Terms of Service
Terms of Service
These Terms of Service (TOS) are between You (i.e. the end-user) (“You”) and Sumrux, and they govern Your use of sumrux’s Services (as defined below). In these TOS, the word “use” means “access or use”.
Sumrux makes available, via Website/App, an online service that allows owners of goods to exchange ,sell, donate or rent out their goods, and to rent, purchase or use their goods, to renters or other members.
You may contact Sumrux by e-mail at firstname.lastname@example.org with questions about these TOS.
Please read these entire tos carefully before downloading, using, and during use of, any of the services or any listed items. These tos contain very important information regarding your rights, obligations, as well as liability exclusions and limitations, including: Disclaimers regarding the services, listed items, hired items, swapped items sold items and donated items: limitations, exclusions and conditions, including with respect to product liability, personal injury, and lost, stolen or damaged items; an indemnity from you; a forum selection clause: and a waiver of class action disputes clause. These tos are effective upon acceptance. When you register for a registered user account with Sumrux, you accept these tos by checking the appropriate box and acknowledging that you have read, understood and accept these tos. If you do not register a registered user account with Sumrux, these tos are effective through use of the services, including Sumrux’s website, or by downloading Sumrux’s app. If you do not agree to be bound by any part of these tos, you must not use the services and must cease any use of the services immediately.
Amendments: Sumrux may amend this User Agreement and/or Sumrux Terms of service , community Guidelines at any time by posting a revised version on the Website/Mobile Application. All updates and amendments shall be notified to you via Sumrux Website’s home page. The revised version will be effective at the time Sumrux posts it on the Website. In addition, if the revised version of this User Agreement includes a substantial change, Sumrux will provide you with 30 days' prior notice of such substantial change/s by email or as per the Notification Preferences provided by You to Sumrux. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in Sumrux Community Guidelines & FAQs. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
App: means the mobile applications that Sumrux makes available for use of the Services.
Requester : means registered user who is borrowing, swapping, buying , donating or receiving a donation
Borrower: means a Registered User who requests to Borrow, or actually Borrows, any Listed Item(s).
Borrow: means to rent a Listed Item, or Listed Item(s), from a owner.
Hire: means to rent a Listed Item, or Listed Item(s), from a owner.
Buyer : Means any person buying any item from Sumrux website.
Sumrux Content: other than User Content, any Content available on the Services or used to create and operate the Services, as well as the selection and arrangement of such Content.
Content: means any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software (excluding the App), hyperlinks, embedded links, URLs, and other types of content.
Owner: means a Registered User who has listed an item for Hire, Swapping, Selling or Donating in a Listing.
Lend: means to rent a Listed Item, or Listed Item(s), to a Borrower.
Lent Item: means a owner’s item that has been Lent to a Borrower.
Donate: means a owner's item is given to a requester without any exchange of monetary benefits for the item
Exchange: means a owner gives his/her item to requester and takes an item owned by the requester or take a transfer of points from the requester
Swap : means a owner gives his/her item to requester and takes an item owned by the requester or take a transfer of points from the requester
Swapped item: means an item that was swapped in exchange for points or another item
Sell:means a owner's item is given to a requester for a monetary benefit
Sold Item: means an item that is given to requenter in exchange for money.
Listed Item: means a owner’s item that has been listed in a Listing for Hire , donation, swapping or sale or request for donation.
Listing: means a owner’s listing on the Services of a Listed Item for Hire, swapping, sale, donation or request for donation.
Registered User: means a User that has set-up a Registered User Account (as defined in Section 3).
Deal :means hire,swap, sell, buy, or donate
Request Period: means the time period starting from the time when an item is requested for a deal (as determined by Sumrux in its sole discretion), within which a owner may decide whether to confirm or reject that request, as stated on the Services. Different Booking Request Periods may apply in different places/items.
Hiring Period: means the maximum number of days agreed to by requester and owner that a Listed Item may be Borrowed, which period must be at least 24 hours (1 Day).
Hiring Rate: means the amount of monies that requester must pay owner for 24-hour increment over which the Listed Item will be Borrowed. The Hiring Rate accrues for each 24 hour increment in which the item is Lent until the item is returned by requester to owner.
Services: means the Website and the App, as well as any software, platforms, digital services, features, tools, and functionalities, as well as User Content and Sumrux Content made available via or accessible through any of the foregoing.
User: means any User of the Services.
User Content: means any Content that You, or other Users, upload, submit, post, display or otherwise make available on the Services via the App.
Website: means Sumrux’s website for the Services, currently located at www.Sumrux.com (and the webpages within that website).
YOUR AGE AND ELIGIBILITY TO USE THE SERVICES; VERIFICATION OF USERS
Use of the Website/mobile application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website/Mobile Application and shall not invite persons, list items, swap, exchange, rent,borrow,buy or sell or purchase credits on the Website/Mobile Application. As a minor if you wish to use the Website, such usage must be through your legal guardian or parents who have registered as users of the Website or can use the Website/Mobile Application as Guest User. Sumrux reserves the right to terminate your membership and refuse to provide you with access to the Website/Mobile Application if it is brought to Sumrux’s notice or if it is discovered that you are under the age of 18 years.
Please see Section 3 below for more information.
