Terms
& Conditions - Borofy
Definitional
Clauses – (I) User, as used in these terms &
conditions, to mean both lenders and borrowers unless indicated otherwise.
(II)
Lender, as used in these terms & conditions, to mean those who have made
listings on Borofy insofar as that item/those items listed, unless indicated
otherwise.
(III)
Borrower, as used in these terms & conditions, to mean those who have
borrowed an item/items off a particular listing to the extent that they either
currently hold the item or have made a payment for the item, unless indicated
otherwise.
(IV)
The Website and the Web Application, along
with any subsequent products or services that Borofy may offer, will be
henceforth termed as ‘Services’.
(V)
The items which constitute the subject of
listings made on Borofy will henceforth be termed ‘Item(s)’ or ‘Products’
interchangeably.
Acceptance
of Terms & Conditions – (i) Users will not be
allowed to use their accounts for borrowing and lending activities until and
unless they have read and accepted these terms and conditions listed below.
(ii)
Users agree to be bound by the terms and conditions listed below by the act of
accessing the website or the web application. Users will be deemed to have read
and accepted these terms and conditions in entirety once they click ‘I Agree’
to the same.
Changes
in Terms & Conditions – (i) Borofy reserves the
right to make unilateral changes to the terms and conditions listed below.
(ii)
In case of any amendments, inclusions and deletions, Borofy will inform user of
the same via email, at which point users may revaluate their association with
the webpage or web application.
(iii)
Users will be deemed to have read and accepted these amendments, inclusions and
deletions notified to them via email once they click on the ‘I Agree’ button.
Delivery
to and from Lender and Borrower – (i) Borofy
chosen representatives will pick the item up from the Lender and will deliver
the item to the Borrower.
(ii)
Delivery and Pickup of the item so listed to and from the Borrower and the
Lender will happen between 6 AM and 8 PM.
(iii)
A Borofy chosen representative will also pick the item up from the Borrower
once the rental period has completed and will deliver the same back to the Lender.
(iv)
Before the item is rented out to fulfill an order,
Borofy will test, videograph & photograph the product in your vicinity when
picking up the item from the Lender.
Duration(s) of Rental Period – (i) The rental period will
constitute a period in excess of 1 day both before and after the dates entered
by the Borrower.
(ii) For example, if the
rental period desired by the Borrower is from June 12 to June 27, the rental
period will be deemed by Borofy to be from June 11 to June 28 although the
Borrower will only pay for the period as entered by them i.e. from June 12 to
June 28.
(iii) The item will therefore be
picked up one day before the rental period
entered by the Borrower i.e. for example, June 11, and will be returned to the
Lender one day after the rental period entered by the Borrower i.e. for
example, June 28.
(iv) Hence all
Lenders attest that the item will be kept ready for pick up one day before the
rental period as entered by the Borrower begins.
(v) For items that are available
to be listed on a daily, weekly and monthly basis, to be gauged by the
availability of a daily, a weekly and a monthly price, the duration of ‘one
month’ will be deemed to be 30 days for rental purposes and for any matters
related to such items.
(vi) For items that are available
only for rental periods of one month and for additional periods in monthly
increments, such as medical items, the duration of ‘one month’ will be deemed
to be 31 days for rental purposes and for any matters related to such items.
(vii) If the Borrower returns the
item before the rental period comes to an end, the rental duration will be
deemed to be over once such return is made, even if the rental period
originally chosen and paid for by the Borrower has not expired and is longer
than the day and date upon which the item has been so returned .
(viii) If the item is returned
before its rental period has expired, the Borrower cannot ask for the item to
be delivered again in continuation of the original rental period. A fresh order
will have to be placed if the Borrower wants the item again, and the Borrower
will have to pick the rental duration and make a payment again.
Bookings Spanning a Single Day – (i) A
booking made for a single day will be deemed to last for 8 hours and only until
8 PM.
(ii) Irrespective of when the
item has been delivered to the Borrower, the item will have to be returned by 8
PM.
(iii) A Borofy representative
will call the Borrower to schedule the return i.e. the pick-up of the item at
the Borrower’s convenience.
Bookings Spanning Multiple Days –
(i) The
Borrower will have to return the item by 8 PM on the last day and date of the
rental period chosen.
(ii) A Borofy representative will
call the Borrower to schedule the return i.e. the pick-up of the item at the
Borrower’s convenience.
Order Extension – (i) Duration
of the rental period can be extended by the borrower subject to its further
availability i.e. subject to whether the item(s) have been already booked for
the excess period requested or not.
(ii) The only
criteria would be whether the listing has already been blocked for those dates
by another Borrower.
