Thank you for using the tnerit platform, which encompasses the mobile and tablet app of the same name as well as the website (www.tnerit.com), (all, the “Platform”), which is operated by TNERIT L.L.C (“tnerit”).
The purpose of this Platform is to provide a simple and convenient service linking Borrowers to the Lenders of items (“Items”) and allowing Borrowers to rent the Items from them. tnerit displays and/or markets the Items on behalf of the Lenders on the Platform, the Platform takes rent requests for the Lenders on behalf of the Borrowers.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
The Lender is the owner of any of the Items that are listed for rent via the Platform (“Lender”).
The Borrower is the person that rents any of the Items listed for rent on the Platform (“Borrower”).
Items listed on the Platform are item listings that have been approved by tnerit (“Item Listings”).
A person can act as both a Lender and a Borrower, in different modes and transactions. Note that both the Lender and the Borrower must reside in the United Arab Emirates. Items are not permitted to be listed or taken outside of the United Arab Emirates for any reason.
United Arab of Emirates is tnerit’s country of domicile.
1.1. Your use of this Platform is being monitored.
1.2. The Lender commits to supply Items in accordance with these Terms and by submitting them to the Platform.
1.3. These Terms set out the relationship between tnerit, the Lender and the Borrower as well as setting out the terms on which tnerit provides the Platform, the terms on which Items are provided via the Platform and general terms applicable to the use of the Platform and rent of Items.
1.4. Do not list an Item for rent on this Platform, or rent an Item on this Platform, if you do not agree to these Terms.
1.5. These Terms are effective from 20 August 2017. tnerit may change these Terms at any time by posting an updated version of the Terms on this Platform. tnerit encourages all users to check this Platform regularly for any amendments to the Terms each time they list and/or request an item for rent on this Platform. Continued use of this Platform will constitute express consent to these Terms, as amended.
1.6. tnerit may at any time change or remove (temporarily or permanently) the Platform, Items or Accounts and their information from the Platform without indicating the reasons of such change or removal and you confirm that tnerit shall not be liable to you for any such change or removal.
1.7. Any attempt by any person to deliberately damage the Platform or otherwise undermine the legitimate operation of the Platform may be in violation of law. If this occurs, tnerit has the right to seek damages from any such person and to seek any other remedies available to tnerit. In addition, tnerit may terminate any agreement that tnerit may have with you in such circumstances.
1.8. tnerit agrees to non-exclusively showcase Items from the Lender via the Platform for the purpose of renting them out to Borrowers but only on these Terms.
1.9. The Lender must at all times list the Items through tnerit in accordance with the highest standards, commit to on-time delivery in that the Items must always be ready for pick up as agreed with the Borrower, and will behave at all times in a good and honest manner.
1.10. The Borrower must at all times treat the Items with care, commit to on-time pick-up and drop-off of the Items as agreed with the Lender, and will behave at all times in a good and honest manner.
1.11. The Lender must be available to provide and collect back the Items at the time arranged with the Borrower.
1.12. tnerit does not provide a delivery service; any item pick-up and drop-off must be organized between the Lender and the Borrower.
2.1. If you wish to use the Platform, whether as a Lender, a Borrower or both, you must register on the Platform via the associated mobile or tablet apps.
2.2. After you agree to be bound by these Terms, tnerit will establish an account for you (each an “Account“) which may take up to 24 hours to create. You can then list Items through your Account on the Platform or rent Items from other Lenders.
2.3. tnerit is entitled to refuse to register an Account without indicating reasons.
2.4. Use of the Platform is limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law. If you are under 18, you are not permitted to use this Platform or to establish an Account.
2.6. You are solely responsible for maintaining the confidentiality of your password for your Account, and for the use of the Account. You accept responsibility for all activities that occur under your Account and will inform tnerit immediately if you have any reason to believe that your password has become known to anyone else, or is being, or is likely to be, used in an unauthorized manner.
2.7. By entering the information, you warrant that the details provided to tnerit are correct and complete and if there are any changes to those details (e.g. change of email or mobile number), you must immediately change your details on the Platform. You can access and update your details using the “Profile” page of the Platform.
2.8. You will bear any losses that occur regarding the submission of invalid/incorrect data.
2.9. You must not use the Platform for any purpose that is unlawful or prohibited by these Terms or by law. Your registration at the Platform implies your confirmation and a guarantee that by renting and/or renting out Items through tnerit, whether as a Lender or as a Borrower, you will act honestly and in such way that it would meet the interests of the Lender or the Borrower, and of tnerit. tnerit has a right to restrict your usage of the Platform without prior notice if you use the Platform in unlawful or other unaccepted way.
3. ELECTRONIC COMMUNICATION
3.1. To fulfill tnerit’s obligations to you under these Terms, tnerit may wish to communicate with you by email and/or by posting notices on the Platform. You agree to receive communications from tnerit electronically and that electronic communications will satisfy any legal requirement for communications which need to be in writing.