Section 3 - SCOPE OF Sumrux SERVICES
in no event will Sumrux be responsible for and, to the maximum extent permitted by law, Sumrux disclaims and excludes all liability arising from the conduct of requesters use of listed items and lent items, swapped items, sold items, donated items by requesters and owners and transactions between requesters and owners or doner and the recipient.
The Services provide Users with an online peer-to-peer marketplace that enables owners and requesters to Lend and Hire, Sell and buy, Swap, donate Listed Items, Requester and owner to communicate and transact directly to facilitate such lending and hiring, purchase, sale, donation of items. The Services merely facilitate Lending and hiring, donation, swapping and sale and Sumrux does not own, create, lend, sell, purchase, swap, donate, provide, control, manage, offer, deliver, insure, or supply any Listings or Listed Items. For certainty, Sumrux is not a rental broker, agent or insurer. When owners and requesters arrange for a Listed Item to be Borrowed/Lent, donated or swapped or sold, they are entering into a contract directly with each other. Sumrux is not and does not become a party to or other participant in any contractual relationship between Registered Users, nor is Sumrux an insurer. Sumrux is not acting as an agent in any capacity for any Registered User.
NO ENDORSEMENT; VERIFICATION
Sumrux does not endorse any Users. Although these TOS require Users to provide accurate information, Sumrux may, but has no obligation to, verify or attempt to confirm any information provided by Users or any User’s purported identity. You are solely responsible for determining the identity and suitability of other Users who You contact via the Services. Any references to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Sumrux about any User, including of the User's identity and whether the User is trustworthy, safe or suitable. Except as expressly specified in Section 11, Sumrux is not responsible for any damage or harm resulting from your interactions with other Users. Sumrux, is not responsible for any damage or harm resulting from Your interactions with other Users, including any Hiring and Lending, swapping, selling and buying, donating or receiving a donation. Sumrux does not assume any responsibility for the confirmation of any Registered User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Sumrux may, but does not have any obligation to undertake screenings, checks and processes designed to help verify or check the identities and/or backgrounds of users and Listed Items. Such checks may be performed by Sumrux and/or third party services and may include screening Registered Users based on information provided by Registered Users and/or requested by Sumrux, screening against third party databases or other sources, requesting reports from service providers, and reviewing your government identification, date of birth, and other similar information. Such verification may include (i) for Users in India, to the extent permitted by applicable laws and if Sumrux has sufficient information to identify a User, obtaining reports from public records of criminal convictions or sex offender registrations of the User; and (ii) for Users outside India, to the extent permitted by applicable laws and if we have sufficient information to identify a User, obtaining the local version of background or registered sex offender checks in Sumrux’s sole discretion. You hereby authorize Sumrux to request, receive, use, and store such information.
You agree and authorize Sumrux to use Your personal information, such as Your full name and date of birth, to conduct the verifications described in Section 3 above.
As part of Lending/Borrowing, swapping, selling/Buying or donating/receiving donation, You may obtain personal information of another User. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for communications regarding Hiring/Lending , Swapping , Selling /Buying or Donating/Receiving with another User.
Privacy of Others; Marketing
If Sumrux provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you for. You may not disclose, sell, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
ELIGIBLE MOBILE DEVICES
The App is made available to You by Sumrux free of charge through Google Play (owned or operated by Google Inc. (“Google”)) and Apple Inc.’s (“Apple”) App Store (owned and operated by Apple), for use on an eligible mobile device of Yours that complies with these TOS and is owned or controlled by You ("Your Mobile Device"). Without limitation, Sumrux does not endorse Your Mobile Device and provides no representations, warranties or conditions regarding Your Mobile Device.
You understand and acknowledge that the App, and the Services used through any mobile device by any browser, are intended for use on mobile devices using the Android or iOS operating systems, or such other devices or operating systems as may be approved by Google or Apple, in each case as determined by Google, Apple or the telecommunication provider for Your Mobile Device, in their sole discretion. You will not use the App, or any browser to use the Services, on a mobile device or an operating system (including an Android or iOS operating system and whether approved by Google or Apple) that has been, in each case, modified or customized in any way (including “jailbroken”, “rooted”, “bootleg unlocked”) by anyone other than the original equipment manufacturer (or original licensor of the operating system software, as applicable), an authorized distributor or reseller thereof, the applicable telecommunication provider or anyone else acting with the permission or on behalf of any of the foregoing.
YOU MAY USE LIMITED PORTIONS OF THE SERVICES, BUT IN ORDER TO FULLY USE THE SERVICES YOU MUST BE A REGISTERED USER
You may browse limited portions of the Services without setting-up a Registered User Account.
In order to use certain features of the Services, You must become a Registered User by setting-up an account with Sumrux (a “Registered User Account”) via the Services and by creating a username and password, providing us Your e-mail address and creating a password, or through a third party social networking service accounts (“SNS”), such as Facebook. Such login methods are referred to in these TOS as “Login Methods”.
As part of Registered User Account setup, You will be asked to provide certain information, such as: name, phone number, address, e-mail, date of birth, postal code, and billing and payment information (e.g. credit card information; bank account information).
Sumrux reserves the right to reject any registration in Sumrux’s sole discretion.
