1. Rental contract

For the purpose of these Terms of Use and including the applicable policies which are herein by way of reference, wherever the context so requires or “user” or “he/ she” or “his/ her” shall mean any natural or legal person who is competent to enter into a legally binding contract under the “Indian Contract Act, 1872” (hereinafter referred to as the “Contract Act”). Any person who is not competent under the Contract Act to enter into a legally binding contract including minors, un-discharged insolvents, persons of unsound mind etc are not eligible to use this website. This website is intended for individuals who are 18 years of age or above. By accessing or using this website or the services rendered by this website in any manner, the user and the website user warrants that he/ she is 18 years of age or above.

Items rendered for refurbished/ hire on this website may be used by individuals who are below 18 years of age, but rentals and all other payments should necessarily be made by persons who are 18 years of age or above. If a minor (person below 18 years of age) wishes to use or transact on this website, such use or transaction shall be made by his/ her legal guardian or parents on this website. The website owner reserves the right to terminate the membership and/ or refuse to provide the website user with access to this website if it is brought to the website owner’s notice or if it is discovered that the website user is under the age of 18 years or is incompetent to enter into a legally binding contract according to the provisions of the Contract Act.

Any person using the services rendered by this website on behalf of any other person/ partnership concern/ proprietorship/ firm/ body corporate/ company represents and warrants that he/ she is duly authorized by such person/ partnership concern/ proprietorship/ firm/ body corporate/ company being the user to accept these Terms of Use and including the applicable policies which are incorporated herein by way of reference, that such person has the authority to bind the user to these Terms of Use and including the applicable policies which are incorporated herein by way of reference.

The parties to this agreement are the lessor and the lessee where SharePal. Or the company is the lessor & the customer who wishes to rent the product or accessory is the lessee or “you”. By renting any product or accessory on www.Sharepal.in owned by SWNAC E KIRAYA SERVICES PRIVATE LIMITED you agree to be bound by these general terms and conditions of the company. The terms of the rental agreement are as follows:

2. Nature of Contract

Here the rights to use the product are transferred to you on payment of the rent to SharePal and thus you are the deemed owner of the usage rights of the good. In no way this contract signifies that the good(s) belong to you on a permanent basis, the same have to be returned in a condition similar to the condition in which it was delivered to you.

3. Tenure of Contract

The contract has a period that is equivalent to the tenure of the contract that has been chosen by the customer while placing the order. The return date is fixed and is imprinted on the proforma invoice, the product/accessory has to be returned in as-is condition, by the return date, as was delivered to the customer by SharePal.

4. User account creation & registration

The website user may need not register himself/ herself to navigate through this website, but, is required to register himself/ herself on this website by making an account on this website, called as the “SharePal Account” for availing all/some of the services provided by this website, including, but not limited to renting of the products available on this website. The website user shall be allowed to rent the products displayed on this website or avail any of the services provided by this website, only after registering himself/ herself on this website. Website user shall maintain the privacy and confidentiality of the information provided by him/ her for registering himself/ herself on this website called the “Account Information” including, but not limited to the display name and the password. The website user shall be solely liable and responsible for the correctness of the account information being provided by him/ her.

The website user may also register by logging into his/ her account with a third party social networking sites, including, but not limited to Facebook and Instagram. The website user may choose to link his/ her SharePal account with third party accounts, by either providing website user’s third party account information to this / website on SharePal Account, or Allowing the website owner to access the website user’s third party account on the social networking site, as is permitted under the applicable terms and conditions that govern the website user’s use of each of the third party account on the social networking site.

The website user represents and warrants that he/ she is entitled to disclose his/ her third party account login information on the social networking site(s) to the website owner including, but not limited to, for the purpose described herein, without breaching any of the conditions that govern the website user’s use of the applicable third party account on the social networking site(s) and without making the website owner responsible in any manner, whatsoever. By granting website owner the access to any third party account on the applicable social networking site(s), the website user understands that the website owner will access, make available and store any content that the website user has provided to and stored in the website owner’s third party account on the applicable social networking site(s). Unless otherwise specified in the Terms of Use of this website, all information provided by the website user to the third party account on the applicable social networking Site(s) shall be considered to be information provided by the website user to this website for all purposes. Depending on the privacy settings that the website user has chosen in such a third party account on the applicable social networking site(s), any personally identifiable information that the website user posts on such third party account on the applicable social networking site(s) would be available through the website user’s SharePal Account. If the website user’s third party account on the applicable social networking site(s) becomes unavailable or the website owner’s access to website user’s third party account on the applicable social networking site(s) is terminated by the third party account service provider, then in that case the content which was being accessed by the website owner through such third party account would no longer be available on this site.

