Terms of Service
Tote & Dolly · Effective Date: [Effective Date]
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Tote & Dolly website, mobile app, and rental services (collectively, the "Service"), operated by [Tote & Dolly Legal Entity Name] ("Tote & Dolly," "we," "us," or "our"). By booking a rental, creating an account, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Description of Service
Tote & Dolly rents reusable plastic moving totes and dollies. We deliver totes and a dolly to a specified pick-up (origin) location, and collect the empty totes and dolly from a specified drop-off (destination) location, or as otherwise arranged, for a rental fee based on the bundle selected.
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. Someone 18 years or older must generally be present to sign for and accept delivery and pickup, as described in Section 7.
4. Booking and Reservations
- You are responsible for providing accurate pick-up and drop-off addresses, unit numbers, and contact information at the time of booking.
- Availability is confirmed at the time of booking and is subject to change based on local capacity.
- You will select a bundle size (e.g. Studio, 1 Bedroom, 2 Bedroom, etc.); the number of totes and dollies included is listed at checkout.
5. Rental Period, Extensions, and Late Returns
- Your rental period begins on the scheduled delivery date and ends on the scheduled pick-up date, as confirmed in your booking.
- You may request an extension before your scheduled pick-up date; extensions are billed at the applicable weekly or daily rate in effect at the time of the request.
- Failure to make totes and dollies available for pickup on the agreed date, without requesting an extension, may result in a late fee of [$__ per day] until the items are returned.
6. Pricing, Fees, and Payment
- Bundle pricing is displayed at checkout and is based on the size and duration you select.
- A delivery and pickup fee applies based on distance from the applicable service hub.
- A stair-assistance fee of $10 applies per flight of stairs, only if you request our team's help carrying totes up or down; there is no charge if you carry totes yourself.
- Payment is due at the time of booking unless otherwise stated. We use a third-party payment processor; by booking, you authorize us to charge your payment method for all applicable fees, including extensions and damage/loss charges described in Section 9.
7. Delivery and Pickup
- Tote & Dolly is a door-to-door service. We deliver to, and collect from, the nearest reasonably accessible point outside your home or unit (such as a driveway, garage, or unit door). We do not enter or carry items inside your home or apartment.
- Someone 18 years or older should be present to accept delivery and release items at pickup. If you will not be present, contact us in advance; we may be able to arrange delivery to a safe, designated location at our discretion.
- You are responsible for ensuring a clear, safe path for delivery and pickup at both locations.
8. Cancellations
- Cancellations made at least 48 hours before the scheduled delivery date are free of charge.
- Cancellations made less than 48 hours before the scheduled delivery date are subject to a $50 convenience fee.
- If totes have already been delivered and you need to cancel, a $99 re-stocking fee applies.
9. Care, Damage, and Loss of Equipment
- Totes and dollies remain the property of Tote & Dolly at all times. You agree to use them only for their intended purpose and to take reasonable care of them during the rental period.
- If a tote or dolly is lost, stolen, or damaged beyond normal wear while in your possession, you may be charged a replacement fee of [$__ per tote / $__ per dolly].
- Do not use totes to transport hazardous, illegal, perishable, or flammable materials, or any item that exceeds the tote's stated weight rating.
- Tote & Dolly is not responsible for damage to your personal belongings caused by improper packing, overloading, or misuse of the equipment.
10. Prohibited Uses
- Using the Service for any unlawful purpose or in violation of any local, state, or federal law
- Subletting, reselling, or transferring rented totes/dollies to a third party without our consent
- Providing false booking information, including inaccurate pick-up/drop-off addresses
- Interfering with or disrupting the Service, our website, or our delivery personnel
11. Realtor Gifting Program
- Real estate agents enrolled in the Realtor Program may purchase a monthly membership that includes a set number of client gifts per month, each consisting of a bundle of totes delivered to a client the agent designates.
- The agent is responsible for providing accurate client delivery information and any personalized branding or message included with the gift.
- Standard delivery, pickup, cancellation, and damage/loss terms in these Terms apply to gifted rentals, and are the responsibility of the enrolling agent unless otherwise agreed in writing.
- Membership fees are billed monthly and are non-refundable for any given billing cycle once a gift has been fulfilled within that cycle.
12. Disclaimer of Warranties
THE SERVICE AND ALL EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS REQUIRED BY APPLICABLE LAW.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [TOTE & DOLLY LEGAL ENTITY NAME] SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM YOUR USE OF THE SERVICE OR EQUIPMENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE RENTAL GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to indemnify and hold harmless Tote & Dolly, its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [Your State], without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved informally by contacting us at [support@toteanddolly.com].
16. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms with an updated Effective Date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
17. Termination
We reserve the right to suspend or terminate your access to the Service, including refusing future bookings, if we believe you have violated these Terms.
18. Contact Information
Questions about these Terms should be directed to:
[Tote & Dolly Legal Entity Name]
[Company Mailing Address]
[support@toteanddolly.com] · [Company Phone Number]
Last updated: [Last Updated Date]
Questions about these Terms? Reach us at [support@toteanddolly.com].