If You choose to become a Registered User, then You represent, warrant and covenant to Sumrux that: (i) You are based in India; (ii) You will provide true, accurate, current and complete information; (iii) You will maintain and promptly update the information You provide to Sumrux; and (iv) You will not enter any irrelevant data into any form or data entry field other than the data requested by Sumrux for such field.
In the event that You provide, or Sumrux reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then Sumrux has the right to suspend or terminate any Registered User Account and refuse any and all current or future use of the Services.
Login Methods are solely for a single Registered User’s personal use.
Registered User is solely responsible for the confidentiality and security of Registered User’s Login Methods. Registered User is also responsible for all activities that occur under Registered User’s Login Methods and/or Registered User Account and may not share Registered User’s Login Method details with others. Registered User must immediately notify Sumrux of any actual or suspected loss, theft or unauthorized use of Registered User’s Login Methods or Registered User Account, or any other security breaches of which Registered User becomes aware.
Sumrux is not obligated to inquire as to the authority or propriety of any use of, or action taken under, a Registered User’s Login Methods and/or Registered User Account.
Sumrux will not be responsible for any loss to any Registered User that arises from any use of its Registered User Account or Login Methods or from Registered Users’ failure to comply with these provisions.
LIMITED USE; RESERVATION OF RIGHTS
Subject to the terms and conditions of this Agreement, Sumrux may make available to You for Your Use: (i) the online portion(s) of the Services available to non-registered Users; and (ii) if You are located in India and have set-up a Registered User Account with Sumrux in accordance with Section 6, the online portion(s) of the Services available to registered Users.
Subject to the terms and conditions of this Agreement, Sumrux grants to You, a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, personal, non-commercial, right to download, install, and use the App on Your Mobile Device.
In order to benefit from the above two bullet points, YOU MUST: (i) comply with these TOS; (ii) comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Services; and (iii) comply with any additional requirements, restrictions or limitations provided by us or any applicable third party (including, Google, Apple, Your Mobile Device provider and the telecommunication provider for Your Mobile Device).
Sumrux expressly reserves all rights not expressly granted in these TOS.
ACCEPTABLE USE & CONDUCT; COMPLIANCE WITH LAWS; REPORTING MISCONDUCT
You represent, warrant and covenant to Sumrux that you will abide by and not violate the Acceptable Use & Conduct Policy, which can be found at Appendix A
If you breach the Acceptable Use & Conduct Policy, or any other provision of these TOS, Sumrux may take whatever steps we deem necessary to protect the Services, Sumrux, Sumrux’s business, Sumrux’s and its supplier’s infrastructure, and Sumrux’s other Users, including, without limitation, suspending Your use of the Services, terminating Your Registered User Account, and/or terminating these TOS.
If You feel another User is acting or has acted inappropriately, including but not limited to anyone who (i) has breached or is threatening to breach the Acceptable Use & Conduct Policy; (ii) engages in offensive, violent or sexually inappropriate behavior, (iii) You suspect of stealing from You, or (iv) engages in any other disturbing conduct, then You should immediately report such person to the appropriate authorities and then to Sumrux by contacting Sumrux with Your police station and report number; provided that Your report will not obligate Sumrux to take any action beyond that required by law (if any) or cause us to incur any liability to You.
You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use of the Services, including your Listings.
A Registered User may, as a owner, submit Listings for Lending, donation, sale or exchange of Listed Items.
Requesters will be able to hire, purchase or swap, donate, accept donation of a Listed Item via the Services based upon the information provided in a owner’s Listing(s), including request Period(s) (and applicable maximum or minimum periods), Hiring Rate(s), Purchase rate, Swapping rate,donating rate , delivery logistics, and return logistics.
With respect to each Listing and Listed Item, owners agree to: (i) provide true, accurate, current and complete information and Content (e.g. images of Listed Items); (ii) maintain and promptly update the information You provide; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by Sumrux for such field; (iv) disclose in detail any deficiencies, damage, restrictions and requirements that apply (e.g. physical and cosmetic damage to Listed Item, minimum and maximum requesting Period, hiring , swapping, selling Rate, etc.); and (v) provide any other pertinent information requested by Sumrux. Each unique Listed Item must have its own Listing.
Certain items may be prohibited from being listed. Please see the Acceptable Use & Conduct Policy for more information.
No hiring Rate, purchase rate, swapping rate may be increased after a requester requests to a Listed Item.
The exchange item agreed upon will not be changed by either of the owners after the request for exchange has been finalized.
Users will be able to book a Listed Item via the Services based upon the information provided in a owner’s Listing, a owner’s requester requirements, and requester’s search parameters and preferences.
Hiring & Lending, Swaping/Exchanging, Purchase,Sale, Donate; DAMAGED/STOLEN LENT ITEMS
Are responsible for reading the full Listing before committing to Hire, Swap , Purchase or donate;
Agree that they enter into a legally binding contract with the owner to Hire, swap, donate , receive donation or purchase owner’s Listed Items when requester commits to request the item;
Agree that they will pay the deposit and the Hiring fee to the owner. As per the rates listed on Sumrux.