3.2. tnerit may also send you promotional emails. If at any time, you decide that you do not wish to receive such promotional emails, you can opt out of receiving such emails by following the link at the end of any promotional email to unsubscribe.
4. ITEMS AND PRICING
4.1. The Lender can list Items when they wish to do so at no cost.
4.2. Each Item must include a “Price Per Day” in AED currency only, including all the applicable taxes and other costs. The Lender is also obliged to provide the “Item Purchase Price” for each Item, which refers to the retail price at which the Item was purchased by the Lender.
4.3. The Lender may change the “Price Per Day” of the Item at any time up until the Lender receives the rent request from the Borrower and may set different prices for different periods, such as weekend hires or during holiday periods.
4.4. The Lender warrants that the characteristics and details of each Item listed, as submitted to the Platform and any other information, data and/or content provided: (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of tnerit or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous; (v) will be properly represented in images and descriptions that are of high quality; and, (vi) will not create liability for tnerit.
5. THE RENTAL RELATIONSHIP
5.1. All Items listed on the Platform must not contain any information enabling or requesting contact or payment outside of the Platform. Items listed must accurately describe the Items in question. They should be free of offensive language or advertisements for other Items or services. Items listed may not include an offer for any Item or service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, Item or website.
5.2. All information provided must be true, accurate and complete. tnerit reserves the right (but has no obligation) to verify any and all information provided by a Lender.
5.3. The Lender and the Borrower agree to respond promptly to communications with one another for requests for information via the Platform messaging service (“Messages”).
5.4. The Borrowers should note that any attempt to retain an Item after the date on which it was agreed to be returned (“Rent End Date”) may be treated as a theft of the Item and may result in criminal action being taken. Any delay in returning any Item should be clearly communicated to the Lender via Messages.
5.5. Following the Rent End Date, the Lender and Borrower must complete “Item Inspection” as well as provide honest and objective feedback on each other by way of the “Rate your Lender” and “Rate your Borrower” functions on the Platform.
5.6. tnerit tries to keep all information on the Platform up to date, but it may not be correct all of the time. You should independently check the information that you receive from the Platform is correct.
6. ITEM QUALITY
6.1. The Lender agrees to only list and rent out good quality Items, thus abiding by their declaration on the “Add Item” screen on the Platform. The Lender guarantees that the Items will be functioning normally and meet standard quality requirements and conditions of similar types of Items and will not have any hidden defects.
6.2. If any Item is of poor quality, damaged or not operating in the manner described as per the Lender’s Item Listing, the Borrower can return the Item to the Lender, contact tnerit via the “Reach us” function on the Platform and tnerit will accordingly provide a full refund, if applicable.
6.3. Any false claims about an Item will result in tnerit closing the relevant Account without prior notice and banning that Lender from future access to the Platform.
7. ITEM SUPPORT
7.1. The Lender must provide Item support to both tnerit and Borrowers if requested. Item support means responses to enquiries, troubleshooting, and other similar consultations.
7.2. tnerit Messages on the Platform allow the Lender and Borrower to communicate; however, it is strictly prohibited for the Lender to share any unnecessary personal information and/or to establish contact with the Borrower outside of the operation of the Platform. tnerit monitors Messages and, if this term has been violated, tnerit will close the relevant Account without prior notice, and will ban that Lender from future access to the Platform.
8. TRANSACTIONS, CHARGES, FEES AND PAYMENTS
8.1. Please note that tnerit cannot guarantee the security of data that you send to tnerit by email. Accordingly, please do not send payment information to tnerit or the Lender using email.
8.2. It is illegal to place rent requests under a false name, with a fraudulently obtained credit/debit card or without the consent of the cardholder. Any party engaged in illegal activities involving the use of this Platform may be subject to criminal prosecution.
8.3. Unless tnerit acts either fraudulently or negligently, tnerit will not be liable to you for any losses caused as a result of unauthorized access to the information you provide to tnerit when placing a rent request.
8.4. If you are under 18 years of age, you are not permitted to use this Platform.
8.6. Any action that encourages or solicits complete or partial payment outside of the Platform is a violation of these Terms. Should you be found in violation of this section of these Terms, it may result in a termination of your Account and you must pay to tnerit the applicable fees had the payments been processed through the Platform, plus an additional 20%. You must immediately notify tnerit if a Lender requests that you make a payment directly or through any channels other than the Platform. Lenders must not accept any payments relating to the rental of Items that are provided through a website directly or through any payment channels other than the Platform. Lenders must immediately notify tnerit if a Borrower attempts to make a payment to the Lender directly or through any payment channels other than those provided or specified by tnerit.
8.7. If there is a dispute between the Borrower and the Lender, tnerit may informally mediate in relation to the issue and will issue directions to each party as to information and materials that it may require to assist with this informal mediation process. In such cases, tnerit may choose to block the relevant Account(s) until it has investigated and determined its action for the issue.
8.8. The Lender explicitly agrees and understands that tnerit is acting as an intermediary only and is not responsible for the payment of fees due to them to the extent that the Borrower has not paid such fees. If the Borrower fails to pay tnerit any fees due to the Lender, the Lender’s sole remedy shall be to take action directly against the Borrower for such fees.
