Effective 28th February 2018
Thank you for using Garag
For the purpose of this document the term ‘user’ , ‘borrower’ or ‘lender” means any person who accesses or avails the services offered at www.Garag.com for the purpose of transacting, displaying, downloading or uploading information, products or views and includes other persons jointly participating in using the computer recourses of Garag.
This terms and conditions are effective from January 01, 2018 and continue until revoked by the Company.
1. DEFINITION OF SERVICES
1.1 Through the Website or our App, the Company permits renting variety of products such as but not limited to wedding dresses, suits and dresses, shoes, tools and machinery, constructions equipment, home appliances, electronics, furniture, bikes, party supplies, toys and other materials for children, accessories, books, musical instruments, games and toys, salon supplies, sports tools, pet supplies, books, Halloween products and Christmas items to people wanting to rent the same (hereinafter referred to as “ Products ”). In other words, Garag is an app and website based rental marketplace that connects lenders & borrowers, enabling people to borrow Products for a particular duration of time at a pre-defined price (hereinafter collectively referred to as “ Services ”)
2.1 To register as a lender or borrower at the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized fee, if any.
2.2 Lenders and borrowers represent that they are not minors ( 18 or above ) and are not persons with any criminal record nor barred by the government from receiving any services under any law in USA. Lenders and borrowers agree to the following:
• Provide accurate, current, true and complete information about them while registering on our Website or App.
• Maintain and promptly update their profiles and registration data to keep it accurate, true, current and complete.
2.3 Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
2.4 When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify the Company of any unauthorized use of password or account or any other security breach by emailing Support@garag.com
2.5 You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
3. PROPRIETARY RIGHTS AND TRADEMARKS
3.1 The Site contains copyright materials, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary materials displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
3.2 The Company owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded materials will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1 Lenders and borrowers expressly agree that use of Products is at their sole risk. Neither the Company and its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the materials provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the Lender and/or Borrower whether on the Site or otherwise. The Lenders and borrowers must use their discretion before availing Services of the Company.
4.2 Lenders & borrowers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services or Products. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
4.3 The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users, lenders and borrowers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
4.4 The Company does not warrant or guarantee that the information contained on the App and or the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
4.5 The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. Lenders and borrowers are responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
4.6 Force majeure : the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
5.1 Borrower and lender shall be responsible for obtaining and maintaining all, computer hardware, software and other equipment needed for access to and use of the App and or the Website and all charges related thereto shall be borne by the concerned parties.
5.2 The Company will not be liable and you agree not to claim for any direct, indirect, incidental, exemplary or consequential loss or damages which may be incurred by borrower or lender as a result of using our Services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent, and that in such conditions limitation of liability laws and clause apply.
6.1 You may view, download and copy information and materials available on this Website solely for your personal, non-commercial use. Even though the Company does everything in its hand to protect both your information and financial transaction details, the App and the Site are not liable for any fraud, theft or financial misdemeanour that may occur because of your financial transactions on our Site.
6.2 In using the Services, you agree not to engage in any of the following prohibited activities:
6.3 You understand that when using the Platform, you will be exposed to Content from a variety of sources, and that Garag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory or libellous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Garag with respect thereto.
6.4 You agree to not abuse other users directly or indirectly, and acknowledge and agree that Garag reserves the right to delete Borrower or Lender accounts that are deemed offensive using qualifying criteria at Garag’s sole discretion, and hereby agree not to discriminate against other users whilst dealing with them whilst using any of the Garag mobile or web application platforms.
6.5 You agree to not list or upload items that are unusable or not functioning properly, and you agree to be held responsible for doing so and therefore waive any rights to claim ignorance of defects or unusability of any product you uploaded under your account.
6.6 You agree to not list or upload items’ pictures that don’t look like the physical item, and agree that all repercussions as highlighted in clause 6.5 above apply for all such incidence where this occurs.
6.7 You agree to not violate any other user’s privacy, where privacy refers to any such acts by you that directly or indirectly falls outside the limitations of this agreement and guidelines for interaction with other users.
6.8 You agree to provide accurate contact information, and acknowledge that any delay or inability of a user (Borrower or Lender) to complete a transaction as a result of falsified or incomplete information provided by you will be considered a willful and deliberate attempt at committing fraud, and you further agree and acknowledge that under such circumstances, Garag reserves the right to delete your account and share any identifiable information about you with local authorities in situations where a crime has been reported against your account, you further agree to waive any right of contest to any penalties that may be additionally issued by Garag as compensation to the offended party.
6.9 You agree to not upload, list, or promote any Objectionable Content on Garag where such Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. You further understand that failure to comply could lead to Garag implementing its right to delete your account, and remove such content.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Since the Services require all users borrowers and lenders to create an account, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using user’s account or password.
8. PAYMENT SECURITY
Garag has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
All comments, feedback, information or materials submitted to the Company through or in association with our Website shall be considered non-confidential and Company’s property. By submitting such comments, information, feedback, or materials to us, you agree to a no-charge assignment to the Company of worldwide rights to use, copy, modify, display and distribute the submissions. The Company may use such comments, information or materials in any way it chooses in an unrestricted basis. Users are welcome to provide candid feedback to us at feedback@Garag.com
Lender and borrower understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor to make sure you submit taxes as applicable to your specific transaction. Garag will not be liable for any non-compliance should one happen in this regard.
11. DISPUTE RESOLUTION AND JURISDICTION
11.1 This document will be construed and governed by the laws of the USA and courts in the state of Delaware shall have exclusive jurisdiction with respect to any dispute arising out of this document.