Agree to transfer the points to owner for swapping the item
Agree to pay the amount to the owner for purchasing the item
Agree that Sumrux is not a party to the contract between requester and owner
Shall treat all Lent Items they Hire with the highest standard of care;
Are responsible for returning such items in the condition they were given to then when they took possession, normal wear and tear excepted, by the end of the Borrowing Period;
Must use all Lent Items for their own personal and non-commercial use;
Agree that Lent Items may not, under any circumstances, be lent, rented, sold, made available, transferred, or distributed, to any third party whatsoever;
Are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they allow to use any of the items while in their possession; and
Are responsible for any loss, destruction or damage to all of the Lent Items they Hire, whether due to theft, disappearance, fire, or any other cause, other than normal wear and tear.
may have access to the personal information of owner upon completing an arrangement for the hiring, Swapping,purchasing or donating of a Listed Item and, as such, requesters are strictly prohibited from using this personal information for anything other than deal the Listed Item(s);
As a User, you agree that all items listed by you are duly owned by you, and that you are fully competent to make such a listing.
agree that they enter into a legally binding contract with the Requester to Lend, sell, Swap,Donate a owner’s Listed Items when requester commits to borrowing, buying,donating,receiving the item;
agree that they enter into a legally binding contract with the other owner to exchange a owner’s Listed Items when the other owner commits to swap the item for his/her listed item
Sumrux is not a party to the contract between requester and owner;
may have access to the personal information of requester upon completing an arrangement for the Lending, Selling, Donating, Swapping or Receiving a Listed Item and, as such, owners are strictly prohibited from using this personal information for anything other than deal their Listed Item(s);
may not, under any circumstances, deal, or list for any dealing, any of owner’s requested Items to another person while a requester is hiring, swapping, purchasing, receiving donation of such item;
agree that, after any Borrowing of a Lent Item, the item may not be in the same exact condition that it was when Lent to Borrower
must either pre-approve, confirm or reject a booking request within the Booking Request Period, or otherwise the booking request will automatically expire.
Sumrux recommends that owners obtain appropriate insurance for their items. In addition, Sumrux recommends that owners review any insurance policy and consult with an insurance professional regarding the terms of potential coverage.
If for an item the requests expires without owner acknowledgement for the attempts stipulated by Sumrux. Sumrux has the right to remove the listing from the Website/App
Requesters, and owners
In all circumstances the Borrowing and Lending , purchase and exchange of a listed Item will be subject to these TOU, including the Acceptable Use & Conduct Policy.
All communications regarding deals and requests between Sumrux and the users are through the registered mail Id. Requester and Owner take responsibility to check their mails frequently and respond to the communications.
When a booking is confirmed or cancelled, Sumrux will send a notification via the App/Website to the relevant Users. Users must have push notifications turned on in their mobile operating system to receive such notifications.
owners and Requesters owner shall work-out the final details of a Borrower Borrowing, and a owner Lending, purchaser buying,Requester swapping, donor and recipient receiving the donation of the owner’s Listed Item prior to the item becoming a Lent Item, swapped item or purchased item including Borrowing Period, Borrowing Rate, purchase rate , Swap points, delivery logistics, and return logistics.
Sumrux only acts as a passive intermediary between Borrowers and owners, purchaser and owner, owner and requester swapping, Doner and recipient. The Services allow requesters and owners to Lend/Hire/ Purchase/Swap/Donate/Receive Listed items and to coordinate payments, delivery and return of Listed Items between such requesters and owners. Sumrux makes no guarantee as to whether and when any request to Hire/Swap/Donate/Sell a Listed Item will or may be accepted or rejected by any owner or whether a requester will Hire/Buy/Swap/Donate/receive a Listed Item. Sumrux has no responsibility, whatsoever, for the performance or fulfillment of any Hiring or Lending, purchase, exchange , donation or payment, delivery or return for any Borrowing or Lending.
Sumrux does not act as an insurer or contracting agent.
No Listing, Lending or Borrowing may breach any agreement(s) the Borrower or owner has entered into with any third parties.
Borrower is responsible for Lent Items damaged beyond reasonable wear and tear, or that are lost or stolen . The owner may contact Sumrux at contact@Sumrux.com and Sumrux will, after receipt of such contact, attempt to contact Borrower or investigate the situation in an attempt retrieve the stolen or lost item. If Borrower denies losing or stealing the item, or Sumrux otherwise determines (in its sole discretion) that Borrower caused such damage or that the item is not retrievable, then Borrower will be responsible for all costs related to such damages, which will be determined by Sumrux, in its sole discretion, based on various factors including, but not limited to, market value, internal appraisal provisions, depreciation, age, make, model and condition. Sumrux also reserves the right to charge the credit card on file in Borrower’s Registered User Account, or otherwise collect payment from Borrower and pursue any avenues available to Sumrux. If Sumrux is unable to charge the credit card on file or otherwise collect payment from Borrower, then Borrower agrees to immediately remit payment for all such amounts to Sumrux. Sumrux shall redistribute such amounts to owner to the extent that Sumrux actually receives such amounts from Borrower. Sumrux shall in no event be responsible for collecting such amounts.