(iii) Order extensions are not
guaranteed.
(iv) The Borrower may check the
further availability of any of the items for which an order has been currently
placed by them by clicking on the “Extend Order” button on the “Orders Placed”
page.
(v) If the dates chosen are
available for the order to be extended, the Borrower will have to make a
payment for the extended period accordingly and a separate invoice will be
generated for the same, effectively treating it as a new order.
Lender’s Responsibility – (i) Any
Lender using Borofy’s Services attests that the item being listed is in perfect
working condition and will work as advertised when picked up from them.
(ii) The
Lender will be solely liable for any damage or injury arising from the product
being different or of poorer quality than advertised on Borofy.
(iii) The
Lender will be solely liable if their product is of hazardous quality or
constitutes a safety violation notwithstanding Borofy’s inspection of the item
at the time of delivery or pick-up.
Borrower’s Responsibility – (i) The
Borrower undertakes that the item(s) so borrowed from Borofy will not be used
for any purposes other than those specified in the listing.
(ii) Where the Borrower has
borrowed item(s) through listing(s) on Borofy, the Borrower is strictly
prohibited from further renting the item(s), notwithstanding whether monetary
consideration is to be furnished to the Borrower for such sub-renting. There is
no sub-renting of any nature allowed.
(ii) The
Borrower undertakes to not treat the item(s) to any injury or damage, to
account for its whereabouts at all times during the rental period, and to not
cause any excessive wear and tire while the item(s) is in the Borrower’s
possession.
(iii) The
Borrower undertakes to return the item(s) in the same condition as it was
received.
Payment – (i) The
payment to the Lender for the rental period will be credited directly to the
Lender’s bank account, based on the details enumerated in the My Bank Details page
as provided by the Lender.
(ii) The
Lender’s payment will be credited to the bank account details provided within
one working day from when the rental period entered by the Borrower begins.
(iii) Borofy
will not be liable for an erroneous transaction in case the Lender has not
provided the correct bank details and it will be on the Lender to be aware of
the same.
Security Deposit – The
Security Deposit will be held by Borofy and will be refunded to the borrower if
the item is returned in good & working condition.
Cancellation Policy – (i) An order
can be cancelled by the borrower before the item is delivered to them.
(ii) Borofy
does not charge any cancellation fee; hence, the entire order amount will be
reimbursed to the Borrower and no money will be credited to the Lender.
(iii) If the
item had already been picked up from the Lender, it will be returned within 24
hours from when it was picked up.
(iv) A single order bearing
multiple order items may be cancelled by the Borrower only until when none of
the order items have been delivered to or extended by the Borrower. If one
order item has been delivered amongst multiple ordered items, when all such
items are part of the same order, the order cannot be cancelled.
(v) A single order bearing one
order item may be cancelled by the Borrower until the delivery of such order
item or of the extension of its rental period by the Borrower.
Delayed Return Policy – If
the Borrower fails to return the item on time, the daily rental rate along with
a daily 30% interest will be charged to the borrower for every extra day the
item is not returned beyond the rental period.
Paused Listing Policy – (i)
Lenders have the option of pausing their listing so that they may pull their
item out of circulation if so desired without deleting the item from the Borofy
platform.
(ii) A listing may be paused at
any time.
(iii) However, if the listing has
been paused but the item has been sent out to a Borrower to fulfill a current
active order, the Borrower will be able to extend the rental duration of such
an item.
For Rental Businesses – Those
running a rental business and using Borofy to advertise their item(s) can raise
an invoice and bill it to Borofy Technologies Pvt. Ltd. for all the equipment
or services rented out or booked through Borofy, post reconciliation and
contingent on the end customer’s money coming in.
Right
to blacklist – Borofy retains the right to unilaterally
blacklist users from its website and App in case of a contravention of the
terms of conditions by that user, breach of privacy policy by that user, or due
to any conduct that Borofy may deem undesirably on the part of that user.
Right
to cancel or change dates – Borofy retains the right
to unilaterally change or cancel the pick-up/drop dates under such
circumstances as Borofy deems fit.
Severability
– In the event that one or more provisions
of these terms and conditions are found to be illegal or unlawful, these terms
and conditions will be null void only to the extent of those provisions, and
the rest of the T&C will remain enforceable and applicable.
Indemnity
Clause – Users agree to indemnify and to hold
Borofy, its team, its officers, subsidiaries, affiliates, successors, assigns,
directors, officers, agents, service providers, suppliers and employees,
harmless from any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of content submitted by
the User, User’s use of the service, violation of the Terms of Use, breach by
the User of any of the representations and warranties herein, or the User’s
violation of any rights of any other party.
