Terms & Conditions
RentSher
General
This document is an electronic record within the meaning of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic
records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital
signatures.
The domain name www.Rentsher.com (hereinafter referred to as "Website") is owned by RentSher Online Rentals Pvt Ltd with its registered office at D1-004 Golden Palms, K Narayanapura Main Road, Bangalore 560077, Karnataka, India (hereinafter referred to as "Rentsher").
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website,
You are deemed to have read and agreed to these Terms of Use which, including the Privacy Policy and Dispute Resolution Policy, constitute Your binding obligations, with Rentsher.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and Terms of Use for access or usage of www.Rentsher.com website.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a provider or renter/buyer on the
Website by providing Registration Data while registering on the Website as Registered User using the computer systems.
When You use any of the services provided by Rentsher through the Website, including but not limited to, (e.g. Product Reviews, Provider Reviews), You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, including but not limited to the Privacy Policy and Dispute Resolution Policy, and they shall be deemed to be incorporated into this
Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any
time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of
changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter
and use the Website. Throughout this Terms of Use, Rentsher's prior written consent means a communication coming from Rentsher's Legal Department, specifically in response to Your request,
and specifically addressing the activity or conduct for which You seek authorization.
A.ELIGIBILITY
Use of the Website, either by registration or by any other means, is 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. If you access Rentsher, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, 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. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Rentsher reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Rentsher's notice or if it is discovered that you are under the age of 18 years.
B.RELEASE OF LIABILITY OF RENTSHER:
1.All commercial/contractual terms are offered by and agreed to between Owners and Renter/Buyers alone, in the absence of Rentsher 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. Rentsher 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 Owners and Renter/Buyers.
2.Rentsher 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. Rentsher does not implicitly or explicitly support or endorse the sale or purchase or rent of any products or services on the Website. Rentsher accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3.Rentsher 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.Rentsher 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 Rentsher have any obligations or liabilities in respect of such contract entered into between Renter/Buyers and Providers. Rentsher 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 Rentsher 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, Rentsher 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.
6.You also agree that Rentsher is not responsible or liable for any loss suffered due to damage caused to the product or reduction of value of the product in any way.
C.USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding sub-clauses:
1.You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a.belongs to another person and to which You do not have any right to;
b.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c.is misleading in any way;
d.is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e.involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
f.infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
g.promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h.promotes an illegal or unauthorized copy of another person's copyrighted work (such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files);
i.contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
j.provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
k.provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l.promotes a particular political party or cause which is inappropriate in the opinion of Rentsher;
m.contains video, photographs, or images of another person (with a minor or an adult).
n.tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o.engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
p.interferes with another User’s use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
q.refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
r.harm minors in any way;
s.solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
t.infringes any patent, trademark, copyright or other intellectual property rights or third party trade secrets or rights of publicity or privacy;
u.is fraudulent or involves the sale of counterfeit or stolen products;
v.deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w.impersonates another person or entity;
x.contains software viruses or any other computer code, including but not limited to, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents or impedes investigation of any offence or is insulting to any other nation.
2.You agree that Rentsher has full and unrestricted authority to determine whether a given entry, product, post or message falls within the purview of the restrictions outlined in the above clause, and to take necessary action in that regard.
3.If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website without notifying the User.
4.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including but not limited, the terms Rentsher, Rentsher.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Rentsher or otherwise tarnish or dilute any of Rentsher's trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name as may be owned or used by Us.
5.You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rentsher and/or others.
6.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. You shall be solely liable for any liability or loss suffered by Rentsher, arising out of your non-compliance with any applicable law as mentioned above in Sub-clause 6.
8.Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
9. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
D.CONTENT ON THE WEBSITE
1.The Website contains content which includes Your Information, Rentsher’s information and Information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Rentsher’s copyrights or trademarks. When You give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Website as well as on any of our affiliates or partners websites, publications and mobile platform.
2.Rentsher shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Rentsher views. In no event shall Rentsher assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.
3.You agree that in the event your listing, posting or your information violates any provision of this Terms of Use, Rentsher shall have the right to terminate and or suspend your membership of the Website and refuse to provide you or any person acting on your behalf, access to the Website.
4.You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. You hereby agree not to hold Rentsher or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall We, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information.
E.ROLE OF RENTSHER
1.As a registered Owner, you are allowed to list items for rent or sale to other Users on the Website in accordance with the Terms of Use, Privacy Policy and Dispute Resolution Policy. You must be legally able to rent and sell the item(s) you list for sale on RentSher. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
2.The description of the item must not be misleading or inaccurate and must describe the true and actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Renter or Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. RentSher reserves the right to delete such multiple listings of the same product listed by you in various categories.