The website user’s relationship with the third party service provider associated with the website user’s third party account on the applicable social networking site(s) is solely governed by the website user’s agreement(s) with such third party service provider. The website owner does not review any of the information provided by the website user to such third party account on the applicable social networking site(s) for any purpose, including, but not limited to, for accuracy, legality or non-infringement and the website owner is not responsible for any information which the website owner uses from the Third Party Account.

The website user agrees that if the website user provides any information which is inaccurate, not current or incomplete or where the website owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use of this website then the website owner shall have the right to indefinitely suspend or terminate or block access to membership of the website user on this website and refuse the website user access to this website, without assigning any reason(s), thereof.

5. Use of this site

The website user shall at all times while accessing, uploading and/ or using the services of this website shall abide by the following principles : website user shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which: belongs to another person and to which the website user does not have any right to; is grossly false, inaccurate, harmful, harassing, abusive, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing in any manner, whatsoever; is misleading or harms minors in any way; is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides information violating someone's privacy, or provides or creates computer viruses; contains video, photographs, or images of another person, without that person’s consent; impersonates another person; tries to gain unauthorized access or exceeds the scope of authorised access to them or profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; interferes with another website user's use and enjoyment of this website or refers to any other website or URL, that in website owner’s sole discretion, contains material that is inappropriate for this website or any other website, contains content which is prohibited or violates the letter or spirit of these terms of use. violates any law for the time being in force; deceives or misleads the addressee and/ or other website users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation. The website user shall not create liability for the website owner or cause the website owner to lose (in whole or part) the services of the website owner’s internet service provider ("ISPs") or other suppliers; The website user shall at all times abide by the requirements of the Information Technology Act, 2000 (hereafter referred to as the “IT Act”) and the rules, regulations, policies, guidelines, bye-laws and notifications made thereunder and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this website. The website user shall unequivocally declare that in case of violation of any of the provisions of the IT Act and/ or rules, regulations, bye-laws, policies, guidelines and notifications made thereunder and/ or any law which is applicable for the time being in force, the website user shall be solely responsible at his/ her own costs for all acts, deeds and things and the website user shall be liable for any kind of civil or criminal liability thereunder.

6. Content of this website

This website may contain references/links to Third Party websites/ Resources, including but not limited to, products, services or other content. The website user acknowledges that the owner is not liable in any manner, whatsoever, for any of such content, which includes the availability and accuracy of such websites/ resources and the content, products or services offered by such websites/ resources as may be displayed on this website or that the website user may be re-directed to while accessing this or availing the services offered by this website. It is hereby clarified that the references/ links to such Third Party websites/ Resources, which may be displayed on this website, are not owned, operated or controlled by the website owner and it does not imply any endorsement by the website owner. The website owner shall not be liable for any of the privacy practices of the Third Party website(s)/ Reference(s).

Any comments, feedback and/ or suggestions posted by the website user on this website are the sole and exclusive property of the website owner and the website user assigns unequivocal and irrevocable right, title and interest including but not limited to trade secret, moral, proprietary and other intellectual rights therein, in all the comments, feedback and/ or suggestions posted by him/ her on this website. The website user explicitly agrees that the website owner has the exclusive discretion to remove any content uploaded by him/ her or restrict the publication of any content on this website, without assigning any reasons to the website user. The website user hereby explicitly agrees that the website owner may use the content uploaded by him/ her for any purpose as it may deem fit to the website owner, including but not limited to, promotion, advertising and marketing the services offered by this website without taking any consent of the website user and without any payment by the website owner in relation to such use to the website user. It is also clarified that the content uploaded by the website user shall be in consonance with these Terms of Use.

The website user is required to provide a valid phone number, credit card/debit card details, accurate and full Shipping Address in order to avail of the services provided by the website owner, including and not limited to, placing orders for renting or purchasing the Products displayed on this website. By registering the phone number with the website owner, the website user consent to be contacted by the website owner via phone calls and/or SMS notifications, in case of any Order or shipment or delivery related updates.

Content made available on this website, including but not limited to, images, specification of the products or any comments or reviews of the user are available on “as is” and “as available” basis and is displayed solely for informational purpose. The content made available on this website shall not be relied on by the website user as substitutes for professional advice or services. It is hereby clarified that the website owner shall have the sole discretion to update, change or modify the content made available on this website. The website user exclusively agrees and acknowledges that the website owner is not liable for any non-disclosure or incomplete disclosure of any information in relation to the products displayed or the services offered by this website.

It is hereby clarified that the website owner is not partnering or associated in any manner with any of the Brands or Designers specified on this website. Each of the products displayed on this website is exclusively owned by the website owner. The copyright, design rights and other intellectual property rights in relation to the products displayed on this website are owned by the specific Brand, as the case may be and the website owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this website. The products displayed on this website are not provided under the authority and control of the specific Brands or Designers, as the case may be. All photographs used on this website are the exclusive property of the website owner. The website owner has taken reasonable efforts to ensure that the products listed on this website are authentic and original works of the specified brand.

