TERMS AND CONDITIONS

Last Updated 1st of June 2020

 

1.   Agreement to Terms     

 1.1 These Terms and Conditions, as amended from time to time, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Ajjerni, located at Geitawi Beirut, Beirut 00000 Lebanon (weus), concerning your access to and use of the Ajjerni (www.ajjerni.com) website (the Site).  

The Site provides the following services: Ajjerni is a peer to peer lending/borrowing marketplace where users lend and borrow to and from others (the Services). The Services thus consist of an online platform that provides a place and opportunity for lending and borrowing goods to and from the users acting as Lender and Borrower, as the case may be. The actual item lending contract (the “Contract”) is directly, exclusively, and solely entered into by and between the Lender and the Borrower, whereas we are not a party to any such Contracts. You hereby expressly and irrevocably acknowledge and recognize that we are not a party to any such Contracts. Consequently, we accept no liability or obligations whatsoever in any way related or connected to these Contracts and we are not obligated to monitor any Contract nor resolve any disputes between users, parties to any Contract. You further acknowledge that you are solely responsible for your interactions and exchanges with other users, including without limitation, any and all Contracts. You agree that by accessing the Site and/or the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions, as amended from time to time.  

If you do not agree with all of these Terms and Conditions, as amended from time to time, then you are prohibited from using the Site and the Services and you must discontinue use immediately.

We recommend that you print a copy of these Terms and Conditions for future reference.  

1.2 Any supplemental policies, terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  

1.3 We may, at our own and sole discretion, make changes to these Terms and Conditions at any time, without notice. The updated version of these Terms and Conditions will be indicated by an updated revised date and the updated version will be effective as soon as it is accessible and shall henceforth supersede any and all previous versions. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes without reservation.  

1.4 We may, at our own and sole discretion, update or change the Site from time to time to reflect changes to our Services, our users' needs and/or our business priorities or for any other reason whatsoever.  

1.5 Our site is directed to people residing in Lebanon. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

1.6 The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 

 

2.    Acceptable Use    

2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our Services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

2.2 As a user of this Site, you agree not to:  

  ● Systematically retrieve data or other content from the Site to a compile database or directory without prior and explicit written permission from us  

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses  

● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use  

● Engage in unauthorized framing of or linking to the Site  

● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords  

● Make improper use of our support services, or submit false reports of abuse or misconduct  

● Attempt to impersonate another user or person, or use the username of another user  

● Sell or otherwise transfer your profile  

● Use any information obtained from the Site in order to harass, abuse, or harm another person  

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site  

● Attempt to access any portions of the Site that you are restricted from accessing  

● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users  

● Delete the copyright or other proprietary rights notice from any of the content  

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism  

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site  

● Use the Site in a manner inconsistent with any applicable laws or regulations  

● Threaten users with negative feedback or offering services solely to give positive feedback to users  

● Misrepresent experience, skills, or information about a user 

● Falsely imply a relationship with us or another company with whom you do not have a relationship   

● Act or behave in any way that violates the requirements of Good Faith while accessing and/or using the Site and/or the Services

 

3.   Information You Provide to Us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you fulfill the requirement instated in Section 1.6.  

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at admin@ajjerni.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may, at our own and sole discretion, suspend or terminate your account. We may freely remove or change a user name you select if we determine that such user name is inappropriate.  

   

4.    Content You Provide to Us  

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.    

4.2 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy as per Section 2 here above.    

4.3 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 

4.4 We have the right to remove, at any time and under any circumstances, any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  

4.5 We reserve the right, at any time and under any circumstances, to repost, copy or otherwise use any User Content you put on the Site, as deemed necessary by us and at our own and sole discretion, within the scope of the Services and in compliance with these Terms and Conditions and our Privacy Policy, as amended from time to time. Such use may, without limitation, consist of reposting any User Content you put on the Site, on any other online platform or social media page managed by us, if any. You thus expressly agree to and acknowledge our right to repost, copy or otherwise use any User Content you put on the Site, as per this present Section.

4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory and we are not responsible and accept no liability for any loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content freely and at our own and sole discretion, without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values and may not be attributed to us in any way, sort or form, under any and all circumstances.

4.6 If you wish to complain about User Content uploaded by other users please contact us at admin@ajjerni.com.     

 

5.   Our Content    

5.1  Unless otherwise indicated, the Site and the Services including, without limitation, source code, databases, functionality, software, website designs, audio, video, text, logos, photographs, and graphics on the Site (Our Content) are owned and/or licensed to us, and are protected by copyright and trade mark laws. Nothing pertaining to or in any way related to the Site and/or the Services may be construed as granting, be it directly or indirectly, any intellectual property rights on Our Content to any party.   

