By installing/downloading our App and creating an App account, you represent that you have read and understood these Terms. If you do not agree with any provision of this Agreement, please immediately cease the use of the App.
The Service is only available to individuals or entities who are resident in the countries where the App is made available by the Company.
You must be 18 years of age or older to enter into a legally binding Agreement with the Company. If you are between the ages of 13 and 18 years, you agree to review this Agreement with your parent or legal guardian, and your parent or legal guardian must accept this Agreement on your behalf. If you are below 13 years of age, you are prohibited from accessing our services and providing any personal information to us.
If you are entering into this Agreement on behalf of a business/legal entity, you represent that you have the authority to act on behalf of such entity and to bind the former to this Agreement. You shall be responsible for ensuring that all authorised Users of the entity will use the Service in a manner consistent with all applicable laws and regulations and in compliance with this Agreement.
2. Definitions and Interpretation
The following words (in bold) shall have the meaning given hereunder whenever they appear in these Terms:
is made when a Borrower reserves an Item for rent or purchase (as offered by the Lender) through the App. The parties may mutually agree upon additional terms and conditions for the rent or sale of the Item than those specified in the Listing;
means a registered User who makes a Booking to rent or buy an Item listed on the App;
means an Item that has been rented out by a Lender to a Borrower;
means the monetary amount charged by the Lender to the Borrower for the rent or sale of an Item as either specified on the Listing or otherwise agreed between the Parties. The Fees for a Borrowed Item will accrue on a daily, weekly or monthly increment during the Rental Term;
means a tangible item that is listed on the App for rent or sale by the Lender;
refers to an Item that is purchased by the Borrower from a Lender through the App;
refers to an Item that is sold by the Lender to the Borrower through the App.
means an Item that is Listed by the Lender as being available for rent or sale on the App;
means a User who lists an Item for rent or sale by creating a Listing. The Lender is responsible for delivering the Listed Item to the Borrower as per the Listing as well as for conducting all communication with the Borrower. The Lender is either the sole owner of the Item listed or has been authorised by the owner to rent or sell the Item;
"Party" or "Parties"
refer to Lenders and Buyers (individually and collectively) when they enter into a rental or sale agreement for an Item listed on the App;
refers to the period starting from when the Lender hands over the possession of a rented Item to the Borrower and ends when the Borrower returns the rented Item back to the Lender;
means the App including but not limited to all software, features, functionality, tools and all content made available by the Company (excluding ‘User Content’);
means a registered user account holder (natural person or entity) who may be a Lender or Borrower;
means all content created, posted, uploaded, submitted or transmitted by a User through the Service;
means all applicable taxes such as personal or corporate income tax, sales tax, good and services tax, value added tax imposed by the government on any monetary transaction in the User’s jurisdiction;
All section headings in the Agreement are for convenience only and shall not affect the interpretation of the Agreement. The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein. References to any laws include all regulations, amendments and replacements of those laws.
3. Scope of the Service
- 1. BorrowMe is an online peer-to-peer marketplace that enables you to list, rent, buy or sell any Items from or to other Users.
- 2. The App also provides messaging functionality that enables Users to communicate with each other to conduct transactions.
- 3. We do not verify the identity of any User; therefore, we are unable to offer any guarantees that a User is who s/he claims to be. It is solely your responsibility to assess and decide the suitability of a Lender or Borrower before entering into any transaction with such User.
- 4. We do not own, rent, sell, control, endorse, or insure any Listings or Listed Items on the App and we do not represent or warrant the condition, legality or suitability of any Item you rent or buy through the App. Accordingly, all Bookings are made at your own risk.
- 5. We do not act as the agent or representative of any User, and we disclaim all liability for any misrepresentation by any User or for any actions or omissions whatsoever of any User.
- 6. We do not process any Fees charged or payable by Lenders or Borrowers for any Bookings. All payments must be settled directly between the Users.
