LAST REVISION: [25-May-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Terms of Service Agreement (the "Agreement") governs your use of this Website/Mobile Application, www.letzrent.com (the "Website/Mobile Application "), RENT AGGREGATORS PRIVATE LIMITED ("Business Name") offer of products for rent on this Website/Mobile Application. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. RENT AGGREGATORS PRIVATE LIMITED reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website/Mobile Application. RENT AGGREGATORS PRIVATE LIMITED will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website/Mobile Application. Your use of the Website/Mobile Application following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Rent Aggregators Private Limited encourages you to review this Agreement whenever you visit the Website/Mobile Application to make sure that you understand the terms and conditions governing use of the Website/Mobile Application. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Rent Aggregators Private Limited for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website/Mobile Application.
I. PRODUCTS ON RENT: Terms of Offer: This Website/Mobile Application offers for rent of its products (the "Products"). By placing an order for Products through this Website/Mobile Application, you agree to the terms set forth in this Agreement. We may add products to our Website/Mobile Application at our own discretion and Customer Solicitation: Unless you notify our or Alliance Partners or third party call center reps or direct Rent Aggregators Private Limited, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations. Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: firstname.lastname@example.org 3. You may send a written remove request to I/2002 Marina Enclave, Jankalyan Nagar, Malad west, Mumbai, MH-400095.
II. WEBSITE/MOBILE APPLICATION Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website/Mobile Application also offers information and marketing materials of Alliance Partners. This Website/Mobile Application also offers information, both directly and through indirect links to third-party Website/Mobile Application s, about its products. Rent Aggregators Private Limited does not always create the information offered on this Website/Mobile Application; instead the information is often gathered from other sources. To the extent that Rent Aggregators Private Limited does create the content on this Website/Mobile Application, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website/Mobile Application is for personal, noncommercial use. Any links to third-party Website/Mobile Application s or persons associated with us in the name of Alliance Partners are provided solely as a convenience to you Rent Aggregators Private Limited does not endorse the contents on any such third-party Website/Mobile Application s. Rent Aggregators Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Website/Mobile Application s. If you link to third-party Website/Mobile Application s, you do so at your own risk. Use of Website/Mobile Application: Rent Aggregators Private Limited is not responsible for any damages resulting from use of this Website/Mobile Application by anyone. You will not use the Website/Mobile Application for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website/Mobile Application (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website/Mobile Application by other users, (3) not resell material on the Website/Mobile Application , (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website/Mobile Application . License: By using this Website/Mobile Application, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website/Mobile Application in connection with your normal, noncommercial, use of the Website/Mobile Application. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Rent Aggregators Private Limited or the applicable third party (if third party content is at issue). Posting: By posting, storing, or transmitting any content on the Website/Mobile Application, you hereby grant Rent Aggregators Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Rent Aggregators Private Limited does not have the ability to control the nature of the user-generated content offered through the Website/Mobile Application and nor of its products. You are solely responsible for your interactions with other users of the Website/Mobile Application and any content you post. Rent Aggregators Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Rent Aggregators Private Limited] reserves the right, but has no obligation, to monitor interactions between and among users of the Website/Mobile Application and to remove any content Rent Aggregators Private Limited deems objectionable, in its sole discretion.
III. DISCLAIMER OF WARRANTIES YOUR USE OF THIS WEBSITE/MOBILE APPLICATION AND/OR PRODUCTS FOR RENT ARE AT YOUR RISK AND ASSOCIATED WITH THE ALLIANCE PARTNER WITH WHOM WE WILL BE ASSOCIATED WITH. THE WEBSITE/MOBILE APPLICATION AND PRODUCTS ARE OFFERED ON RENT AN "AS IS" AND "AS AVAILABLE" BASIS. RENT AGGREGATORS PRIVATE LIMITED IS MERE A EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, PRODUCT WARRANTY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE/MOBILE APPLICATION CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE/MOBILE APPLICATION CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RENT AGGREGATORS PRIVATE LIMITED MAKES NO WARRANTY. THAT THE INFORMATION PROVIDED ON THIS WEBSITE/MOBILE APPLICATION IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY WEBSITE/MOBILE APPLICATION S ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE/MOBILE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED BY ALLIANCE PARTNERS ONLY. REGARDING ANY PRODUCTS OBTAINED ON RENT THROUGH THE WEBSITE/MOBILE APPLICATION RENT AGGREGATORS PRIVATE LIMITED WILL NOT BE RESPONSIBLE ON THE FULLFILLMENT AND YOU WILL HAVE TO ADHERE TO THE TERMS AND CONDITIONS OF THE ALLIANCE PARTNER WHOES PRODUCT YOU WILL OBATAIN ON RENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY RENT AGGREGATORS PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE/MOBILE APPLICATION CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS HIRED ON RENT VIA THE WEBSITE/MOBILE APPLICATION . RENT AGGREGATORS PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE/MOBILE APPLICATION CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS HIRED ON RENT OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE/MOBILE APPLICATION ; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION You will release, indemnify, defend and hold harmless Rent Aggregators Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website/Mobile Application content or your use of the Website/Mobile Application content; (3) the Products you have hired on rent 4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Rent Aggregators Private Limited. When Rent Aggregators Private Limited is threatened with suit or sued by a third party, Rent Aggregators Private Limited may seek written assurances from you concerning your promise to indemnify Rent Aggregators Private Limited; your failure to provide such assurances may be considered by Rent Aggregators Private Limited to be a material breach of this Agreement. Rent Aggregators Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website/Mobile Application content or Products, with counsel of Rent Aggregators Private Limited choice at its expense. Rent Aggregators Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Rent Aggregators Private Limited against any claim, but you must receive Rent Aggregators Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website/Mobile Application or Products.
VI. AGREEMENT TO BE BOUND By using this Website/Mobile Application or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/Mobile Application along with the terms and conditions of the alliance partners.
VII. GENERAL Force Majeure. Rent Aggregators Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation. Rent Aggregators Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website/Mobile Application and distribution of the Products. Entire Agreement. This Agreement comprises the entire agreement between you and Rent Aggregators Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of Rent Aggregators Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; Jurisdiction. This Website/Mobile Application originates from the Mumbai, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Rent Aggregators Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website/Mobile Application or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website/Mobile Application or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. Termination. Rent Aggregators Private Limited reserves the right to terminate your access to the Website/Mobile Application if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website/Mobile Application and Rent Aggregators Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website/Mobile Application is terminated, Rent Aggregators Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website/Mobile Application. This Agreement will survive indefinitely unless and until Rent Aggregators Private Limited chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use. Rent Aggregators Private Limited makes no representation that the Website/Mobile Application or Products are appropriate or available for use in locations outside India. Users who access the Website/Mobile Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.Assignment. You may not assign your rights and obligations under this Agreement to anyone. Rent Aggregators Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE/MOBILE APPLICATION OR RENTING PRODUCTS FROM THIS WEBSITE/MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALLIANCE PARTNERS WHOES PRODUCT YOU ARE HIRING ON RENT.