5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, the Services and/or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use and in complete compliance with the Terms and Conditions, as amended from time to time.   

5.4  You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make, for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site and you must refer to your personal judgment, awareness and reasoning, conduct the appropriate verification and reflection and implement caution and safety measures before taking, or refraining from taking, any action on the basis of the content on the Site. 

5.7 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

 

6.   Link to Third Party Content   

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

 

7.    Site Management     

7.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights, interests, business and property and to facilitate the proper functioning of the Site and the Services.  

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses. You thus acknowledge and accept the risks involved in using the Site and/or the Services.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

 

8.    Modifications to and Availability of the Site     

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue, at our sole discretion, all or part of the Services without notice at any time and for any reason.    

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

 

9.    Disclaimer/Limitation of Liability     

9.1 The Site and the Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or the Services will be at your sole risk and in accordance with these Terms and Conditions, as amended from time to time. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or law) in connection with the Site and/or the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site or the Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

9.2 Our responsibility for loss or damage suffered by you: 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

    

10.    Term and Termination     

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or the Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at admin@ajjerni.com.  

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site and/or the Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

10.3 If we terminate or suspend your account for any reason set out in this Section 10, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.   

 

11.    General       

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by other than electronic means.  

11.2 These Terms and Conditions, as amended from time to time, and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions, as amended from time to time, shall not operate as a waiver of such right or provision.   

11.4 We may, without restriction, assign any or all of our rights and obligations to others at any time; whereas you may not, under any and all circumstances, transfer or assign any of your rights or obligations. 

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

11.6 If any provision or part of a provision of these Terms and Conditions, as amended from time to time, is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or the Services.     

11.8 The following are trademarks of Ajjerni. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use in compliance with these Terms and Conditions, namely Section 5. Nothing in these Terms and Conditions, as amended from time to time, may be construed as granting you any intellectual property rights whatsoever in this regard.     

11.9 A person who is not a party to these Terms and Conditions shall have no right whatsoever to enforce any provision of these Terms and Conditions. 

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at admin@ajjerni.com or by post to: 

Ajjerni  

Geitawi

Beirut, Beirut 00000   

Lebanon 

11.11 These Terms and Conditions are governed by the Laws of Lebanon. These laws will apply no matter where in the world you live. You agree that any dispute or claim arising from the Terms and Conditions will be settled by the competent courts of Lebanon.

 

12. Provisions addressed to the Lenders

12.1 Concluded Contracts

In your capacity as a Lender, you may freely, at your own and sole discretion, decide to accept or to decline any request made by another user acting as a Borrower. However, you hereby recognize that upon accepting a request made by a user acting as a Borrower to enter into a Contract with the latter, a legally binding agreement is formed and executed by and between yourself and said Borrower. Once you have entered into a binding Contract with a given Borrower as exposed herein, you agree to communicate with said Borrower for the purpose of arranging and agreeing on the delivery and the return of the item, object of the Contract.

12.2 Item Display and Description

Through the Site and the Services, Lenders will display items they would like potential Borrowers to borrow (the Item) in accordance to Contracts entered into by and between a relevant Lender and Borrower. When displaying Items, the Lender undertakes to: provide inclusive, complete and precise information about the Item, expose any and all deficiencies, deficit, restrictions and/or requirements related to the Item, and provide any other information or detail relevant to the Item that may be reasonably expected to be disclosed in this regard as well as any information that may be requested by us. The display and the description of an Item as listed by the Lender must be accurate and precise, allowing a reliable depiction of the Item’s quality, condition and specification. We reserve the right to require a minimum number of images or videos or sufficient information for the description and the listing of the Items. Lenders hereby agree to completely abide by any such requirements. Any and all information, images, videos or other elements displayed and listed by the Lender shall constitute User Content as governed by Section 4 of these Terms and Conditions. Furthermore, we accept no obligation to check, verify, test or otherwise examine any Item displayed by any Lender and we are not responsible and accept no liability whatsoever, whether directly or indirectly for; without limitation, all/any deficiency, unconformity, malfunction or defect, hidden or visible, of any/all natures, kinds or forms that may affect an Item.  