8.9. tnerit only accepts payments online using Visa and MasterCard credit/debit cards based in the UAE, and in AED.
(a) For Borrower:
I. A Borrower can rent any of the Items by using the appropriate process on the Platform.
II. When you place a request for an Item (“Rent Request”), tnerit will ask your card issuer for authorization for the total amount payable for the rent (“You’ll Pay”), which is undertaken for tnerit by our payment gateway provider, a sub-contractor. tnerit ensures all charges are undertaken prior to the date upon which the rent is set to commence (“Rent Start Date”). If your card issuer provides a valid authorization, a charge from tnerit will be made, subject to the following: (i) if the Rent Start Date is less than 48 hours from the date on which the Rent Request is accepted by the Lender, the Borrower’s card issuer will be asked for authorization and the Borrower’s card will be charged immediately; or (ii) if the Rent Start Date is more than 48 hours from the date on which the Rent Request is accepted by the Lender, 48 hours prior to the Rent Start Date, the Borrower’s card issuer will be asked for authorization and the Borrower’s card will be charged immediately. As such, receipt of your credit/debit card details for payment does not constitute authorized payment of your Rent Request for Items.
III. The details the Borrower is asked to submit in relation to a payment will be provided directly to our payment gateway provider via a secured connection. The Borrower must retain a copy of the transaction record and related terms.
IV. If you submit a Rent Request, you agree to pay the You’ll Pay price as indicated during the Rent Request process, along with any other costs or other charges applicable to that Rent Request.
V. If the issuer of your credit/debit card refuses to authorize your payment: (i) if the Rent Start Date is less than 48 hours from the date on which the Rent Request is accepted by the Lender, your Rent Request will be cancelled; (ii) if the Rent Start Date is more than 48 hours prior to the date on which the Rent Request is accepted by the Lender, tnerit will contact you via the email address you have provided and through the Platform with correspondence titled: “Payment unsuccessful”, and you will have 24 hours prior to the Rent Start Date to update or change the existing credit/debit card details – failure to act within 24 hours from the rent start date will result in cancellation of the rent.
VI. You will receive a copy of the relevant transactions by email, such as: (i) “Rent receipt”; and (ii) “Rent request accepted”, etc., via the email address you have provided and through the Platform.
VII. The money paid by a Borrower will be paid to tnerit by way of a payment gateway provider via a secure connection. The You’ll Pay price will reflect on the Platform and on the “Rent Request Accepted” email via the email address you have provided, only if the rent start date is more than 48 hours from the date on which the Rent Request is accepted by the Lender. Once paid, the total amount paid (“You’ve Paid”), will reflect on the Platform and on the “Rent Receipt” email via the email address you have provided.
VIII. The You’ll Pay price cannot be altered after the Lender has accepted the Rent Request. The Borrower must retain a copy of the transaction records, including the emails “Rent request accepted” (if the rent start date is more than 48 hours from the rent request accepted date) and “Rent receipt”, and any applicable rules applying to the transaction.
IX. tnerit will, in all cases, receive the You’ll Pay price from the Borrowers, by way of a charge to their credit/debit card, through the Platform. For each rental, tnerit will charge the Borrower a transaction fee (“Borrower Rental Fee”) of 11%, in addition to the You’ll Pay price. Please note that the rental of multiple Items will result in multiple charges to the Borrower’s credit/debit card in relation to each rent.
(b) For Lender:
I. For each rental, tnerit will charge the Lender a 7% transaction fee (“Lender Rental Fee”) of the total amount to be earned from a rent (“You’ll Receive”). The You’ll Receive amount will reflect on (“Expected”) under “Stats” on the Platform and on the “Rent request accepted” email via the email address you have provided, if the Rent Start Date is more than 48 hours from the date on which the rent request is accepted by the Lender. The earnings from all completed rents, Active (as defined in this sub-clause 8.10(b)), and any Borrower Compensation (as defined in sub-clause 9.8(a)) (“Earnings”) will reflect in the balance of your account (“Account Balance”), on Earnings and on “Received” under “Stats” on the Platform. Following completion of the rent, the Lender will receive the total amount earned from the rent (“You’ve Received”), and where the Borrower cancels the rent during an active rent period (“Active”), the Lender will still receive the You’ve Received amount. The You’ve Received amount will reflect on Account Balance, Earnings and on “Received” on the Platform.
II. The Lender can withdraw an amount (“Withdrawal Amount”) to be transferred to the bank account provided by the Lender on the Platform. The minimum withdrawal amount (“Minimum Withdrawal Amount”) is AED 116.00. tnerit retains AED 16.00 of the Withdrawal Amount as a payout transfer fee (“Transfer Fee”), leaving the total payout amount (“Total Payout”) to be collected by the Lender. If the Lender withdraws the Minimum Withdrawal Amount, the Total Payout would be AED 100.00. The Lender will submit a request for a payout (“Payout Request”) on the Platform, specifying the amount, and tnerit will process the Payout Request within 7 working days from when the Payout request is received by tnerit. The Total Payout, once processed by tnerit, will reflect on the Platform in the page containing the history of your transactions (“Transaction History”) and by email “Payout – Account Balance”, via the email address you have provided, after you place a Payout Request.