Liability
in Case of Damage – (i) When returning the
item(s) are being returned back to the Lender, minor visible scratches (1
centimeter in length or less) on the item from the order will be treated as
‘normal wear and tear’.
(ii)
Substantial damages will attract costs of repair/replacement from the security
deposit, and additional costs will be invoiced to the Borrower and will be
borne by the Borrower alone.
Liability
of Borrower in Case Item Rendered Unusable, Destroyed or Missing – (i)
Where an item had been listed on Borofy’s webpage or web application, and where
based on that listing the item was borrowed and as part of which the item was
deposited in the borrower’s possession, if such item has been subsequently lost
from the borrower’s possession and is unable to be located or where the
borrower has committed an infraction rendering the item unusable, the borrower
will be liable to either replace the item with the specifications (like make
and model) of the original item lost or will reimburse 100% of the Maximum
Retail Price of that item with the same specifications (like make and model) as
listed on that day.
(ii)
The payment in both cases is to be made to Borofy who will then transfer the
amount in entirety to the lender.
Liability
when Borrower Missing – (i) Where the
borrower has either absconded or stolen the item or has committed an infraction
that has rendered the item unusable, Borofy will pursue legal means of
recovering the item first. Only upon exhaustion of all other legal recourse
available, or after the expiry of six months from date of FIR filed, whichever
is later, will Borofy’s liability arise in paying replacement costs.
(ii)
Where the borrower has committed an infraction that has rendered the item
unusable, and has hence absconded, Borofy reserves the right to get the item
evaluated by an expert of Borofy’s choosing to ascertain necessity and
estimated costs of repair. To the best extent possible, Borofy will attempt to
repair the item first and will only replace when repair cannot be done, would
be futile, or would exceed 50% of the Maximum Retail Price.
(iii)
In both the above cases, provided that the borrower has not been located,
Borofy will, upon expiry of the stipulated time and, in case of item being rendered
unusable, upon evaluation by a Borofy-chosen expert after which the option of
repairing has been found to be unviable for the reasons stated above, Borofy
will reimburse 30% of the Maximum Retail Price that
has been listed for the item on the market as of that day, provided that all
other specifications for that item like make and model are the same or 30% of the value possessed by the item at the time that
the borrower has rendered it untraceable or unusable, whichever less.
(iv) The date on which the item has been rendered untraceable or
unusable will be deemed to the date upon which the rental period has expired.
(v) The calculation of the value of the item on the date of expiry
of rental period will be done only as per the Depreciation Clause mentioned in
these terms and conditions and will solely consider the rates and useful life
mentioned in that clause. This calculation cannot be challenged on the grounds
that alternate methods of calculation exist or that alternate rates of
depreciation/useful life exist in law or otherwise.
(vi) The Lender agrees to be bound by the rates specified in that
clause even if calculation under alternate methods or with alternate rates may
be more beneficial to him. The Lender is deemed to have waived any claim to any
additional amount he may have gotten using any other method, manner or means of
calculation other than the method and manner prescribed in the depreciation
clause of these terms and conditions.
Depreciation Clause – (i) The
method for the calculation of depreciation for determining the amount based
upon which replacement costs must be paid by Borofy will be limited only to the
method mentioned in this clause.
(ii) This clause is not open to challenge and the depreciation
amount is not open to recalculation simply because an alternate method of
calculation exists, in law or otherwise, that may be more beneficial to the
Lender.
(iii) The useful life of the different categories are:
a) Cameras – 5 years.
b) Computers, Laptops, computer software, Printer, Scanner, UPS and
other peripheral devices – 5 years.
c) Projector – 5 years.
d) Drones and Segues – 4 years.
e) Sports Equipment – 10 years.
f) Music Equipment – 7 years.
g) Medical Equipment – 13 years.
h)
Others – 5
years.
(iv) If the items exceed any of the time frames mentioned above,
there will be no replacement costs owed to the Lender and the value of the item
will be deemed to be nil.
(v) The annual depreciation
rates of the different categories are:
a) Cameras – 40%.
b) Computers, Laptops, computer software, Printer, Scanner, UPS and
other peripheral devices – 40%.
c) Projector – 15%
d) Drones and Segues – 25%.
e) Sports Equipment – 15%.
f) Music Equipment – 15%.
g) Medical Equipment – 40%
h)
Others – 40%.
(vi) In case of any dispute regarding the category that the item
belongs to, Borofy reserves the right to determine the category, and hence the
useful life and the depreciation rate, that will apply to the item.