- 7. You are solely responsible for the Items you lend, rent, borrow or sell through the App and for the collection and payment of any associated Fees.
- 8. Subject to your local laws, when you agree to rent, lend or sell an Item, you may enter into a legally binding agreement with the other Party on the specific terms agreed directly between you and such other Party (hereinafter ‘transaction agreement’). Your transaction agreement may govern the payment of Fees, title, possession/delivery of the Listed Item. We are unable to offer any guarantees as to the legality, performance and enforceability of any transaction agreement between the Parties to the transaction agreement.
- 9. For the avoidance of any doubt, we do not act as a broker, agent or insurer and all transaction agreements are solely between Users. We disclaim all liability for any failure of either Party to meet its obligations under any transaction agreement, and we will not be held liable for any damage or loss suffered as a result of your use of the App, any Items borrowed or listed on the App. We will not be a party to any transaction agreements entered into by and between Users.
- 10. The App is only designed to facilitate the Listing and Bookings of Items.
- 11. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS AND EXCLUDES ALL LIABILITY ARISING FROM OR ASSOCIATED WITH ANY USER CONDUCT, EITHER ONLINE OR OFFLINE, INCLUDING BUT NOT LIMITED TO ANY LISTING, BOOKING, USE OF A LISTED OR BORROWED ITEM AND/OR ANY BREACH OF TRANSACTION AGREEMENT BY A LENDER OR BORROWER. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR CONNECTED WITH THE USE OF THE SERVICE. THE COMPANY DOES NOT COLLECT/DELIVER ANY ITEMS FROM USERS, AND WE DO NOT GUARANTEE THE DELIVERY OF A BOOKED ITEM FROM ONE USER TO ANOTHER. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT VERIFY THE IDENTITY OF ANY USER. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ALL YOUR INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU ENTER INTO ANY TRANSACTION AGREEMENT WITH SUCH USER.
- 12. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR SAFETY.
- 13. UNLESS EXPRESSLY SPECIFIED OTHERWISE, OUR RESPONSIBILITY IS LIMITED TO FACILITATING THE APP FUNCTIONALITY IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT.
4. Lender rights, obligations and acknowledgement
As a Lender, you agree to fulfil all the obligations outlined in this Section 4 of the Agreement. Please note that any reference to "you" or "your" in this Section 4, only refers to Lender.
1.1. If you wish to rent or sell an Item to another User, you may create a Listing for such Item on the App. You are solely responsible for the content of your Listing including the existence, availability, functionality, fitness for purpose, legality, quality, appearance and safety of your Listed Item. You specifically agree to:
- 1.1.1. Provide true, accurate, current and complete information for your Listed Item;
- 1.1.2. Fully disclose any damage, limitation, or condition of the Item and any specific requirements that should be communicated to a prospective Borrower.
- 1.2. You shall not list a prohibited Item on the App. Please see section 10 ‘Prohibited Items’ to learn more;
- 1.3. You shall not create duplicate Listings or attempt to rent/sell the same Item to more than one Borrower at the same time;
- 1.4. It is solely your responsibility to obtain suitable insurance for the Item that you wish to rent out and to ensure that your insurance policy does not prohibit you from renting out the insured Item.
- 1.5. You may only list one Item per Listing on the App.
- 1.6. You must set your own Fees for each listed Item.
- 1.7. You may not change your Fees after a Borrower makes the Booking.
- 1.8. You shall agree upon all the Item collection, use, storage, care and Fee payment details directly with the Borrower.
- 1.9. You may choose the Rental Term for your listed Item.
- 1.10. You have the right to delete your Listing at any time before you receive a Booking.
- 1.11. A listed Item can be booked by a Borrower directly through the App without your prior approval.
- 1.12. All Bookings are deemed final and cannot be cancelled except with the mutual agreement between the Parties.