8.11. The Platform will NOT deal or provide any services to any OFAC (Office of Foreign Assets Control) sanctioned countries.
9. CANCELLATIONS AND REFUNDS
9.1. tnerit Borrower Rental Fees and Lender Rental Fees are non-refundable.
9.2. Borrower cancellation charges (“Borrower Cancellation Charge”) will apply when the Borrower cancels: (i) a rent less than 48 hours from the Rent Start Date; or (ii) a rent less than 24 hours from the Rent Start Date; or (iii) during Active.
9.3. Lender cancellation charges (“Lender Cancellation Charge”) will apply when the Lender cancels: (i) a rent less than 48 hours from the Rent Start Date; or (ii) a rent less than 24 hours from the Rent Start Date.
9.4. Refunds can take up to 45 days to reflect on the Borrower’s credit/debit card. tnerit is not responsible for any delays as such, as this is out of tnerit’s control.
9.5. tnerit reserves the right to refuse to provide a refund in circumstances where it is clear that such a refund would be prohibited by laws or regulations in any country that could be held to have jurisdiction over that refund.
9.6. tnerit reserves the right to only provide a refund under the following circumstances:
(a) if a fault was detected in the Item by the Borrower, after receiving the Item during Active, and was not visible to the Borrower upon collection of the Item (hidden fault); or
(b) If the Item collected was not as described and displayed by the Lender on the Item Listing; or
(c) The Item was not suitable for the Borrower’s intended use as described by the Lender in the Item Listing on the Platform at the time Rent Request is accepted.
9.7. Refunds can be done through the original mode of payment or through tnerit Credit (as defined in clause 9.8(a)(II)).
9.8. tnerit reserves the right to not provide a refund unless it falls under the listed circumstances defined in clause 9.6. The policies below will be used to address cancellations and refunds:
(a) For Borrower:
I. You can cancel a Rent Request for an item from the Borrower before the Rent Request is accepted by the Lender (“Pending”), with no charge by using the corresponding function on the Platform.
II. If you cancel less than 48 hours before the Rent Start Date a Borrower Cancellation Charge of 30% on the Total Payable (as defined in this sub-clause 9.8(a)) will be made and tnerit will refund the Total Payable amount after deducting 30%. If you cancel less than 24 hours before the Rent Start Date a Borrower Cancellation Charge of 40% of Total Payable will be made and tnerit will refund the Total Payable amount after deducting 40%. If you cancel during an Active rent, no cancellation charge will be made and no refund is applicable, unless permitted otherwise by tnerit.
(“Total Payable”) = Total Price or Total after Discount + Borrower Rental Fee
You’ve Paid = Total Payable – tnerit Credit availed (if any)
Credit refers to Money given into Borrower Account on the Platform (“tnerit Credit”).
III. If the Lender cancels a rent less than 48 hours before the Rent Start Date, you will be refunded the You’ve Paid amount, in addition to any tnerit Credit used and will be compensated as a 2.5% of the Total Payable amount Borrower (“Borrower Compensation”). If the Lender cancels a rent less than 24 hours before the Rent Start Date, you will be refunded the You’ve Paid amount, in addition to, any tnerit Credit used and your Borrower Compensation will be 5% of the Total Payable amount.
IV. Borrower Compensation is given to the Borrower by means of tnerit Credit, which is displayed on the Platform. Note: tnerit Credit is deducted from your next rent. In cases where tnerit Credit is used partially with credit/debit card payments, cancellation charges will be deducted from the tnerit Credit availed first; any remaining charges will then be deducted from the credit/debit card payment.
V. If a refund is provided by tnerit for any reason, including the abovementioned refund cases in clauses 9.8(a)(II) and 9.8(a)(III), tnerit will reimburse the refundable amount (“We’ve Refunded (Card Ending XXXX)”) to the Borrower which will reflect on the Platform and via the email address you provided titled “Rent cancelled”. The We’ve Refunded (Card Ending XXXX) amount can be processed and credited to the credit/debit card that was used for that specific rent transaction, subject to clause 9.4, or as tnerit Credit.
(b) For Lender:
I. If you cancel a rent less than 48 hours or less than 24 hours from the Rent Start Date, you will not receive the You’ll Receive amount in your Account Balance or Earnings or “Received” and the You’ll Receive amount will be deducted from Expected under “Stats” on the Platform.
II. You can cancel whilst Pending for an Item from the Borrower with no charge by using the corresponding function on the Platform.