 

12.3 Lending Fee and Payment Modalities

You, in your capacity as a Lender, are solely responsible for fixing the price you deem appropriate for lending your Item by a potential Borrower through the Site and/or the Services. Such price (the Lending Fee) shall be in Lebanese Pounds and shall be all inclusive and shall cover, without limitation, any applicable taxes and/or any other charges such as delivery fees.

Once a Borrower requests to rent an Item, based on the information and the Lending Fee you are displaying on the Site in this regard, you may not request a higher Lending Fee from the Borrower and may only accept or decline such request as per the provisions of Section 12.1 here above.

For the time being, the sole applicable and available and permitted payment modality of the Lending Fee owed by the Borrower to the Lender is in cash, in Lebanese Pounds, due and payable upon and simultaneously with the delivery of the Item by the Lender to the Borrower (the Delivery Date). On said Delivery Date, the Borrower shall settle the totality of the Lending Fee to the Lender as per the herein instated provisions.

You are hereby informed that we reserve the right to amend available payment modalities by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.

12.4 Prohibited Items

The following Items may not be displayed, listed, described, lent, borrowed or otherwise dealt in on the Site and/or the Services:

  • Live animals and insects
  • Items made or derived from animals, including, but not limited to, endangered species and exotic animals
  • Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
  • Human beings, human remains, body parts and items made from human remains, except for hair
  • Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
  • Items or listings that promote, support or seek to engage users in illegal activity
  • Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
  • Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
  • Counterfeit items
  • Unauthorized resale of tickets
  • Stolen or Illegal goods
  • Illegal services not limited to prostitution
  • Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
  • Used undergarments and intimate items
  • Recalled items or items that present unreasonable risk of harm
  • Mislabeled goods
  • Consumables
  • Guns, knives, and any kind of weapons

We reserve the undisputed and unrestricted right to amend this list of Prohibited Items at any time, and for any or no reason, at our own and sole discretion, and to remove any Item displayed on the Site and/or the Services whether or not said Item is included in the herein list, as amended from time to time.

12.5 Representations and Warranties Pertaining to the Items

Upon acting as a Lender bound by a Contract you represent and warrant that you are licensed, duly authorized and permitted to lend the Item to the Borrower and that displaying said Item on the Site and/or Services and any and all resulting consequences do not violate any agreement you may have with any third party, nor any third party’s proprietary rights, nor any applicable laws, tax requirements or other rules or regulations.

12.6 Acknowledgements and Release

You hereby reiterate, in your capacity as a Lender, your irrevocable acknowledgement that any Contract entered into by and between yourself and a Borrower does not involve us in any way, sort or form, as we remain at all times and under all and any circumstances a third party to any such Contracts. Your contractual relationship pertaining to the item lending transaction as governed by a relevant Contract is solely and exclusively by and between yourself and the Borrower.

Furthermore, you recognize the risks involved and inherent to the conclusion of a Contract through the Site and/or the Services and therefore assume all risks in this regard. You therefore expressly and irrevocably, to the maximum extent permitted by law, waive and release us from any and all liability, claims, or causes of action or damages arising from your use of the Site and/or the Services as a Lender and/or resulting from or in any way related to any Contract you have entered into with a Borrower and/or caused by the latter’s failure to fulfill any/all of his/her/its obligations in this regard.

 

13. Provisions addressed to the Borrowers

13.1 Requests to Borrow in view of Entering into Potential Contracts

You may, through the Site and/or the Services, submit, in your capacity as a Borrower, requests to Lenders in view of borrowing displayed Items that are of interest to you, in compliance with the requirements set by us and/or the relevant Lender. You hereby acknowledge and recognize that we have no obligation whatsoever to verify or in any way assess your request as exposed herein, prior to delivering it to the Lender via the Site and/or the Services. We however reserve the right to do so, at our own and sole discretion.

 

Any request made by a user acting as a Borrower, may be withdrawn by the latter provided: (i) the Borrower notifies us in advance, and (ii) such withdrawal has occurred before the relevant Lender has accepted said request, as per Section 12.1 above. 

In the event the relevant Lender accepts a request made by you, in your capacity as a Borrower, we shall notify you of such acceptance via the Site and/or the Services. In alignment with Section 12.1, you are hereby advised that, simultaneously with such acceptance; a legally binding agreement shall be formed and executed by and between yourself and the designated Lender.