The website user shall not make any negative, defamatory or derogatory comment(s), statement(s), review(s) about the website owner, the brand name and/ or the domain name, or otherwise engage in any conduct or action that might tarnish the image, goodwill or the reputation of the website owner.

7. Disclaimer

The website owner does not guarantee that the website user will always have uninterrupted access to this website and it does not warrant that the information available on this website is complete, true, accurate and not misleading. Nothing on this website constitutes or is meant to constitute advice of any kind. The website owner will make their best effort to provide an error-free and continuously available website without any dangerous elements being sent to the website user’s computer, laptop, mobile phone or any other device with which he/ she is using this website. However, the website owner shall not be liable to the website user in any way, in relation to the content, use, electronic communication sent or otherwise anything in connection with this website is free from viruses or other harmful components. The website owner cannot fully control the internet’s flow of information, it cannot ensure that they do not contain any elements that may harm the website user’s computer, laptop, mobile phone or any other device with which the website user is using this website.

The website owner may, at its own discretion, at any time without any prior notice, take steps to ensure the security and quality of this website and restrict or limit access to this website.

8. Indemnity

The website user shall indemnify the website owner, its subsidiaries, representatives, affiliates, assigns, group companies, employees, directors, agents and officers against all the liabilities arising out of the use of this website and/ or any claims, demands, expenses, liabilities (including statutory liability), penalties, damages (including but not limited to, compensatory, direct, incidental or consequential), awards, losses, costs (including, but not limited to, legal fees) or actions arising out of any applicable law or the breach or non-performance of any of the provisions of these Terms of Use or any of the Policies by which this website is governed, including but not limited to Privacy Policy, Intellectual Property Policy, Returns and Refunds Policy or due to hacking/ lapse in the security of this website.

9. Intellectual Property

Any information/ material/ images which are available on this website are solely for the personal and non-commercial use of the website user. The website user shall not copy, reproduce, republish, upload, post, transmit, misuse or distribute such material in any way, including by email or other electronic means or assist directly or indirectly another person for any purpose, including but not limited to to, for their personal gain. Without the prior written consent of the website owner, modification and/ or use of the information available on this website on any other website or website or networked computer environment or use of the information/ material/ images for any purpose, whatsoever, is a violation of the Intellectual property rights of the website owner and is strictly prohibited. The website user acknowledges and agrees not to register, use or file in his/ her own name or in the name of any other person or Company any intellectual property, including but not limited to trademarks, which is same or similar or resembling, in any manner and not to associate the same with his/ her own business or any other business, except for the purpose and in the manner as specified in these Terms of Use and all the Policies available on this website. The website user agrees and acknowledges that the Intellectual Property available on this website is the rightful and sole property of the website owner. In this regard, Intellectual Property shall include but is not limited to, name, signature, brand name, word, letter, numeral or combination thereof, trademark, service mark, trade name, copyright, design, logo, know-how, trade secrets, photographs/ images, whether registered or not. Any use for which the website user receives any remuneration, whether in money or otherwise, is a commercial use for the purpose of this clause and commercial use of the Intellectual Property belonging to the website owner and/ or available on this website is strictly prohibited.

The website owner respects the intellectual property of others. If the website user is of the opinion that any of the products displayed on this website infringes his/ her copyright, then a request may be made to the website owner on the details available on this website for the removal of the said product from this website. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this website. The website owner may, at its sole discretion, take any action as it may deem fit to them.

10. Confidentiality

The website user hereby agrees that he/ she shall not disclose to any third party any trade secret or confidential information pertaining to this website, including but not limited to, services offered, products available, website content and transaction undertaken on this website. The provisions of the Privacy Policy of this website shall apply in case of breach of this clause.

11. Limitation of Liability

In no case, shall the website owner be liable for any special, direct, indirect, incidental or consequential damages of any kind in connection with the usage or anything which is available on this website. Notwithstanding anything, which is stated in these Terms of Use and all other policies available on this website, in the unlikely and rare scenario, the website user hereby acknowledges that in any event, the website owner’s aggregate liability with respect to the service and/ or usage of this website shall be limited to and not exceed, the sum equivalent to the Rental Fee or the refurbished Price of the single and the most recent transaction undertaken by him/ her on this website and shall be as per these Terms of Use (excluding the Delivery Charges and/ or any other extra charges, if any).

12. Applicable Laws & Jurisdiction

Terms of Use and all other policies available on this website shall be interpreted and construed in accordance with the laws of India.

Any dispute or claim relating to products available on this website or the services rendered by this website, its enforceability or the termination under these Terms of Use and/ or other policies available on this shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by the website owner. The place of Arbitration shall be Ambikapur and the language of proceedings shall be English. The website user and the website owner agree specifically to submit to the exclusive jurisdiction of the Courts of Ambikapur, Chhattisgarh, India over any disputes relating to the subject matter, herein.