3.Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Renter/Buyer and Owner and payment facility is merely used by the Renter/Buyer and Owner to facilitate the completion of the Transaction. Use of the payment facility shall not render Rentsher liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Rentsher's Website.
4.You have specifically authorized Rentsher or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Rentsher is on a principal to principal basis and by accepting these Terms of Use you agree that Rentsher is an independent contractor for all purposes, and does not assume control of or liability for the products or services that are listed on Rentsher's Website that are paid for by using the Payment Facility. Rentsher does not guarantee the identity of any User nor does it ensure that a Renter/Buyer or a Owner will complete a transaction.
5.You understand, accept and agree that the payment facility provided by Rentsher is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Rentsher Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Rentsher is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
6.You understand, accept and agree that Rentsher has the obligation to pay the money collected under the Payment Facility, within 15 days from the date on which the money becomes payable to you, in accordance with the terms of the transaction you have with the other User.
F.INDEMNITY
You agree to indemnify and hold Rentsher, 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.
G.APPLICABLE LAW
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The Courts in Bangalore shall have exclusive jurisdiction over any disputes arising out of the Terms of Use.
H.TRANSACTIONS IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of rent/sale in India. Rentsher makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own risk and Rentsher is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
I.ENTIRE AGREEMENT
1. This Terms of Use constitutes the entire and whole agreement between You and Rentsher, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Rentsher and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically.
2. Nothing contained in this clause will affect the applicability and binding nature of the provisions of the Privacy Policy and Dispute Resolution Policy.
3. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rentsher without restriction. Any assignment or transfer by you shall be null and void.
J.SEVERABILITY OF PROVISIONS
The Terms of Use, Privacy Policy and Dispute Resolution Policy constitute the entire agreement with respect to the use of the service provided by Rentsher. If any provision of these terms and conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
K.TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Rentsher and products are rented/sold by respective Owners. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use.
L.LIMITATION OF LIABILITY
In no event shall Rentsher be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use even if the User has been informed in advance of the possibility of such damages.
M. PROFANITY POLICY
Rentsher prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to text within listings, on Owner pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Owners to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
N.TERMS OF USE TO BE READ IN CONSONANCE WITH PRIVACY POLICY AND DISPUTE RESOLUTION POLICY
In addition to this Terms of Use, You must also agree to be bound by the provisions of our Privacy Policy, in order to have the right to use the Website. The clauses of this Terms of Use should be read in consonance with those of the Privacy Policy and Dispute Resolution Policy, and any rights and powers granted to Rentsher in the Terms of Use will be considered to be in addition to those provided in the Privacy Policy and Dispute Resolution Policy.
Terms & Conditions
RentSher
General
This document is an electronic record within the meaning of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic
records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital
signatures.
The domain name www.Rentsher.com (hereinafter referred to as "Website") is owned by RentSher Online Rentals Pvt Ltd with its registered office at D1-004 Golden Palms, K Narayanapura Main Road, Bangalore 560077, Karnataka, India (hereinafter referred to as "Rentsher").
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are
incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website,
You are deemed to have read and agreed to these Terms of Use which, including the Privacy Policy and Dispute Resolution Policy, constitute Your binding obligations, with Rentsher.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and Terms of Use for access or usage of www.Rentsher.com website.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a provider or renter/buyer on the
Website by providing Registration Data while registering on the Website as Registered User using the computer systems.
When You use any of the services provided by Rentsher through the Website, including but not limited to, (e.g. Product Reviews, Provider Reviews), You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, including but not limited to the Privacy Policy and Dispute Resolution Policy, and they shall be deemed to be incorporated into this
Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any
time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of
changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter
and use the Website. Throughout this Terms of Use, Rentsher's prior written consent means a communication coming from Rentsher's Legal Department, specifically in response to Your request,
and specifically addressing the activity or conduct for which You seek authorization.
A.ELIGIBILITY
Use of the Website, either by registration or by any other means, is 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. If you access Rentsher, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, 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. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Rentsher reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Rentsher's notice or if it is discovered that you are under the age of 18 years.
B.RELEASE OF LIABILITY OF RENTSHER:
1.All commercial/contractual terms are offered by and agreed to between Owners and Renter/Buyers alone, in the absence of Rentsher 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. Rentsher 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 Owners and Renter/Buyers.