Please see our FAQ, under the heading “Protection”. Sumrux may in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
The remedies in this section 11 represent owners’ sole and exclusive remedy in the event a lent item is damaged or stolen
Both requesters and owners agree to cooperate with Sumrux in good faith, and to provide Sumrux information and take actions as may be reasonably requested by Sumrux, in connection with any complaints or claims made by requesters relating to listed Items or with respect to any investigation undertaken by Sumrux or a representative of Sumrux regarding use or misuse of the Services. Borrowers agree, upon Sumrux’s reasonable request, and to the extent Borrower is reasonably able to do so, to participate in mediation or similar resolution process with a owner, at no cost to Borrower, which process may be conducted by Sumrux or a third party selected by Sumrux.
Swaps & Exchanges
As and when a swap is agreed upon, you guarantee that all your listed items are kept with you in readiness for conveying to the other User.
The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any credits and return any products that you may have received from the other User. You agree not to list a single product in multiple quantities across various categories on the site/Mobile application. Sumrux reserves the right to delete such multiple listings of the same product listed by you in various categories.
If you receive at least one offer to swap a listed product at your stated minimum credit value, you are legally obligated to complete the transaction with the agreeing User. You must permit Sumrux to contact such User within the Booking Request Period of the product swapping successfully, and supply the item in a merchantable condition. UNLESS:
1. The agreeing User fails to meet terms of your listing;
2. You cannot authenticate the agreeing User’s identity.
Failure to complete the transaction within stipulated Booking Request Period of accepting an offer will lead to nullification of the swap. This for That reserves the right to take such action as it deems fit against the party responsible for nullifying the swap.
Without limiting any other remedies, Sumrux may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website/Mobile application.
Immediately after any swap is successfully concluded, an e-mail may be sent to both the Users, providing each of them certain contact information of the other party. Please note that such contact information shall be from the data provided by Users in their Registration Data on Website/Mobile Application.
DISPUTES BETWEEN USERS
You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users, use of Listed Items, Lent Items swapped items and donated items, or other third parties will be limited to a claim against the particular User(s) or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Sumrux with respect to such actions or omissions. Accordingly, Sumrux encourages You to communicate directly with other Users via the Services regarding any Rentals, Sales, exchanges or Listings, as applicable, made by You.
HIRING, SWAPING, SELLING RATE; PENALTY COSTS
Requesters must pay owner for each Lent Item at the Hiring Rate for the Hiring Period, in each case agreed to by requester and owner for such Lent Item (“Daily/ Weekly/Monthly rates”),
Requester and owner agrees to be responsible for Service Fees to Sumrux, as specified in Section 14 below.
For certainty, requesters are responsible for Lent Item Fees, calculated at the Hiring Rate, for at least the entirety of the Hiring Period.
For example, if a Borrower returns a Lent Item to owner prior to the end of the Hiring Period, then Lent Item Fees for such item will be equal to Hiring Rate multiplied by the number of 24 hour increments in the Hiring Period.
Subject to availability, and after consent of owner, a requester may extend the Hiring Period of a Lent Item using the App/website. Requester will be charged additional Lent Item Fees, plus taxes, for the additional time if any request to extend the Hiring Period is accepted by the owner. Any owner accepted extensions will be considered part of the Hiring Period.
If a Lent Item is returned late to owner (i.e. past the Hiring Period agreed to by owner and Borrower), then requester must pay additional Hiring Fees, calculated at the Hiring Rate, plus taxes, until the item is returned (“Late hire Item Fees”).
For example, if a Borrower returns a Lent Item to owner after the end of the Hiring Period, then Late hire Item Fees for such item will be equal to Hiring Rate multiplied by the number of additional 24 hour increments following the Hiring Period prior to the item being returned, plus taxes if applicable.
If a owner is unable to confirm or decides to reject a booking request within the Booking Request Period, any points collected by Sumrux for the requested booking will be refunded to the requester after verification.
owner and requester agree that Sumrux may, in accordance with the cancellation policy selected by the der and reflected in the relevant Listing, (i) permit the requester to cancel the booking and (ii) refund to the requester and owner that portion of the hiring fees specified in the applicable cancellation policy.
The service fee will not be refunded if the requests expire without owner /requester action at any stage of the request process.
FEES TO Sumrux
In consideration of the use of the Services, including facilitating transactions between owners and requesters, Sumrux charges fees in terms of points. Registered users may purchase points from Sumrux to redeem as fees, the fees depends on the value of the product and may be up to 20% of the value of the item (i) to owners, Service Fee and a service facilitation fee and, and (ii) to requesters, a Service fee and a service facilitation fee (the service facilitation fees for owners and for requesters are referred to in these TOS as the “Service Fee”).
Any applicable Service Fees and will be displayed to a owner and requester prior to publishing or booking a Listing. The current Service Fees and Protection Fees are listed on the App and Website. Sumrux reserves the right to change the Service Fees at any time, and Sumrux will provide Registered Users reasonable notice of any fee changes before they become effective.
Owner and requester agree, the Service Fees are refundable and subject to verification. Sumrux holds the sole discretion to refund full or part of the service fee as applicable.