13.2 Once you have entered into a binding Contract with a given Lender as exposed here above, you agree and undertake to pay the latter a Lending Fee as displayed by said Lender on the Site in relation to the selected Item, object of the Contract, and in accordance with the payment modality stipulated in Section 12.3 above instating that for the time being, the sole applicable and available and permitted payment modality of the Lending Fee owed by the Borrower to the Lender is in cash, in Lebanese Pounds, due and payable upon and simultaneously with the delivery of the Item by the Lender to the Borrower (the Delivery Date). On said Delivery Date, you, in your capacity as the Borrower, shall settle the totality of the Lending Fee to the Lender as per the herein instated provisions.

You are hereby informed that we reserve the right to amend available payment modalities as instated herein and/or in Section 12.3 by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.

13.3 License to Use and Return Date

The Borrower hereby acknowledges and recognizes that by entering into any Contracts with any Lender, through the Site and/or the Services, said Borrower is being granted, by the relevant Lender, a limited license to borrow and use the Item, object of the Contract, for a specific period of time agreed upon by common and mutual consent by and between the Lender and the Borrower, parties to the Contract.

You, in your capacity as a Borrower, undertake to use the Item for the purpose it is intended to be used for and in compliance with any and all applicable laws, rules and regulations, to return the Item to the Lender no later than on the date agreed upon by common and mutual consent by and between you and the Lender (the Return Date) and to communicate with the Lender for the purpose of coordinating the delivery and the return of the Item.

Should you, as a Borrower, retain the Item beyond the agreed upon Return Date or refrain from communicating with the Lender as exposed herein, your granted license to borrow and use the Item as per this present Section, shall be automatically revoked and the Lender shall be entitled to implement any and all means compliant with the applicable laws to ensure the return of the Item. Also, we may, in such case and at our own and sole discretion, suspend or terminate your account.

Furthermore, and in addition to the previously mentioned Lending Fee, you, in your capacity as a Borrower, agree to settle a Late Fee Penalty to the Lender for each day that you retain the Item beyond the agreed upon Return Date. This Late Fee Penalty shall be fixed in advance in the Contract entered into, by common and mutual consent, between yourself and said Lender. The Late Fee Penalty provided herein is cumulative and not exclusive of any other remedies provided by law and/or these Terms and Conditions, as amended from time to time.

13.4 Preservation and Use of the Item

You, in your capacity as a Borrower, acknowledge and recognize that you are responsible for the return of the Item to the relevant Lender, in compliance with the entered into Contract between the latter and yourself and the therein specified Return Date, in the same condition it was provided to you. You are solely and entirely responsible and liable towards the Lender for your own behaviors, acts, omissions and decisions pertaining to the use of the Item under the Contract as well as for those of any third party you have provided access to or use of the Item. If the Item is damaged, lost, stolen or destroyed, you undertake to pay a compensation for such damage, loss or destruction of the Item directly to the Lender amounting to the fair market value of said Item, as reasonably assessed and evaluated by the Lender.

13.5 Representations and Warranties

By acting as a Borrower through the Site and/or the Services, you represent and warrant that: you have read and accepted the description of the Item as displayed on the Site/Services by the relevant Lender; that you possess the required funds to cover any and all entailed fees, potential charges, and possible compensations related to borrowing the Item; that you accept responsibility for the Item as per Section 13.4 here above and irrevocably agree to settle any resulting fees, charges and/or compensation as exposed in these Terms and Conditions, as amended from time to time; and that you undertake to use the Item for the purpose it is intended to be used for and in compliance with any and all applicable laws, rules and regulations.

13.6 Acknowledgements and Release

You hereby reiterate, in your capacity as a Borrower, your irrevocable acknowledgement that any Contract entered into by and between yourself and a Lender does not involve us in any way, sort or form, as we remain at all times and under all and any circumstances a third party to any such Contracts. Your contractual relationship pertaining to the item lending transaction as governed by a relevant Contract is solely and exclusively by and between yourself and the Lender.

Furthermore, you recognize the risks involved and inherent to the conclusion of a Contract through the Site and/or the Services and therefore assume all risks in this regard. You therefore expressly and irrevocably, to the maximum extent permitted by law, waive and release us from any and all liability, claims, or causes of action or damages arising from your use of the Site and/or the Services as a Borrower and/or resulting from or in any way related to any Contract you have entered into with a Lender and/or caused by the latter’s failure to fulfill any/all of his/her/its obligations in this regard.

 

14. Free No Commission Operation in Support of the THAWRA

For the time being and in support of the THAWRA, we shall not charge our users, acting as Lenders and/or Borrowers, any fee or commission for using the Site and/or the Services.

However, you are hereby informed that we reserve the right to amend this present Section, and any relevant stipulation as the case may be, by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.