Upon failure to amicably settle any Dispute, the dispute shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.Notwithstanding anything to the contrary contained herein, any dispute, controversy and / or claim arising out of and / or relating to this contract, including its construction, interpretation, meaning, scope, operation, effect and / or validity thereof (“Dispute”), shall be resolved by arbitration, administered by Presolv360, an independent institution, in accordance with its Dispute Resolution Rules (“Rules”).

The parties agree that the arbitration shall be before a sole arbitrator appointed under the Rules. The juridical seat of arbitration shall be , India. The language of the arbitration shall be English. The law governing the arbitration proceedings shall be Indian law. The decision of the arbitrator shall be final and binding on the parties. Subject to the above, the competent courts at the seat shall have exclusive jurisdiction.

The parties agree to carry out the arbitration proceedings virtually through the online dispute resolution (“ODR”) platform of Presolv360 (https://presolv360.com/) and, for such purpose, the email addresses and / or mobile numbers available, provided or otherwise referenced in the contract shall be considered. Each party shall be responsible for intimating such institution in the event of any change in its email address and / or mobile number throughout the arbitration proceedings. In the event the arbitration proceedings cannot be administered virtually in the opinion of the arbitrator, the proceedings shall be conducted physically, and the venue of the proceedings shall be as determined by the arbitrator having regard to the circumstances of the case, including the convenience of the parties.

13. General Provisions

If the website user does not agree to any of the provisions of these Terms of Use and/ or the provisions of the other Policies available on this website, including but not limited to, Privacy Policy, Intellectual Property Policy, Returns and Refunds Policy, then the only remedy with him/ her shall be to not use/ access this website and discontinue using the account made on this website.

The website user acknowledges and agrees that he/ she abides and is well aware of all the provisions of these Terms of Use and all the Policies available on this website, including but not limited to, Privacy Policy, Intellectual Property Policy, Returns and Refunds Policy before placing any order for a product displayed on this website. The website owner is an individual contractor and the website owner is in no manner acting as the website user’s agent.

The website owner shall not be responsible in any manner, including but not limited to, delay or failure to comply with their obligations arising as per these Terms of Use and/ or other Policies available on this website, in case of events like acts of God, fire, wars, sabotage, civil unrest, riots, labour unrest, the action of Statutory Authorities/ local authorities or State/ Central Government, change in laws/ rules/ regulations and/ or any cause which is beyond the reasonable control of the website owner.

If the website user breaches any of the provisions of these Terms of Use and/ or other Policies available on this website, the website owner shall still be entitled to enforce their rights/ remedies arising out of these Terms of Use and/ or other policies available on this website.

If any of the provisions of this Terms of Use or the provisions of the policies available on this website, hereunder becomes in whole or in part, invalid or unenforceable, but, the same would be valid and enforceable if some part of that provision which is invalid/ unenforceable is deleted and the remaining provision shall ly with such deletions, that may be necessary to make it valid and enforceable. If any Court/ Tribunal of competent jurisdiction holds any of the provisions of these Terms of Use and/ or provisions of the Policies available on this website, hereunder invalid or unenforceable, the remainder of the provisions shall remain in force, the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

Unless otherwise stated expressly, the delay/ failure by the website owner in exercising any right(s)/ remedy(ies) arising out of these Terms of use and/ or other Policies available on this website, hereunder, shall not constitute a waiver of right(s) or remedy(ies) and no single/ partial exercise of any right(s) or remedy(ies), hereunder, shall prevent any further exercise of the right(s)/ remedy(ies) by them.

13. Communication

When the website user uses this website or send emails or other data, information or communication to the website owner, the website user agrees and understands that he/ she are communicating with the website owner through electronic records and the website user consents to receive communications via electronic records from the website owner periodically and as and when required. The website owner may communicate with the website user by email or by such other mode of communication, electronic or otherwise.

All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be sent tohello@sharepal.in, if to the website owner, if to the website user, it shall be to the email address and/or postal address registered with the website owner.

SharePal retains the right to alter and amend these terms of use at any time without intimation and the amended Terms of use would be available at the same page for reference.

14. Disclaimer

SWNAC E KIRAYA SERVICES PRIVATE LIMITED reserves the right to cancel any orders completely or partially before delivery with or without prior information & in such scenarios, we'll initiate the refund process for the security deposit amount and the customer will receive it in their source account within 7-10 working days.

Any current/future orders placed by the customer has no connection with any of his/her previous orders.

SharePal shall provide the services under the agreement, either by itself or through any third-party. In case the services are provided through any third-party, SharePal shall share the details (only to the extent required to provide the services) of the customer to enable such a third party to provide the service. The customer hereby authorizes SharePal to share the details of the customer with such third parties.