Terms & Conditions
Last updated June 30, 2022
The Zemose website (“Website”) and related services (together with the Website, the “Service”) are operated by Zemose.com/zemose.in. (“Zemose,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). Accessing or using any part of the Service constitutes a legal agreement ("Agreement") that you have read, understood, and agree to be bound by these Terms and Conditions. Zemose may amend, update or change these Terms and Conditions. If we do this, we will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
Description of Website and Service
The Service allows users (each a "User") to rent product(s) from other users(known as zemoser) as well as make requests for product(s) they are looking for ("Borrowers"). Users can offer their own product(s) in Zemoser area . Zemose provides an online platform to connect these Borrowers and Sellers. Accordingly, Users of the Website must be of legal age in their applicable state or other jurisdiction to form and perform binding legal contracts for the rental/exchange between them; and in no case shall any User be less than eighteen (18) years old. Registration is void where prohibited. Your registration for, and/or use of, The Website constitutes your representation and warranty that: (a) you satisfy these eligibility requirements, and (b) you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement. Zemose may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
Registration
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Zemose; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Zemose, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
Your Representations and Warranties
You represent and warrant to Zemose that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the India, United States, Canada, and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the India, United States, Canada, and/or the jurisdiction in which you reside.
Contact With Other Members
You are solely and exclusively responsible for your interactions with other members and/or Users, whether in person or online. You acknowledge that Zemose does not directly screen Users, nor does Zemose perform any investigation into Users' background or any of their representations or statements made to you or others. Zemose MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY USER. In no event shall Zemose be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User (including you) in connection with use of the Website, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.
Description of Rental Offer
The Rental Offers describe the objects, products and goods that are currently on offer for rent. They can only include the words, documents and images which the member decides to put online. Members are responsible for their Content, especially with regards to any intellectual property claims which might be made by a third party. All the objects, products, goods, and spaces must be placed in the appropriate category. Any Member, including you, who posts a Rental Offer (a "Seller/zemoser") is solely responsible for ensuring proper category choices for their rental offers. Placement of an offer in a particular category by a Seller can in no instance be interpreted as a guarantee on Zemose’s part regarding the origin and authenticity of said rental object. A Seller must have either all ownership rights on an object, or all rights allowing them to put the object they have listed up for rent. Any material terms and conditions of a Rental Offer, including, but not limited to, cost of rental, security deposit, delivery, maintenance fees, or any additional fees, representations or warranties must be clearly indicated in the Rental Offer. Further, if any Rental Agreement is to be proposed by the Seller it must be attached to the Rental Offer. While the Rental Offer will include the Seller's city and state or province, the Seller may make no mention of personal contact information anywhere on the Rental Offer. Things that count as contact information include, but are not limited to, the physical location of the Item, the Seller’s physical address, fax, telephone number, mailing address email address, or any other way to contact the Seller outside of the Zemose interface. Zemose recommends that Sellers obtain appropriate insurance for their Rental Offers(equipment). Please review any insurance policy that you may have for your Offer and any property relating to your offering carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers (and the individuals the Borrower invites to participate in the service or activity, if applicable) while participating in the service or activity you sponsor.
Proposed Borrowers Obligation
Any Member, or you, who wishes to send a "Reservation Request" to a Rental Offer (the "Proposed Borrower") agrees that he or she will review the Rental Offer in its entirety, including any proposed Rental Agreement, before sending a Reservation Request. If the Proposed Borrower wished to amend any terms of the proposed Rental Agreement, he or she must do so in his or her Reservation Request.
Sellers Obligation-Zemoser
The Sellers, not Zemose, are solely responsible for honoring any confirmed bookings and making available any Listings reserved through the Service. If you, as a Buyer, choose to enter into a transaction with a Seller for the booking of a Listing, you agree and understand that you will be required to enter into an agreement with the Seller and you agree to accept any terms, conditions, rules and restrictions associated with such Listing imposed by the Seller. You acknowledge and agree that you, and not Zemose, will be responsible for performing the obligations of any such agreements, and Zemose is not a party to such agreements and disclaims all liability arising from or related to any such agreements. Sellers also agree to abide by the terms and conditions set forth by respective payment/payout gateways (zemose linked with) in order to receive/deposit payments.