Liability
of Borofy in Replacement Costs – The Liability of
Borofy in case of cost arising due to the theft or damage of a listed item by
its borrower is limited only to the cost of either replacing or repairing that
item in congruence with the liability clauses stated above and will not include
any incidental or related costs and expenses, insofar as the damage or repairs
have not arisen due to the lender’s own negligence and/or breach of terms &
conditions.
Limitation
of Liability –
1. All
commercial/contractual terms are offered by and agreed to between Lenders and Borrowers
alone, in the absence of Borofy as a party. The commercial/contractual terms
include but are not limited to, price, shipping costs, deposit amounts, payment
methods, payment terms, date, period and mode of delivery, warranties related
to products and services and after sales services related to products and
services. Borofy does not have any control and does not determine or advise or
in any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Lenders and Borrowers.
2. Borofy
does not make any representation or Warranty as to specifics (such as quality,
value, saleability, etc) of the products or services proposed to be sold/rented
or offered to be sold or purchased or rented on the Website. Borofy does not
implicitly or explicitly support or endorse the sale or purchase or independent
rent of any products or services on the Website. Borofy accepts no liability
for any errors or omissions, whether on behalf of itself or third parties.
3. Borofy
makes no representation or warranty as to the credentials (such as legal title,
creditworthiness, identity, etc) of any of its users. You are advised to
independently verify the bona fides of any particular user that you choose to
transact with on the website and use your best judgment in that regard.
4. Borofy
shall not at any time hold any right, title or interest over the products
and/or services sold, purchased or rented on the Website nor shall Borofy have
any obligations or liabilities in respect of such contract entered into between
Renter/Buyers and Providers. Borofy is not responsible for unsatisfactory or
delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
5. You
release and indemnify Borofy and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the users of the Website and specifically and explicitly waive any claims that
you may have in this behalf under any applicable law. Notwithstanding its
reasonable efforts in that behalf, Borofy cannot take responsibility or control
the information provided by other Users which is made available on the Website.
You may find other User's information to be offensive, harmful, inconsistent,
inaccurate, or deceptive. Please use caution and practice safe trading when
using the Website. Please note that there could be risks in dealing with
underage persons or people acting under false pretence.
Trademark,
Copyright & Patent – Borofy respects all
trademark, copyright and patent laws in force within the jurisdiction of India
at the time and users will be personally liable in case of a violation of any
trademark, copyright or patent laws and agree to indemnify and hold Borofy, its
team, its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees harmless in
respect of any claim for costs, damages or expenses including legal fees and
court costs arising out of the same
Profanity
– Borofy does not allow the use of
profanity in any of the listings, descriptions, titles of items or in any other
manner by the user on either the website or the application. However,
specifically with respect to listings, Borofy will allow descriptions or titles
that include profanity as long as the word has been used by using asterisks
instead of letters e.g. S*** or B****.
Eligibility
– (I) Minors or Legally Unsound Individuals – Use of the website or
application, either by registration or otherwise, is made available only to persons who are 18
years of age and above and persons who can enter into a legally binding
contract, and or are not barred by any law for the time being in force. Users
who intentionally use the platform despite not being able to enter into a
legally binding rental agreement will be held personally liable for any
damages, expenses or costs arising from the same and to that extent Borofy will
not be held liable. Legal guardians are to make transactions on behalf of
minors or legally unsound individuals and Borofy reserves the right to
terminate or blacklist your account and refuse to provide you with access if it
is discovered or brought to Borofy’s notice that the user is underage or is
legally unsound.
(II)
Agents & Agencies Transacting – If
you access Borofy, either by registration on the site or by any other means, but
do so not in your capacity as an individual but on behalf of a legal entity
either in the capacity of an agent or otherwise, you represent that you are
fully authorized to do so and the listing, posting or information placed on the
site on behalf of the legal entity is your responsibility and you agree to be
accountable for the same to other users of the Site. Borofy will neither
undertake a verification process of the agency, nor will Borofy be liable for
any dispute arising out of the same.
Liability
of Lender if he does something to render product unlendable –
If the lender has entered into an agreement with the borrower but has done
something to render the item unlendable to that borrower including but not
limited to double-booking, damage, destruction or rendering it immoveable, the
lender will bear any costs, damages or expenses arising out of such a breach of
contract, and agrees to indemnify and hold Borofy, its team, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees harmless with respect to any costs,
damages or expenses including legal fees and court costs arising out of the same.
Jurisdiction
In Case of Dispute – The terms &
conditions listed above will be governed by and will be construed and
interpreted in accordance with the Indian Laws in force at the time. In case of
any dispute, the Courts within the city of Bangalore will have exclusive
jurisdiction.