III. If you cancel less than 48 hours before the Rent Start Date a Lender Cancellation Charge of 30% of the You’ll Receive amount will be made and tnerit will deduct the Lender Cancellation Charge from your Account Balance. If you cancel less than 24 hours before the Rent Start Date, a Lender Cancellation Charge of 40% of the You’ll Receive amount will be made and tnerit will deduct the Lender Cancellation Charge from your Account Balance.
IV. If the Borrower cancels a rent less than 48 hours before the Rent Start Date, you will be compensated as a Lender (“Lender Compensation”) 2.5% of the You’ll Receive amount. If the Borrower cancels a rent less than 24 hours before the rent start date, your Lender Compensation will be 5% of the You’ll Receive amount.
V. Lender Cancellation Charge amount is labelled “We’ve Deducted (Account Balance)” and Lender Compensation amount is labelled “We’ve Added (Account Balance)” will reflect in “Transaction History”, Account Balance, Earnings and “Received”.
*Note: You’ll Receive = Total Price or Total after Discount – Lender Rental Fee
10. GRANT OF RIGHTS
10.1. By listing the Item on the Platform, the Lender represents and warrants to tnerit and to prospective Borrowers that:
(a) they are the owner of the Item;
(b) they have the right and ability to rent out the Item;
(c) the Item Listing is accurate, current, and complete and is not misleading or otherwise deceptive and contains photos and descriptions that are of a high quality; and
(d) the Item Listing does not contain any material that infringes the intellectual property rights (including without limitation the copyright) of any third party.
10.2. Notwithstanding the rental of the Items by way of the Platform, ownership of the item stays with the Lender at all times.
10.3. tnerit retains the right to immediately terminate any rental of any Item, prevent or restrict access to the Platform, or take any other action to restrict access to or availability of objectionable material, any inaccurate Item Listing, any inappropriately categorized Items, any unlawful Items, or any Items otherwise prohibited by these Terms or applicable law or in any other case in its sole discretion.
10.4. By listing the Item on the Platform, you grant to tnerit the following rights:
(a) the non-exclusive, worldwide, royalty free, transferable right to use, copy, modify, publish and distribute photos of the Item in any form and in any language with no need for further consent, notice or payment to the Lender; and
(b) the right to publish the content associated with the Item, and advertise and distribute the Item to other internet sites under license with tnerit; and
(c) the right to include the Item in any advertising and promotion for tnerit or for the Platform.
10.5. The Lender grants tnerit the right to display and/or market the Items to Borrowers.
10.6. Except as set out otherwise within these Terms, the intellectual property rights in and relating to the content on the Platform is owned and controlled by tnerit, or tnerit’s licensors (as appropriate).
10.7. You are only permitted to access and use this Platform for personal purposes. You may not use the Platform or any of its content to further any commercial purpose, including the provision of any advertising or including advertising revenue generation activity relating to the Platform on your own website.
10.8. The Platform content is protected by copyright, trade mark and other intellectual property rights. tnerit (or tnerit’s licensors, where appropriate) retain all rights in and relating to such content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Platform.
10.9. tnerit and the tnerit logo are trademarks of TNERIT L.L.C.
11. USE OF THE WEBSITE
11.1. tnerit will endeavor to ensure that the information contained in this Platform is accurate and up-to-date, but tnerit accepts no liability for omissions or errors on the Platform and in particular in the information, photos, descriptions and content that is provided by the Lenders concerning the Items. Further, tnerit accepts no liability for omissions or errors or any consequences that result from that (including without limitation any direct or indirect loss or damage of any nature whatsoever).
11.2. Access to the Platform and the services on our Platform is permitted on a temporary basis, and tnerit reserves the right to withdraw or amend your access to the Platform and the services on the Platform without notice. From time to time tnerit may restrict access to some parts of the Platform or the services provided on the Platform to users without notice.
12. CONDUCT ON THE WEBSITE
12.1. You may not create a link to this Platform from any other website without seeking the prior written consent (which can be by email) of tnerit. You may not frame the Platform on another website without seeking the prior written consent (which can be by email) of tnerit. You may not charge third parties for accessing the content of the Platform, nor can you in any way commercialize its content. You may not change, edit, add to or produce summaries of its content anywhere else.
12.2. You must not conduct or promote any illegal activities whilst using this Platform. This includes any activities that (in tnerit’s opinion) breach copyright, infringe on privacy or infringe any third party rights as well as activities that are defamatory to third persons. To do so may lead to prosecution.
12.3. You must not use this Platform to generate unsolicited emails, spam or promotional materials to other users.
12.4. You must not do anything to cause damage to this Platform or other users of the Platform, including any technical damage to the other computers.
12.5. You must not attempt to gain access to the Platform or the system that runs the Platform. You must not interfere with the security of the Platform, its services, system resources or network.
12.6. You must not use the Platform in any manner that could damage, overburden or impair the Platform nor harvest or otherwise collect any information about the users.
12.7. You must not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Platform including Messages, or through any other feature of the Platform where such disclosure is intended to bypass the correct use of the Platform. You must use Messages responsibly, which includes treating other users with respect and not sending spam messages or otherwise harassing other users or in any way impeding their use and enjoyment of the Platform.