- 1.13. You acknowledge that by Listing an Item on the App, you are representing that the Item is available for rental/sale as described in your Listing. You agree that a legally binding agreement will be formed between you and the Borrower when the Borrower makes a Booking for your listed Item.
- 1.14. Once a Booking has been made by the Borrower, any failure on your part to fulfil your obligation to provide the listed Item may give rise to a ‘booking dispute’. If a booking dispute has been raised by a Borrower as a result of your failure to fulfil your obligation, your account will be flagged by the Company. Please note that if you have been involved in three booking disputes, we may suspend or terminate your User account in our sole discretion.
- 1.15. By renting an Item to a Borrower, you are granting a license to the Borrower to possess and use your Item for the duration of the agreed Rental Term only. The Borrower does not receive any other rights or title to the Item.
- 1.16. By renting an Item to a Borrower, you agree that the Item may not be exactly in the same condition as when you rented it out to the Borrower.
- 1.17. By selling an Item to a Borrower, you agree to transfer all rights and title in the Item to the Borrower and hand-over the Item to the Borrower as agreed in your transaction agreement.
- 1.1. If you wish to rent or sell an Item to another User, you may create a Listing for such Item on the App. You are solely responsible for the content of your Listing including the existence, availability, functionality, fitness for purpose, legality, quality, appearance and safety of your Listed Item. You specifically agree to:
2. Representation and Warranties
- 2.1. As a Lender, by Listing an Item on the App, you represent and warrant that each listed Item is owned by you or you are otherwise authorised to rent or sell such Item to others through the App.
- 2.2. By renting an Item, you represent and warrant that the Item is in good working condition and fit for the purpose.
- 2.3. You also represent and warrant that your listed Item does not infringe third party rights or violate any applicable laws.
- 3. Privacy
You may receive some personal information about the Borrower when entering into a transaction agreement. You are strictly prohibited from using the Borrower’s personal information for any purpose other than the performance of the transaction agreement.
4. Tax Liability
- 4.1. As a Lender, it is solely your responsibility to determine whether you are required to charge or remit any taxes to the relevant tax authority on any transaction agreements you enter into.
- 4.2. If you are required to charge any GST, you should include such GST in your Fees (as specified in your Listing), and you must issue tax invoices to your Borrowers if required by the law.
- 4.3. You are solely responsible for determining what reporting obligations and tax liability, you may have in relation to any Fees you earn from the use of the App.
You acknowledge and agree that there may be risks involved in renting Items to Borrowers through the Service, including the risk of theft or damage to your Item, risk of personal injury or death when interacting with other Users.
5. Borrower rights, obligations and acknowledgement
As a Borrower, you agree to fulfil all the obligations outlined in this Section 5 of the Agreement. Please note that any reference to "you" or "your" in this Section 5, only refers to Borrower.
- 1.1. You can book a Listed Item directly through the App and communicate with the Lender through the in-app messaging to agree upon collection/delivery of your booked Item, payment method of Fees, Rental Term and any other relevant details.
- 1.2. You can extend the Rental Term only with the express written consent of the Lender, which may be declined by the Lender.
- 1.3. You acknowledge that the Company does not verify the condition or accuracy of any Item description as listed on the App. You are solely responsible for carefully reading the Listing before Booking any Item. It is solely your responsibility to inspect the Item for any defects or damage that were not disclosed in the Listing by the Lender, as well as for ensuring the Item is in good working condition. Please note that your failure to report any undisclosed faults, defects or damage to the Lender at the time of taking possession of the Item will be deemed as your confirmation that the Item was in good condition when you received it.
- 1.4. All Bookings are deemed final and cannot be cancelled except with mutual agreement between the Parties. By Booking a Lender’s listed Item, you are entering into a legally binding agreement with the Lender to borrow or buy the listed Item for the Fees specified on the Listing and on any other conditions agreed between you and the Lender. You acknowledge and agree that the Company is not a Party to any transaction agreement between you and the Lender.