2.Rentsher 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. Rentsher does not implicitly or explicitly support or endorse the sale or purchase or rent of any products or services on the Website. Rentsher accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3.Rentsher 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.Rentsher 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 Rentsher have any obligations or liabilities in respect of such contract entered into between Renter/Buyers and Providers. Rentsher 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 Rentsher 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, Rentsher 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.
6.You also agree that Rentsher is not responsible or liable for any loss suffered due to damage caused to the product or reduction of value of the product in any way.
C.USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding sub-clauses:
1.You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a.belongs to another person and to which You do not have any right to;
b.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c.is misleading in any way;
d.is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e.involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
f.infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
g.promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h.promotes an illegal or unauthorized copy of another person's copyrighted work (such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files);
i.contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
j.provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
k.provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
l.promotes a particular political party or cause which is inappropriate in the opinion of Rentsher;
m.contains video, photographs, or images of another person (with a minor or an adult).
n.tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o.engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.
p.interferes with another User’s use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
q.refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
r.harm minors in any way;
s.solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
t.infringes any patent, trademark, copyright or other intellectual property rights or third party trade secrets or rights of publicity or privacy;
u.is fraudulent or involves the sale of counterfeit or stolen products;
v.deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
w.impersonates another person or entity;
x.contains software viruses or any other computer code, including but not limited to, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents or impedes investigation of any offence or is insulting to any other nation.
2.You agree that Rentsher has full and unrestricted authority to determine whether a given entry, product, post or message falls within the purview of the restrictions outlined in the above clause, and to take necessary action in that regard.
3.If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website without notifying the User.
4.You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including but not limited, the terms Rentsher, Rentsher.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Rentsher or otherwise tarnish or dilute any of Rentsher's trade or service marks, trade name and/or goodwill associated with such trade or service marks or trade name as may be owned or used by Us.
5.You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rentsher and/or others.
6.You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. You shall be solely liable for any liability or loss suffered by Rentsher, arising out of your non-compliance with any applicable law as mentioned above in Sub-clause 6.
8.Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
9. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
D.CONTENT ON THE WEBSITE
1.The Website contains content which includes Your Information, Rentsher’s information and Information from other users. You agree not to copy, modify, or distribute such content (other than Your Information), Rentsher’s copyrights or trademarks. When You give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, , publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Website as well as on any of our affiliates or partners websites, publications and mobile platform.
2.Rentsher shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Rentsher views. In no event shall Rentsher assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.
3.You agree that in the event your listing, posting or your information violates any provision of this Terms of Use, Rentsher shall have the right to terminate and or suspend your membership of the Website and refuse to provide you or any person acting on your behalf, access to the Website.
4.You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. You hereby agree not to hold Rentsher or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall We, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information.
E.ROLE OF RENTSHER
1.As a registered Owner, you are allowed to list items for rent or sale to other Users on the Website in accordance with the Terms of Use, Privacy Policy and Dispute Resolution Policy. You must be legally able to rent and sell the item(s) you list for sale on RentSher. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
2.The description of the item must not be misleading or inaccurate and must describe the true and actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Renter or Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. RentSher reserves the right to delete such multiple listings of the same product listed by you in various categories.
3.Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Renter/Buyer and Owner and payment facility is merely used by the Renter/Buyer and Owner to facilitate the completion of the Transaction. Use of the payment facility shall not render Rentsher liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Rentsher's Website.
4.You have specifically authorized Rentsher or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Rentsher is on a principal to principal basis and by accepting these Terms of Use you agree that Rentsher is an independent contractor for all purposes, and does not assume control of or liability for the products or services that are listed on Rentsher's Website that are paid for by using the Payment Facility. Rentsher does not guarantee the identity of any User nor does it ensure that a Renter/Buyer or a Owner will complete a transaction.
5.You understand, accept and agree that the payment facility provided by Rentsher is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Rentsher Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Rentsher is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
6.You understand, accept and agree that Rentsher has the obligation to pay the money collected under the Payment Facility, within 15 days from the date on which the money becomes payable to you, in accordance with the terms of the transaction you have with the other User.
F.INDEMNITY
You agree to indemnify and hold Rentsher, 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.
G.APPLICABLE LAW
These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The Courts in Bangalore shall have exclusive jurisdiction over any disputes arising out of the Terms of Use.
H.TRANSACTIONS IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of rent/sale in India. Rentsher makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own risk and Rentsher is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
I.ENTIRE AGREEMENT
1. This Terms of Use constitutes the entire and whole agreement between You and Rentsher, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Rentsher and its users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically.
2. Nothing contained in this clause will affect the applicab Rentsher
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