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.