- 1.5. Any failure on your part to fulfil your Booking obligations such as the collection of the booked Item at the time and place specified by the Lender, payment of the Fees, or return of the Item etc., may give rise to a ‘booking dispute’. If a booking dispute has been raised by a Lender as a result of your failure to fulfil your Booking obligation, your account will be flagged by the Company. Please note that if you have been involved in three booking disputes, we may suspend or terminate your user account in our sole discretion.
- 1.6. The Lender may request you to show some form of government-issued identification at the time you collect the booked Item. Your failure to present personal identification will give Lender the right to terminate the Booking without incurring any liability.
- 1.7. When you make a Booking to rent an Item, you understand that the Lender is granting you a license to possess and use the Item for the Rental Term only.
- 1.8. When you make a Booking to purchase an Item, you agree to fulfil all your obligations as agreed in your transaction agreement with the Lender, including paying all the Fees as agreed with the Lender.
2. Use and Return of Item
- 2.1. You agree to treat rented Items with great care and only for the purpose for which the Item is designed.
- 2.2. You are responsible for returning rented Items at the end of the Rental Term in the same condition as they were in when you received them from the Lender, excluding normal wear and tear from reasonable use of the Item.
- 2.3. As a Borrower, you are responsible for any loss, destruction or damage to the Item while such Item is in your possession for any reason (excluding normal wear and tear) including theft, mysterious disappearance, fire, or other similar causes. If you return an Item that has been damaged beyond normal wear and tear, then you may become liable to the Lender for the cost of repair or replacement, as may be agreed between you and the Lender according to your transaction agreement.
- 2.4. You are solely responsible for your own actions and omissions as well as any actions or omissions of any individual whom you allow to use the rented Items while such Item is in your possession.
- 3.1. You are responsible for the payment of all Fees due and payable to the Lender, according to the payment method agreed between you and the Lender, in a timely manner. You understand and accept that the Lender has the right to refuse to hand over the possession of an Item if you fail to fulfil your obligation to deposit/pay any advance Fees as specified in the Booking.
6. Agreement between Users
- 1. Borrowers and Lenders are solely responsible for directly agreeing upon the terms of their transaction agreement governing any Booking (sale or rent) of a listed Item including but not limited to payments, delivery/collection and return of the Item.
- 2. Nothing in the transaction agreement shall impose any obligations or restrict any rights of the Company that are not expressly contained in this Agreement.
- 3. Both Parties agree that the Company is not responsible for either Party’s performance or fulfilment of any obligations in a transaction agreement including but not limited to payment, delivery or return of an Item.
- 4.1. Both Parties shall cooperate with the Company in the amicable resolution of any booking dispute. While the Company will make its best effort to help Borrowers and Lenders resolve any booking disputes, both Parties accept that all transactions are solely between them and the Company’s role is limited to providing the Service.
- 4.2. Any legal remedy or liability that you seek to obtain for any action or omission of the other Party to your transaction agreement will be limited to a claim against that Party only whose action/omission caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such actions or omissions.
4.3. To the maximum extent permitted by law, you release the Company from any liability or losses related in any way to:
- 4.3.1. Renting out or selling your listed Items to Borrowers through the App;
- 4.3.2. Renting or buying any listed Items from Lenders through the App;
- 4.3.3. Any other interactions between you and other Users.
7. Account Registration, Use and Security
- 1. Users are required to sign up for an account to create a Listing or to make a Booking through the App.
- 3. By registering a user account and making use of the Service, you represent and warrant that all personal information provided by you is true, accurate, current and complete. You also agree to keep your personal information up to date.
- 4. You understand that when you use the Service, some of your personal data may be made available to other Users. You hereby grant us the right to share your personal data with other users as required during the course of delivering our Services. We reserve the right to terminate your user account or restrict your access to the Service if we suspect that you have provided us with false information or violated any terms of this Agreement.