Payments from Requesters for Lent/Swapped/sold/purchased Item Fees, are due immediately upon placing the request, whether for the Hiring period or for any extension of the Hiring Period. Requester hereby authorizes Owner and Sumrux to charge Requester, via points or Cash, for such amounts due immediately upon such acceptance. Late Lent Item Fees, as well as applicable taxes, are due immediately. Requester hereby authorizes Sumrux and owner to charge Requester via points/Cash, for late fees due. If a payment does not go through, for any reason, You agree to pay the all applicable amounts due within seven (7) days of Sumrux sending the invoice or receipt for same. Requesters may be charged a cancellation fee or minimum payment if You book or confirm a Lent Item but cancel it before the item is delivered.
With respect to owners, Sumrux charges the Service Fees If You owe or agree to pay any amount to Sumrux, then Sumrux may (but is not obliged to) withhold the amount owing to Sumrux from any payout amounts due to you as a owner, and use the withheld amount to set off the amount owed by You to Sumrux.
If Your account is delinquent or You otherwise have chargebacks on Your account, You may be charged fees that are incidental to Sumrux’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.
USER CONTENT; FEEDBACK;
In connection with Your use of the Services, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available User Content via the Services (“Your User Content”).
Your User Content may ONLY be uploaded, submitted, posted, displayed, performed, transmitted, communicated, or otherwise made available via the App/website.
If You submit ideas, suggestions, commentary or feedback to Sumrux regarding the Services (or any other product or service offered by Sumrux) (collectively, "Feedback"), through any means whatsoever, then You agree that Sumrux may use the Feedback freely and for any purpose.
You represent, warrant and covenant to Sumrux that Your User Content and Feedback will not violate the Acceptable Use & Conduct Policy.
You hereby grant Sumrux a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use any of Your User Content and Feedback in the manner in and for the purposes for which the Services and/or Sumrux from time to time use User Content and Feedback, including, without limitation, for developing and marketing products, services, applications, the Services, and/or Content, without any obligation to You or third parties, including without any requirement for Sumrux to provide You with any credit, notice, approval or compensation for any such use.
You waive any and all of Your moral rights in the Feedback and Your User Content.
Sumrux may review, monitor, and/or remove any Feedback and/or User Content at Sumrux’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.
Sumrux does not endorse any Feedback or User Content.
RESPONSIBILITY FOR CONTENT
Please see sections 18 and 19 below.
Under no circumstances will Sumrux be liable in any way for any content, including any Sumrux content or user content.
You are solely responsible for all of Your User Content and for complying with Section 16.
Under no circumstances will Sumrux be liable in any way for any Content, including any Sumrux Content or User Content.
You acknowledge and agree that Sumrux: (i) stores User Content at the direction, request and with the authorization of its Users; (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content; (iii) plays no active role and gives no assistance in the presentation or use of the User Content; and (iv) cannot and does not review the User Content created or uploaded by its Users, and neither Sumrux nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Services for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or any applicable law, rule or regulation.
Sumrux does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, including Sumrux Content or User Content. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that have been mislabeled or are otherwise deceptive.
GENERAL DISCLAIMERS; USE IS AT YOUR SOLE RISK
use of the services, listings, listed items, Sumrux content or user content, is solely at your own risk. Sumrux does not endorse any user, listing, Sumrux content, user content, listed item or lent item.
You are solely responsible for all of your listings, user content, listed items, use of lent items, and communications and interactions with other users.
The services, listings, listed items, protection, Sumrux content and user content, are made available and provided "as is" with no representations, warranties or conditions of any kind.
Sumrux is not a rental broker, agent or insurer.
To the maximum extent permitted by applicable law, Sumrux hereby disclaims any and all representations, warranties and conditions in respect of the services, listings, listed items, lent items, Sumrux content, user content, or conduct of users, whether statutory, collateral, implied, express or arising through a course of dealing or trade, including any warranty or condition of safety, legality, availability, accessibility, security, uninterrupted use, quality, fitness for a particular purpose, quiet enjoyment, merchantability, merchantable quality, non-infringement, accuracy, timeliness, truthfulness, or currency, or that the services, listings, listed items, Sumrux content, user content or conduct of users, are or will be error-free or virus-free.
No oral or written information or advice given by Sumrux will create any representation, warranty or condition.
Sumrux is not a party to any interactions between or among users, and it is not a party to any transactions (e.g. borrowing, lending, selling, buying, Swapping or donating) regarding any listed items or any. Sumrux’s sole role is to make available the services to allow users to connect.
You acknowledge and agree that Sumrux does not have an obligation to conduct verification on any users, but may conduct such verification in its sole discretion.
LIMITS AND EXCLUSIONS OF LIABILITY
The maximum extent permitted by law, in no event will Sumrux be liable for any of the following arising out of or in connection with this agreement: (i) Special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost savings, profit, data, use, or goodwill (whether direct, indirect, consequential, special, punitive or otherwise); (iii) product liability; (iv) business interruption; (v) costs for the procurement of substitute products or services; (vi) personal injury or death; or (vii) personal or property damage arising out of or in any way connected to this agreement.
You understand and agree that Sumrux is not a party to any agreements entered into between users, nor is Sumrux a rental broker, agent or insurer. Sumrux has no control over the conduct of users or over any items, listed items,lent items, swapped items,donated items or sold items and disclaims all liability in this regard to the maximum extent permitted by law.