Zemose is Not a Party to Any Rental Agreement
Zemose does not itself offer any rental services. The site is an online marketplace only, designed for the unique purpose of putting people who want to rent product(s) in touch with people who have product(s) to rent. We never intervene in the transaction between the Borrower/Renter and the Seller. Zemose cannot thus be considered part of the Rental Agreement between members of the Site. Zemose exercises no control over the quality, safety or legality of Items listed, or over the truthfulness or accuracy of the Rental Offers, or over the ability of Sellers to rent the Items listed or over the ability of the Borrower to rent or pay for the rental of any Items. We do not guarantee that the Parties will complete any or all terms of the transaction in some circumstances or situations. Any security deposits or guarantees required by the Seller in whatever form, remains the sole responsibility of the Borrower/Renter and Seller. Zemose is not fully responsible for the collection, retention, or refunding of any security deposit, for the control of the exact identity of the Seller and the Borrower, or for collecting money owed by the Borrower to the Seller or by the Seller to the Borrower. Accordingly, Zemose recommends that you seek professional advice when preparing a Rental Agreement..
Accepted Terms/Rental Transactions
The Seller is free to accept or deny any Rental Request. However, once the Seller has accepted the Reservation Request, the Seller and the Proposed Borrower agree that the proposed terms of the transaction, including any Rental Agreement is binding (subject to any conditions laid out in the Rental Agreement, such as inspection upon delivery.) Zemose is not responsible for any "double booking" by a Seller or the late return of an Item by a Borrower. As such Zemose highly recommends that Sellers leave enough time between accepted Rental Requests to receive the Item back from a previous Borrower. Zemose is not responsible for the condition of the Items posted in a Rental Offer. As such, Zemose highly recommends that the Proposed Borrower inspect the Item prior to signing a rental and that the delivery of any Item occurs in person.
Pricing Policy
i. Listing Fee - Currently there is no cost for a member to post an item or service for rent. However, post Beta a listing fee may be implemented. There also may be options for a lender to pay an extra cost to get their item highlighted, or other possible listing upgrades. ii. Borrower Service Fee - Currently there is a percentage fee that a Borrower/Renter needs to pay to Zemose.Payment/payout gateways , Zemose's payments processors, collects a fee per transaction. iii. Commission on Transaction - there is a commission on a transaction charged to the Seller/Lender of an item(depends). This refers to a fee charged to the owner/lender that is deducted from the overall rental fee that is received from the borrower. iv. Cancelation Fee - If a Borrower cancels the Reservation Request before it has been accepted by the Seller who posted the Rental Offer or the Seller does not accept the Reservation Request, Zemose will not charge the Borrower. Subject to the terms and conditions herein, once the Seller accepts a Reservation Request, payment of the reservation fee is fully-refundable up to 72 hours before the agreed upon rental date. A 50% (or more) cancellation fee will otherwise be charged to the Borrower. v. Membership Fee - Currently there is no fee for a membership to Zemose. However, post BETA, there may be a 'pro membership' option that would enable access to premium features. vi. Rental Fee - Rental Fees are set by the Seller of the item. ix. Security Deposit - A Borrower/Renter is responsible for providing the Seller with a security deposit if the Seller has requested such. The security deposit amount is chosen by the Seller. The Seller is responsible for returning the security deposit to the Borrower/Renter. Should the item be returned from the Borrower/Renter to the Seller in a condition that differs from when the item was first received by the Borrower/Renter, it is the responsibility of the Seller and the Borrower to negotiate the damages and come to an agreement on what percentage of the deposit should cover the damages.
Payment Terms
i. Fee Structure - Joining Zemose is free but in exchange for providing the Service, Zemose charges a small transcation fee to the Borrower of a Rental offer. As a Borrower/Renter, you agree to pay the amount posted or agreed to by the Seller of the item you want to rent plus a small fee to Zemose for facilitating the Service and to Payment/Payout gateway. for transacting the payment process. As a Seller, posting an item is free. Some optional services or functionality may incur additional fees. ii. Payment Logistics - If you find an item that you are interested in or submit a request for an item you will be asked to provide your credit card information. Alternatively we will have it on file from a prior transaction with your permission to use that card for future reference. If the Seller who posted the item accepts your Reservation Request, your card will be charged at the time of acceptance; if the Seller fails to respond or opts not to accept your Reservation Request your card will not be charged. The funds will be transferred to the Seller upon their acceptance of your Rental Request according to Payment/Payout gateway's terms and conditions. iii. Cancellation and Refunds - If you cancel your reservation request, Zemose will refunds to you in accordance with the specific pricing policy and may be subject to a cancellation fee. Privacy - Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card billing information. Please see our Privacy Policy. iv. Taxes - Zemose may not do business as an Seller or operator of the items rented through its system. Zemose merely makes available a marketplace for Seller and Borrowers to meet and arrange transactions. Zemose is not a contracting agent or representative of the Seller or Borrower. Instead, Zemose’ role is solely to facilitate the availability of this marketplace for the Seller and Borrower and to provide services, also to improve product’s productivity by increasing audience (here consumers/customers).You understand that we are acting solely as an intermediary for the collection of rents and fees between you and any Sellers or Borrowers with whom you choose to enter into a transaction. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Sellers or Borrowers. v. Damages - As a Renter, you are responsible for returning the item in the condition that it was given to you. In the event that a Seller claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged item with equivalent items, up to the Recovery Value of the item.