- 5. We reserve the right to verify the identity of our Users, but are not under any legal obligation to do so.
- 6. We are not under any legal or moral obligation to provide a user account to anyone, and we reserve the right to decline any account registration without providing reasons for our decision.
- 7. As a user account holder, you are solely responsible for keeping your log-in credentials confidential.
- 8. You shall be solely responsible for all activity on your user account, regardless of whether you authorised it or not.
- 9. As a user account holder, you must immediately notify us of any unauthorised use or access to your user account, or any other security breach of which you become aware. To report any security breach, please contact us at firstname.lastname@example.org.
- 10. We will not be responsible for any loss suffered by you or any other person as a result of any use of your user account or your failure to comply with the provisions of this Agreement.
- 11. We may suspend or terminate your user account immediately without any notice if you breach any provision of this Agreement.
8. Account Termination
This Agreement and your account shall remain in effect until terminated by you or us.
- 1. Termination by the Company
We reserve the right to terminate your user account or restrict/suspend your access to the Service at any time and for any reason, in our sole discretion. Any termination or suspension of this Agreement shall not relieve you of your obligation that arose or accrued prior to the termination or suspension. If your account has been terminated by the Company, you understand that you are strictly forbidden from:
- Creating a new user account;
- Accessing the Service through another user’s account;
- Accessing the Service through any other unauthorised mechanism.
- 2. Termination by User
You may terminate your user account at any time by contacting us at email@example.com with the words ‘account termination’ in the subject line.
- 3. Consequences of Account Termination
Please note after your user account is terminated by the Company, you will no longer be able to reactivate your user account or make use of the Services offered by the Company. Any provision of this Agreement that is intended to survive the termination of these Terms will survive.
9. User Content
- 1. You are solely responsible for your public profile, Listings, messages, ratings and reviews and any other content that you upload, submit, post, display, communicate or transmit through the Service (collectively "User Content").
- 2. We reserve the right to monitor your User Content, but we do not have any legal obligation to do so.
- 3. We reserve the right to store your Item search history and enable other Users to access this data.
- 4. We reserve the right to remove any User Content that violates any provision of these Terms or content that we in our sole discretion deem inappropriate.
- 5. We do not claim any ownership of your User Content, however, by using our Service, you grant us a perpetual, royalty-free, worldwide, sub-licensable, irrevocable, non-exclusive license to use, host, store, reproduce, modify, publish your User Content for the limited purposes of operating and improving our Service.
- 6. The Company does not warrant or make any representations as to any User Content posted on the App by any User. It is solely your responsibility to verify and confirm the truthfulness, accuracy, and completeness of any User Content with the person or entity from whom such User Content originated. Your reliance or use of any User Content available on the App is solely at your own risk. The Company will not be held liable for any inaccuracies in any User Content.
- 7. If you wish to report any User Content, please contact us at firstname.lastname@example.org.
- 8. Ratings and Reviews
The ratings and reviews functionality is intended to help Users make informed decisions when borrowing and lending Items from/to other Users. It is imperative that you only give a truthful and accurate rating and review based on your personal experience. Any attempts to fraudulently boost a User’s or Item’s reputation or to defame a User by leaving inaccurate ratings and reviews may result in legal action against you. All ratings and reviews on the App are the personal opinion of Users and not the opinion of the Company. The Company will not assume any responsibility or liability for any loss, claim or damage incurred by you as a result of reliance upon any rating or reviews available on the App. We are unable to offer any guarantees as to the credibility, accuracy, truthfulness or validity of any ratings and reviews on the App.
We reserve the right, in our sole discretion, to remove any ratings and reviews if:
- 8.1. A review contains language that is obscene, discriminatory or otherwise inappropriate;
- 8.2. A review violates any applicable laws;
- 8.3. A review discloses any personal information of another User;
- 8.4. If we receive instructions by court order to remove a review; and
- 8.5. We deem a review to be fraudulent.