In no event will the total aggregate liability of Sumrux in connection with or under this agreement, exceed the amount of fees paid by you to Sumrux pursuant to these tos in the prior 3-month period immediately preceding the event giving rise to the claim. for greater certainty, the existence of one or more claims under this agreement will not increase this maximum liability amount.
This section “limits and exclusions of liability” will apply to all causes of action whether in contract, tort (including negligence and injury), fundamental breach, strict liability or any other legal or equitable theory, even if Sumrux has been advised of the possibility of the damages, or if any remedy you have fails of its essential purpose, and will apply whether or not any damages could have been foreseen or prevented or whether Sumrux was advised of same.
INTELLECTUAL PROPERTY OWNERSHIP
Except for the rights granted to You expressly herein, as between Sumrux and You, Sumrux reserves all right, title and interest (including all intellectual property rights) in and to the Services, including any Sumrux Content. The App are licensed, not sold, to You.
You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Services or Sumrux Content.
All trademarks and other indicia of origin appearing on or in the Services or Sumrux Content are the property of Sumrux or Sumrux’s service providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on or in the Services or Sumrux Content.
Sumrux, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
Your User Content is, as between You and Sumrux, Your property.
REPORTING COPYRIGHT INFRINGEMENT CLAIMS
Sumrux take claims of copyright infringement seriously. Sumrux will respond to notices of alleged copyright infringement that comply with applicable laws. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged infringement.
Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers' fees) under applicable laws, rules and regulations.
It is Sumrux’s policy in appropriate circumstances to disable and/or terminate the accounts of Registered Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
EXTERNAL SOURCES AND SERVICES; THIRD PARTY BENEFICIARIES
Sumrux is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Services. If You use any third party website or service through the Services, then You do so at Your own risk.
Such third party websites or services may be subject to their own terms of service and privacy policies. Sumrux is not responsible or liable for the availability or accuracy of such third party websites or services, or the content, products, or services available from such third party websites or services.
Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, Sumrux.
Your use of the Services using applications developed for Apple iOS or Android mobile devices is subject to terms set forth in the Apple's or Google’s terms of service (as applicable).
Some portions of the Services implement Wix and Corvid API(s) with respect to notifications and messaging. Use of Wix’s services are subject to Wix’s terms of service, located at: https://www.wix.com/about/terms-of-use
Payment processing is governed solely by PayPal’s user agreement, which is available at paypal.com/ca/webapps/mpp/ua/useragreement.
Apple, Google, Wix, Corvid, Ascend and PayPal, and/or their applicable international subsidiaries and affiliates, will be third-party beneficiaries to this Agreement. Such entities are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner.
LINKING TO THE WEBSITE
Sumrux welcomes links to the homepage of the Website. You may only establish a hyperlink to the homepage of the Website if: (i) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of Your site by Sumrux or anyone having rights to any Content or create the false appearance that an entity is associated with or sponsored by Sumrux; and (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with Sumrux, its trademarks or any other trademarks appearing on or in the Services.
Sumrux does not permit framing or inline linking to any other website, service or application.
SERVICES UPDATES; TOS AMENDMENTS
Sumrux may, in Sumrux’s sole discretion, release fixes, patches or updated versions of the Services or otherwise add or remove services, Content or features (including modifications to the features, availability or functionality of the Services and/or Content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the Services and will be subject to the terms and conditions of these TOS.
Sumrux may amend these TOS, or any provision thereof, with immediate effect at any time and without notice. Your use of the Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOS in effect at the time of such use.
TERMINATION; SUSPENSION AND AFTER TERMINATION
Sumrux reserves the right to reject, suspend or terminate the Services, any Registered User’s Account, any Listing, or Your use of all or any portion of the Services at any time and for any reason, in Sumrux’s sole discretion. Sumrux has no obligation to provide you with any notice of your breach of these TOS, but we may choose to provide notice, and an opportunity to cure such breach, in our sole discretion should we so choose.
The terms and conditions in these TOS will continue to apply to Your past use of the Services, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to Sumrux.
You may cancel Your Registered User Account at any time via the Services or by sending an email to firstname.lastname@example.org. Please note that if Your Registered User Account is cancelled, Sumrux does not have an obligation to delete or return to You any of Your Content or Feedback.
Upon termination of these TOS or Your Registered User Account: (i) You will remain liable for all amounts due hereunder; (ii) any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination; and (iii) if you are a Requester with any outstanding Lent Items, swapped item or purchases item, immediately return all of such Items to the respective owners or pay in full to have it repaired or replaced.
If Sumrux takes any of the measures described above (w) we may communicate to Your Requesters or owners that a pending or confirmed booking has been cancelled, (x) we may refund Your Requesters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (y) we may support Your Requesters, on an exceptional basis, in finding potential alternative Items, and (z) You will not be entitled to any compensation for confirmed bookings that were cancelled.
You agree to indemnify, defend and hold harmless Sumrux and its affiliates, and their shareholders, directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers' fees) that arise from or relate to (i) Your breach of these TOS; (ii) Your Use of the Services; (iii) Your User Content; (iv) Your interaction with any Users; (v) Your Listing(s); or (vi) the booking, use and rental or purchase of an item rented to You, as a Requester or Buyer, or by You, as a owner, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a request , hire, sale, swapping,donation or use of an item for hire, sale, swap or donation.
