, address etc.). You can change your preferences at any time (with due regard to the minimum requirements to be met) on your personal member page.
DISCLAIMER AND LIMITATION OF LIABILITY
To maintain a high level of credibility concerning the Services, Wedio may at any time, without notice and without any responsibility, delete, suspend or change your profile if you provide incorrect information, violate these Terms or any other applicable law.
The services are provided as “they appear” and “as they are available”. Wedio disclaims all responsibility and obligation. Final agreement is entered into solely between the members and without the responsibility of Wedio for reliability, quality, quantity, condition or anything else regarding the services or any services a member provides, offers and agrees to.
Under no circumstances will Wedio be liable for any direct or indirect loss, incidental, punitive or consequential damages, including lost profits, data, personal injury or property damage related to the Services and/or the results of using the Services.
You agree to indemnify and exempt Wedio, its employees, directors and management from any claim, liability, obligation, loss, responsibility and expense (including attorneys' fees) arising out of or in connection with your use of the Services.
You must regularly keep up to date with the applicable conditions that can occur due to changes in Wedio services, legislation, etc.
If you have any questions about Wedio systems and the services or conditions, please feel free to contact Wedio by email. email: [email protected]
If a dispute arises on the basis of the services, website and services or related matters in the relationship between you and Wedio, the dispute must be decided in accordance with Danish law and in the Danish courts with the Copenhagen City Court as agreed venue.
In case of dissatisfaction with our services or our treatment of a given case, you should always contact us directly. If we are unable to find a solution jointly, complaints can be filed with Formedlemklagenævnet (Consumer Complaints Board) if you are a consumer. You can read more at www.forbrug.dk.
Aarhus C, December 2021
Wedio ApS DK39462419, Nørre Allé 70A, 1., 8000 Aarhus C, Denmark.