10. Prohibited Items
Users are prohibited from Listing any of the following Items on the App:
- 1. Any Item that is illegal under the applicable law;
- 2. Any Item that is defective or unusable;
- 3. Any non-tangible goods or services;
- 4. Any offensive or obscene materials;
- 5. Alcohol, tobacco, and other recreational drugs;
- 6. Human organs, animals or other similar Items;
- 7. Any weapons, firearms or combustible Items.
We reserve the right to remove any Listing that we deem to be in violation of these Terms or otherwise inappropriate for the BorrowMe Marketplace.
11. Intellectual Property
Excluding User Content, all content made available by us through the Service including without limitation, any text, graphics, logos, trademarks, audio, video, interactive features, software and the like ("Company Content") is owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. You understand that we and our licensors reserve all rights, title and interest in our respective intellectual property. You shall not copy, modify, or transmit any part of the Service.
The App contains trademarks, logos and trade names of the Company and other third parties that may be registered or otherwise protected by law. You shall not use any trademarks, logos or trade names that are posted on the App without the express written consent of the Company/intellectual property owner. You may only use the Company Content in accordance with applicable laws and the provisions of this Agreement.
You acknowledge that the App is licensed and not sold to you. The Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable and revocable limited license to use the Service for intended purposes only as set out in this Agreement.
Any unauthorised use of the Company Content may result in the suspension or termination of your user account and other legal action directly against you.
12. Copyright Infringement Notice
If you believe that your content is publicly posted, uploaded or made accessible on the App without your authorisation/appropriate license, please send a valid notice to email@example.com with all of the following information:
- Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the content);
- Your contact information including your name, phone number, and e-mail address;
- A signed statement that:
- You believe in good faith that the use of the content is not authorised by the copyright owner or its agent;
- The information contained in the notice is accurate, and under penalty of perjury that you are either the owner of an exclusive right that is allegedly infringed, or that you are authorised to act on behalf of such owner to communicate with us regarding the copyright infringement;
We will immediately investigate the claim upon receipt of a valid notice and remove the infringing content if advised by our legal team.
13. User Conduct
Your User Content and use of the Service is subject to the restrictions outlined in this provision. You or your authorised representative, must not:
- 1. Use the Service for any unlawful or unauthorised purposes;
- 2. Bring the Service or the Company into disrepute;
- 3. Remove any proprietary notices from any Company Content or other User Content;
- 4. Breach any legal or proprietary rights of another person;
- 5. List an Item for a Fee that you do not intend to honour;
- 6. Contact a Lender for any purpose other than to enquire about a listed Item;
- 7. Create multiple user accounts with different personal/business details;
- 8. Impersonate another person or misrepresent your relationship with any person or entity;
- 9. Stalk, harass, threaten, intimidate, harm, cause a nuisance to, annoy or interference with, other Users or their enjoyment of the Service;
- 10. Interfere with or disrupt the operation of the Service;
- 11. Harvest, scrape or collect any personal information of other Users without their express consent, whether manually or through the use of automated routines;
- 12. Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- 13. Circumvent any measures used by us to prevent or respect access to the App;
- 14. Modify, adapt, copy, translate, or reverse engineer any portion of the Service or use any Company Content other than as permitted by these Terms;
- 15. Use the Company Content on any other website or environment without the express written consent of the Company;
- 16. Intentionally or unintentionally cause harm or subvert the function of the Service by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or information stored on our servers;
- 17. Submit any content or material on any third-party websites, that falsely express or imply that such content or material is sponsored or endorsed by the Company.
14. iOS and Android Disclaimer
- 1. If you download and use the BorrowMe mobile application, you understand that the BorrowMe mobile application is intended for use on a mobile device that is owned and controlled by you and that uses the Android or iOS operating system.
- 2. The BorrowMe mobile application is made available to you by the Company through Google Play Store, as operated by Google Inc., and Apple App Store, as operated by Apple Inc.