12. GENERAL PROVISIONS AND TERMINATION
12.1 If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire agreement between you and the Company concerning your use of the Site. If you have questions regarding the Agreement, please email: feedback@Garag.com
12.2 You agree that we may, at our sole discretion, permanently or temporarily suspend or terminate your access to all or parts of the Garag Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement, and/or any suspected illegal and/or fraudulent or abusive and/or competitive activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site will immediately cease. However, Garag will take needed precautions in order to close any pending transaction of any user before his/her account is permanently terminated.
12.3 You may delete your account at any time, for any reason by Sending an email to Support@garag.com . All request for account deactivation will take a minimum of 72 hours to make sure the account is not in negative . In the event you intend to delete your account, as a borrower you will not be able to delete your account unless you don’t have any booking request in place otherwise you will be able to delete your account with Garag. As a lender, you will be able to delete your Garag account after all bi weekly payments are settled. The Company may terminate your access to the App and or the Site and/or your subscription for any reason effective upon sending notice to you at the email address as provided by you. If the Company terminates your subscription for breach of terms of this Agreement, you will not be entitled to any refund of any unused subscription fees, if any, paid by you.
12.4 Lenders can’t delete any listed item if that item is being lent by a borrower. Or if the transaction is not yet marked “Closed” and still in progress.
12.5 You may delete and/or edit your credit cards details at any time as long as there is no pending transaction. Once all transactions are closed successfully and no disputes are charged against the borrower then he/she has the full authority to delete and or edit his credit cards information by Emailing GaraG on email@example.com
IN WITNESS WHEREOF, all users and visitors agree that they have read this document and agrees to be bound by them for as long as they continue to either use the Site or avail Services of the Company.
LENDERS & BORROWERS TERMS AND CONDITIONS
NOTE: IN OUR TERMINOLOGY MONTHLY TRASACTION MEANS AN ITEM IS BEING RENTED FOR A TOTAL OF 30 CONSECUTIVE DAYS. WEEKLY TRANSACTION MEAN AN ITEM IS BEING RENTED FOR 7CONSECUTIVE DAYS. DAILY TRANSACTION MEAN AN ITEM IS RENTED FOR ONE DAY AT LEAST AND FOR 6 CONSECTUIVE DAYS.
CANCELLATIONS AND REFUNDS
Scenario (A ) Same pick up day cancellation : Both Lender & Borrower are eligible to cancel a transaction. In case of cancellation there will be a deduction of 20% from the earning if the transaction was cancelled by the lender, and from the total rental price if the transaction was cancelled by the borrower plus the other administrative fees that apply.
Scenario (B ) Before Pick up day cancellation: Both Lender & Borrower are eligible to cancel a transaction. In case of cancellation there will be a deduction of 20% from the earning if the transaction was cancelled by the lender, and from the total rental price and or Deposit if the transaction was cancelled by the borrower plus the other administrative fees that apply.
Scenario (C) After Pick Up Day cancellation: Generally speaking there should be n cancellation once item is picked up. However, Garag gives authority to the Lenders to be in charge of the cancelation policies if the borrower decides to cancel the transaction once the item is picked up. However, in certain instances, Garag involves to refund the borrower if the reason of cancellation is falling under the valid cancellation policy of Garag.
What is the valid cancellation policy of Garag?
This is done only after proper confirmation with both parties. In case of both parties (Borrower and Lender) fail to reach an agreement, then Garag may provide an independent opinion to help resolving the issue. However, if both parties again fail to reach an agreement, then Garag will hold the deposit and will not release any part of it to any party until they reach a resolution on their own or through the authorities.
Lender must upload on the Website documents relating to Lender’s personal identity and details of permanent address (collectively “ IDs ”), including skill or competency, Lender’s terms and conditions, if any, which should be visible to Borrowers / users. If the Services require the entry of Borrower at Lender’s premises, Lender must ensure supervision over the Borrower.
Item is damaged
Two weeks after Garag receives the claim
Item is lost
Two weeks of reporting lost item
MONETARY TRANSACTION FLOW
For details and manners on how the lender or borrower will be charged, including each party’s responsibility with respect to monetary transactions, please refer to the below:
For Lender : He/she must insert his billing information that include full name , Bank Name, Bank account number , and the routing number . All bi-weekly transactions will be deposited into these billing information provided by the Lender.
For Borrower : He/she must insert his credit cards details that includes: the Credit Card number , expiry Date , CVV number ( three digits number written at the back of each credit card number), and Card holder full name . All monetary transactions will be deducted from this Credit card provided by the Borrower.
For Lender :
a) Before Scheduled Pickup day: Garag team will refund the borrower 100% of total rent price. 20% administrative fees will be deducted from the lender’s earnings. The refund processing timeline through Garag team will take at least 72 hours
b) Same Scheduled Pickup day : Garag team will refund the borrower 100% of total rent price. 20% of the total rental price will be deducted as administrative fees from the lender’s earnings. The refund processing timeline through Garag team will take at least 72 hours.
c) After picking the item and before agreed return time : The Lender is eligible to request transaction’s cancellation by sending to firstname.lastname@example.org . However, Garag will not pay-out the rental fees of that transaction to the lender. On the other side, the borrower will be granted free rental transaction of the same item at the same rental price or any other item at the same rental price within a period of 5 days.
For Borrower :
c) After picking the item and before agreed return time : The borrower is eligible to return the item before the rental period due, he will need to go to dashboard and tap on end transaction then taking post proof video. The lender should be aligned and in all cases there will no refund and the deposit amount will be refunded once the Lender confirm that his/her item is in good condition. The deposit refund process will take at least 72 hours.