12.8. You must not create any content under a false name, or use a fraudulently obtained credit and/or debit card or without the consent of the cardholder.
12.9. Any party engaged in illegal activities involving the use of this Platform may be subject to prosecution. tnerit does not guarantee that tnerit will be able to prevent any illegal or inappropriate use of this Platform, or will give notice to you of any illegal or inappropriate use of this Platform.
12.10. You understand that tnerit does not have any obligation to you to monitor, approve, verify or check any correspondence that takes place as a result of the provision of the services or the operation of the Platform. You are solely responsible for verifying the information and for ensuring your personal safety and security when undertaking any correspondence or any transaction with another user.
12.11. In using the services provided by the Platform, you agree not to:
(a) contact users who do not wish to be contacted;
(b) stalk or harass other users;
(c) list, email, make available through the Platform or contact any users with any spam, junk mail, chain letters or unsolicited email advertisements.
12.12. You acknowledge that submitting an Item Listing on the Platform and to your Account means the hosting of the material by tnerit or a third party on behalf of tnerit, not publication by tnerit.
12.13. You use this Platform at your own risk. If you find any incorrect information, you can notify tnerit by emailing Customer Support at firstname.lastname@example.org.
13.1. You acknowledge and agree that tnerit provides users with an ability to communicate via Messages through the Platform with other users only when the Rent Request has been accepted by the Lender. tnerit acts as a passive conduit for participation of its users, and tnerit is in no way responsible for content that is sent by way of Messages. To this end, tnerit shall have no liability in respect of any content that has not been sent to you by tnerit itself.
13.2. You must use Messages responsibly. This includes complying with this clause 13, treating other users with respect, not sending spam messages or otherwise harassing other users or in any way impeding their use and enjoyment of Messages and the Platform. In all such matters, the opinion of tnerit will determine if your behavior breaches the terms of this clause. Failure to adhere to these terms will give tnerit the right to terminate your ability to access Messages or terminate your access to the Platform.
13.3. You agree that you will adhere to any and all additional terms and conditions that may apply from time to time to Messages.
13.4. Messages are activated upon acceptance of a Rent Request by the Lender. Messages will be deactivated if the Borrower or Lender cancelled the rent prior to the Rent Start Date. Messages will only remain activated in the following circumstances:
(i) If the Borrower cancelled the rent during Active, Messages will remain activated for an additional 48 hours;
(ii) Following the Rent End Date, Messages will remain activate for another 48 hours.
In all other circumstances, Messages will not be accessible following the Rent End Date.
13.5. You must own the materials (collectively the “Account Content”) that you submit or list on the Platform (including all underlying rights). If you do not own all such materials, you must at least have the right to include those materials on a third party website such as the Platform.
13.6. You warrant that the Account Content that you submit or list on the Platform will not contain any material that infringes the intellectual property rights (including without limitation the copyright) of any third party. You warrant that all such rights are owned by you or controlled by you as required by this clause and you further agree that, without limiting the generality of its terms, the indemnity contained in clause 13.10 will apply to any breach of this clause. In relation to your Account Content, you are granting tnerit the following non-exclusive license: a worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, that information and content without any further consent, notice and/or compensation to you or others.
13.17. These rights are limited in the following ways:
(a) You can end this license for specific Account Content by deleting such content from the Platform, or generally by deleting your Account only through contacting tnerit, except (a) to the extent you shared it with others as part of the operation of the Platform and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
(b) tnerit will not include your Account Content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, tnerit has the right, without compensation to you or others, to serve ads near your Account Content and information.
(c) tnerit will obtain your consent if tnerit wants to give others the right to publish your Account Content beyond the Platform although as part of the operation of the Platform, third parties may access and share your content and information.
(d) While tnerit may edit and make formatting changes to your Account Content (such as translating it, modifying the size, layout or file type or removing metadata), tnerit will not modify the core meaning of your Account Content.
(e) tnerit may, in its sole discretion, remove your Account Content if the content violates these Terms or a third party’s intellectual property rights;
13.8. tnerit has no obligation to store, maintain or provide you with a copy of the Account Content that you list on the Platform.
13.10. Without limiting the generality of clause 20, you agree to indemnify, hold harmless and defend tnerit against any liability, loss, damage, costs and expense of whatsoever nature (including legal fees) incurred or suffered by tnerit or by any third party (whether a user of this Platform or otherwise) arising out of or related to any Account Content. This clause applies whether or not that material was posted or authorized by you.
14. REPRESENTATIONS AND WARRANTIES
14.1. You undertake, represent and warrant that you will comply with all applicable laws and regulations regarding and relating to the use of the Platform.