Sumrux has the right but not the obligation to participate in any defense or settlement. If Sumrux chooses to participate, then each party must pay for its own lawyers' fees.
For all purposes, Sumrux and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
Sumrux may assign or transfer these TOS in whole or in part at any time without Your consent. You may not assign these TOS or assign, transfer or delegate Your Registered User Account or any of Your rights or obligations under these TOS. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
WAIVER OF CLASS ACTIONS
To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Services or these TOS must be individually named. You hereby waive any right you may have for any dispute pertaining to the Services or these TOS to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.
SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitutes the entire understanding, and supersedes all other understandings, between You and Sumrux concerning the subject matter hereof. No waiver of a right of a party under these TOS will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Sumrux will not be liable under these TOS because of a failure or delay in performing Sumrux’s obligations hereunder on account of any cause beyond Sumrux’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
LANGUAGE OF THIS AGREEMENT
It is the express wish of the parties that these TOS and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
APPENDIX A – ACCEPTABLE USE & CONDUCT POLICY
NONE OF YOUR USER CONTENT, LISTED ITEMS OR FEEDBACK WILL:
be posted, uploaded or transmitted to the Services other than via the App/website;
(i) infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral right or other intellectual property or proprietary right, or right of publicity, privacy or confidentiality; (ii) violate, or encourages any conduct that would violate, any applicable law, rule or regulation or would give rise to civil or statutory liability; (iii) promote or contain illegal or harmful activities or substances, such as hazardous substances; (iv) be fraudulent, false, misleading or deceptive; (v) be defamatory, libelous, obscene, pornographic, vulgar or offensive; or (vi) be violent, unsafe or threatening, or promote discrimination, bigotry, racism, hatred, abuse, offense, violence, harassment or harm against any individual or actions that are any of the foregoing or;
contain opinions or notices (commercial or otherwise) or chain letters;
contain URLs or links to web sites or services (to advertise Your company or web site or services); or
be used by You to impersonate another person, living or dead.
WITHOUT LIMITING THE RESTRICTIONS ABOVE, NO owner SHALL LIST ANY OF THE FOLLOWING ITEMS:
defective or non-functional items
items that are illegal or unauthorized to sell under any applicable law, rule, or regulation, including but not limited to counterfeit, replica, embargoed or stolen items
offensive or obscene materials
drugs or drug paraphernalia
tobacco or other smoking products
bodies, body parts, or bodily fluids of humans or other animals
surveillance tools or equipment
weapons or firearms (other than kitchen utensils)
lottery or gambling items
items that have been identified by any governmental agency as hazardous to consumers
items subject to a recall
financial products, including securities, equities, mutual funds, other funds, or bonds
YOU MAY NOT DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING IN CONNECTION WITH SERVICES AND LISTED ITEMS:
use the Services, or offer or use any Listed Item, for anything other than Your own personal purposes;
use the Services, or offer or use any Listed Item, for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;
contact a User for any purpose other than asking a question related to a Listing;
offer, as a owner, any item for hire, swap,sell, donation that You do not yourself own or have permission to rent , exchange, donate or sell;
offer, as a owner, any item for hire, sale, swap, donation for a price You do not intend to honor;
fail, as a owner, to deliver a Listed Item to requester after You have confirmed a requested booking for such item;
fail, as a requester, to return a Borrowed Item to owner;
fail to honour Your commitments, including failing to pay any amounts owed to Sumrux or any User;
use the Services to find a owner or User and then circumvent these TOS or complete a booking of an item for hire, exchange, donation or sale transaction independent of the Services in order to circumvent the obligation to pay any fees or split any revenue with Sumrux under the TOS;
register for more than one Registered User Account or register for a Registered User Account on behalf of an individual other than yourself;
access or ascertain, or disclose, any other User’s password, Registered User Account, Content, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly;
use the Services to "stalk", harass, threaten, intimidate, harm, cause a nuisance to, annoy, or inconvenience any User;
violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Services;
use Sumrux’s name, any Sumrux trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sumrux’s express written consent;
exploit, use, make available, rent, lend, sell, frame, mirror, perform, display, broadcast, publish, exhibit, transmit, distribute, license, modify, delete, copy, download, post, create adaptations or derivative works of any of the Services;
operate a server in connection with the Services, including, but not limited to, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Sumrux Content or User Content transmitted through the Services, or to otherwise to send altered, deceptive or false source-identifying information;
take any action that imposes, or may impose (in Sumrux’s discretion) an unreasonable or disproportionately large load on, or otherwise disrupts, restricts, inhibits or impedes Sumrux’s or the Services’ infrastructure;
interfere or attempt to interfere with the proper working of, or any activities conducted on or in the Services;
replicate the “look and feel” of the Services;
use any of the Services to, or solicit any other User to, build or join a product or service which competes the Services;
decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of the Services;
upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter any computer, communication network, device (including Your Mobile Device), data, or the Services, or any other system, device or property;
violate, or attempt to violate, the security of the Services, or any User’s Registered User Account, in any way through any means or device (e.g. spamming, hacking, crashing, uploading viruses or time bombs); or
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.