- 3. Google Inc and Apple Inc are hereinafter referred to as "the App Store Provider".
- 4. The App Store Provider is not a party to this Agreement.
- 5. The App Store Provider does not own the BorrowMe mobile application and will not be responsible for the BorrowMe mobile application.
- 6. The App Store Provider does not offer any warranty for the BorrowMe mobile application, and the App Store Provider is not responsible for any maintenance of the BorrowMe mobile application or provision of any support services for the BorrowMe mobile application.
- 7. The App Store Provider shall not be responsible for any other claims, losses, liabilities, damages or expenses with respect to the BorrowMe mobile application and any claim, action or dispute relating to the BorrowMe mobile application must be brought against the Company only.
- 8. The App Store Provider is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you.
The Company reserves the right to amend these Terms to comply with any applicable laws/regulations, to reflect any changes in our business practices or any other reasons at the Company’s discretion. Where the Company makes any amendments to these Terms, the Company will notify you by posting the updated Terms on the App. Unless expressly specified otherwise, any amendments to these Terms shall be effective from the date the amended Terms are posted on the App. The latest version of the Terms will supersede all previous versions. Please take the time to review these Terms regularly to familiarise yourself with any material changes. The Company also reserves the right to introduce new features and functionality, remove or modify any existing features as well as the right to discontinue the Service at our sole discretion.
By continuing to use the App after the amended Terms are published, you agree to be bound by such updated Terms.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- 1. the violation of these Terms by you; or
- 2. Your use of the Service;
- 3. Your User Content;
- 4. Your interaction with other Users;
- 5. Your Listings or Bookings and any consequences thereof.
17. Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN RESPECT OF THE SERVICE, LISTINGS, ITEMS RENTED OR PURCHASED, TRANSACTION AGREEMENT BETWEEN USERS, USER CONDUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, TIMELINESS, OR NON-INFRINGEMENT. WE DO NOT OFFER ANY WARRANTY THAT THE SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, ERROR-FREE AND SECURE; (C) WILL BE ACCURATE, RELIABLE, COMPLETE OR SAFE; OR, (D) ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS FROM THE USE ANY CONTENT, INFORMATION OR SOFTWARE MADE AVAILABLE THROUGH THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, ANY CONTENT AVAILABLE THROUGH THE SERVICE OR ANY USER CONDUCT, WHETHER ONLINE OR OFFLINE.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
18. Limitation of Liability
NEITHER THE COMPANY NOR ITS OFFICERS SHALL BE HELD LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR BREACH OF STATUTORY DUTY. THE COMPANY AND ITS OFFICERS SHALL NOT BE HELD LIABLE FOR ANY LOSS, OR DAMAGE INCURRED BY ANY USER OR ANOTHER PERSON, INCLUDING WITHOUT LIMITATION, ARISING OUT OF OR ASSOCIATED WITH THE USE OR INABILITY TO USE THE APP, ANY LISTINGS, BORROWED/RENTED ITEMS, USER CONDUCT OR USER CONTENT, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR:
- ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD-PARTY; AND
- ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR RELIANCE UPON ANY INFORMATION MADE AVAILABLE THROUGH OUR APP.
IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE GREATER OF (I) FIFTY U.S. DOLLARS OR (II) THE AMOUNT PAID BY THE USER TO THE COMPANY IN CONNECTION WITH THE SERVICE IN THE THREE MONTH PERIOD PRECEDING THE EVENT THAT FIRST GAVE RISE TO THE CLAIM.
19. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the federal laws of the United Arab Emirates. The User and the Company hereby agree to submit to the exclusive jurisdiction of the courts located in the ADGM to resolve any claims and disputes arising out of this Agreement.
20. Force Majeure
The Company shall not be liable for the failure to perform any of its obligations if such failure is as a result of any Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, an act of foreign enemies, hostilities (regardless of whether war is declared), epidemic, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.