14.2. The Lender undertakes, represents and warrants that:
(a) they will not disclose their contact details including but not limited to phone numbers, addresses, or email addresses in the renting process, or anywhere on the Platform including Messages or through any other feature of the Platform where such disclosure is intended to bypass the use of the Platform;
(b) they will not use contact information provided to them during the course of a transaction on the Platform to solicit additional revenue offline or on another website;
(c) they will not harvest or otherwise collect information about other users, including but not limited to email addresses and other contact information;
(d) they will not disclose or publicize any personal information about other users or otherwise access or use information about other users in a manner which (in tnerit’s sole discretion) may constitute a breach of privacy and/or applicable laws; and
(e) they will comply with all applicable domestic and international laws and regulations regarding and relating to the rental of Items.
14.3. The Lender acknowledges that tnerit makes no warranty and provides no guarantee that the use of the Platform will generate a particular amount of interest in the Item or any interest at all or a particular amount of revenue to the Lender or any revenue at all.
14.4. To the extent allowed under law, tnerit (and those that tnerit works with to provide the services):
(a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement);
(b) do not guarantee that the Platform will function without interruption or errors, and
(c) provides the service (including content and information relating to the service and the Items) on an “as is” and “as available” basis.
15. EXCLUSION OF LIABILITY
15.1. tnerit takes all care to ensure that the Lenders understand their obligations under law. Claims and complaints about the Items, specifically regarding loss of the any Items is the sole responsibility of the other party. tnerit will not be liable for any such loss at any time, for any reason.
15.2. To the extent permitted under law (and unless tnerit has entered into a separate written agreement that supersedes these Terms), tnerit will not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, downtime or loss, use or changes to your information or content).
16. INSURANCE COVERAGE SUMMARY
16.1. Effective on 10 July 2019, insurance coverage will be provided (“Insurance Coverage Summary”). For further information on the Insurance Coverage Summary, please refer to “Insurance Coverage Summary” on the Platform. Specific obligations for both the Lender and Borrower have arisen as a result of the provision of this Insurance Coverage Summary, and these are listed below.
16.2. For Borrowers:
(a) Borrowers are required to ensure that all the information provided in their “Item Inspection” is accurate, detailed, up to date, and has been provided honestly, including but not limited to:
I. Item Name;
II. Item Description;
III. Item Condition;
IV. Item Photos (date and time-stamped);
16.3. For Lenders:
(a) Lenders are required to ensure that all the information provided in their Item Listings is accurate, detailed, up to date, and has been provided honestly, including but not limited to:
I. Proof of Ownership/Declaration of Ownership;
II. Item Photos/Certification;
III. Item Name;
IV. Item Description;
V. Item Missing Components and Parts;
VI. Item Condition/Certification;
VII. Item Purchase Price;
VIII. Item Purchased As (New/Second-Hand).
(b) Lenders are also required to ensure that all the information provided in “Item Inspection” is accurate, detailed, up to date, and has been provided honestly, including but not limited to:
I. Item Name;
II. Item Description;
III. Item Condition;
IV. Item Photos (date and time-stamped);
17. PRIVACY AND PERSONAL DATA MANAGEMENT
17.2. You acknowledge and agree that tnerit may provide data to other users, to the extent that it is reasonably necessary for them to communicate with you. You agree that tnerit is not liable for any matter that may arise as a result of the collection and/or disclosure of such information to the other users.
17.3. You must not use any information about the Platform and/or its users which may become known to you or which may be disclosed to you by tnerit, except to enter and complete rental transactions. You must not use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or any other activities that tnerit may in its complete discretion consider to be unacceptable or objectionable.
18.1. If you are dissatisfied with the Platform or any content or materials on it, your only remedy is to discontinue your use of it.
18.2. You agree that any unauthorized use of the Platform as a result of your negligent act or omission would result in irreparable injury to tnerit, and tnerit will treat any such unauthorized use as subject to these Terms.
18.3. tnerit will take reasonable precautions to ensure the Platform is safe to use, but tnerit does not warrant that this Platform is virus free or free from anything else which may have a harmful effect on any technology. It is your responsibility to install suitable virus protection software on your device(s). tnerit is not liable for any loss or damage caused to your device or software by a virus or other material that may be harmful to your device or data because of your use of this Platform or of tnerit’s services. This includes anything that happens when you download material from the Platform.
18.4. While tnerit takes reasonable measures to ensure the constant availability of the Platform, tnerit does not warrant that this Platform will always be available or that it will operate in an uninterrupted manner. Due to the nature of the internet, outages may occur. tnerit may need to restrict or suspend access to this Platform from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
18.5. It is your responsibility to have suitable browser, third party software, mobile or tablet device operating software, to view and transact on this Platform. tnerit does not accept any responsibility for any loss of functionality that is dependent on the technology you use.
19. LINKS TO THIRD PARTY SITES
19.1. This Platform may contain links to other websites. tnerit makes no representations or warranties as to the content, validity, privacy practices and other practices of any websites operated by a third party and tnerit does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies for all third party websites that you visit in order to understand their procedures.
19.2. If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. tnerit does not endorse and is not responsible for the use of, or the content of, any third party websites. tnerit is not responsible for anything that may happen when you use them.
20.1. If you wish to delete your Account, you can request to do so via the “Reach Us” function on the Platform. Please note that there must be no Active rental of Items, and your Account Balance must not be above or below AED 0.00 at that time the request to delete an Account was submitted. tnerit will keep the Account and all content in an inactive mode but it may not necessarily be deleted. If tnerit elects at tnerit’s discretion to permanently delete all content after an Account has been deregistered or for any other reason (including a period of inactivity on your part), it will not be able to be recovered or accessed again and tnerit will have no liability or responsibility for this.
20.2. At any time and for any reason in its sole discretion and without notice tnerit may:
(a) suspend or terminate access to the Platform; and
(b) remove any Pending rentals of any Items at any time without notice.
20.3. tnerit shall have no liability or obligation for any actions referred to in clause 2.
20.4. If you request to delete your Account while an investigation is underway, tnerit may hold funds that might otherwise be due and payable to you for up to 180 days in order to protect tnerit or a third party against any risk or liabilities of whatever nature.
20.5. You remain liable for all obligations related to the Account (including without limitation in relation to Items Listings through the Account) even after the Account is deleted, if it is deleted.
20.6. If you are in material breach of these Terms, tnerit reserves the right to impose a penalty on that is equal to your Earnings via the Platform for the previous 6 months. This does not replace or in any way limit tnerit’s rights against you in any way.
20.7. Without prejudice to any other of tnerit’s rights and remedies under these Terms or at law, tnerit may choose to take other technical and/or legal steps against any person who creates problems or possible legal liabilities of any kind, who infringes or acts inconsistently with these Terms, tnerit’s policies or any relevant law.
21.1. tnerit will not be responsible for any losses that you may suffer as a result of tnerit breaching these Terms. tnerit will not be responsible to you or any third party for any loss or damage (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) which does not result directly from tnerit’s actions or the actions of tnerit’s sub-contractors or agents, nor for any that was consequential or was not reasonably foreseeable to both you and tnerit.
21.2. Without limiting the generality of the above, you acknowledge and agree that, to the extent permitted by law, neither tnerit, nor tnerit’s suppliers nor any of tnerit’s employees, agents, contractors, or subcontractors will be liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by any person as a result of:
(a) any material, including any statements made by any other user of the Platform or any other person;
(b) arising from or related to any problem or technical malfunction of any network or lines or mobile communications network related to or resulting from participation in this Platform or any failure of security measures contained on the Platform;
(c) arising from or related to any problem or technical malfunction of any computer device, software, internet connection, any injury or damage to entrant’s or any other person’s computer software related to or resulting from participation in this Platform (including without limitation the transmission of any viruses or other material designed to interfere with the proper operation of any such items); or
(d) as a result of the communication of the Platform to the public, the exploitation of the Platform or any promotional activities relating to the Platform.
21.3. tnerit’s liability to you under these Terms will not exceed your Earnings via the Platform for the previous 6 months.
21.4. tnerit will not be responsible to you for any delay or failure to comply with tnerit’s obligations under these Terms if the delay or failure arises from any cause beyond tnerit’s reasonable control.
21.5. You agree to indemnify and hold tnerit, its parent, sister companies, subsidiaries, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against tnerit or by any third party (whether a user of this Platform or otherwise) arising out of any breach by you of these Terms, or other liabilities arising out of your use of this Platform.
21.6. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses incurred by tnerit, any other user, or a third party caused by your breach of these Terms and agree to reimburse tnerit, the other user, or a third party for any and all such liability.
21.7. If you rent out an Item which does not comply with statutory requirements and the authorities apply sanctions to tnerit for supplying such Item to other users, you must reimburse all consequential losses to tnerit.
22. FORCE MAJEURE
Neither party will be liable to the other under these Terms (or any other agreement between the parties), for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any act of God, exceptionally severe weather, failure of shortage of power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance (other than those of the parties), the act or omission of government, other telecommunications operators or administrators or other competent authority, war, military operations, acts of terrorism or riot, royal demise etc.
23. MISCELLANEOUS PROVISIONS
23.1. If any section or portion(s) of these Terms is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of these Terms, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, will not be affected thereby, and these Terms shall remain in full force and effect. To the extent possible, the parties will reform such invalidated section or portion(s) thereof in a manner that will render the provision valid without impairing the parties’ original intent.
23.2. None of the provisions of these Terms will be deemed to constitute a partnership or agency between you and tnerit and you have no authority to bind tnerit in any manner whatsoever.
23.3. These Terms are personal to you and cannot be transferred, copied, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms and the rights and/or obligations stipulated in these Terms shall be null and void. tnerit may freely assign these Terms without consent or notice.
23.4. Any failure by tnerit to enforce any terms set out in these Terms or other policies with you is not a waiver of tnerit’s rights to enforce those terms.
23.5. These Terms are governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates as applied in the Emirate of Dubai. You agree to submit to the non-exclusive jurisdiction of the courts of Dubai.
24. CONTACT TNERIT
If you have any queries, complains and recommendations about these Terms, please contact tnerit at the following address and tnerit will endeavor to respond to you promptly.