Damage to Seller's Property
As a Borrower, you are responsible for returning any property you lease or borrow from a Seller in the condition it was before you took possession of the property. You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the property. IN NO EVENT WILL Zemose BE LIABLE TO A SELLER OR BORROWER FOR DAMAGE TO A SELLER’S PROPERTY.MEANWHILE BORROWER IS RESPONSIBLE FOR UNDERSTAND SAFETY AND GUIDELINES ABOUT THE EQUIPMENT AND USE, MAINTENANCE,OPERATION FROM SELLER OR ALTERNATE METHODS(online) WHERE APPLICABLE.
Remedies and Disputes
Users are encouraged to resolve disputes between members. Dispute resolution is the sole responsibility between the Seller and Borrower. If needed, Zemose will try and help to do its best to attain an amiable resolution in all disputes. YOU ACKNOWLEDGE THAT Zemose IS NOT RESPONSIBLE FOR DISPUTE RESOLUTION.
Submissions
All comments and feedback, testimonials, and other generally non-personal information submitted to Zemose ("Submissions") will be deemed non-confidential and Zemose' property. By providing one or more Submissions to Zemose, you agree to assign to Zemose, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submission(s). Subject to the restrictions on use of personal information in Zemose's Privacy Policy, Zemose will be free to use and/or disseminate the Submission(s) on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submission(s) that you provide, and that you have full responsibility for the Submission(s), including their legality, reliability, appropriateness, originality and copyright.
Employment and Withholding
Zemose is not an employment service and does not serve as an employer of any User. As such, Zemose will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of our Service. You understand and agree that if Zemose is found to be liable for any tax or withholding tax in connection with your use of the Service, then you will immediately reimburse and pay to Zemose an equivalent amount, including any interest or penalties thereon. Zemose reserves the right to offset any amounts due to you hereunder in the event Zemose is found to be liable for any tax or withholding tax in connection with your use of the Service.
No Agency
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Indemnification of Zemose
You agree to defend, indemnify and hold harmless Zemose and its owners, directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service or your breach of any of these Terms and Conditions.
NO REPRESENTATIONS OR WARRANTIES
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY Zemose ARE PROVIDED TO YOU ON AN “AS IS” BASIS. Zemose AND ITS SUPPLIERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Zemose DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL Zemose BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF Zemose HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Zemose BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN USERS, OR THE USE OF ANY PRODUCT OR SERVICE, OR PERSONS INTRODUCED BY THE WEBSITE, WHETHER ONLINE OR OFFLINE. Zemose MAKES NO REPRESENTATION OR WARRANTY AS TO THE CHARACTER, CREDIT-WORTHINESS, RENTAL HISTORY OR OTHER QUALITY OF ANY USER. Zemose DOES NOT, AND SHALL HAVE NO OBLIGATION TO, SCREEN AND/OR INDEPENDENTLY VERIFY THE INFORMATION OR OTHER MATERIALS SUPPLIED AND/OR PROMISED BY ANY USER, WHETHER OR NOT SUCH INFORMATION OR MATERIALS ARE POSTED ON THE WEBSITE. Zemose SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY COST, EXPENSE, LOSS OR DAMAGE SUFFERED BY ANY PERSON OR ENTITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR SERVICE NOT DIRECTLY PROVIDED BY Zemose ITSELF, INCLUDING BUT NOT LIMITED TO ANY USER'S PRODUCT OR SERVICE THAT IS POSTED ON THE WEBSITE.
Termination
Zemose may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Zemose account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Zemose’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
Proprietary Rights in Service Content and Activity Data
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Zemose or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Zemose, all data and information generated from your access and use of rental platform activities made available on or through the Service, including product(s) offered generated by you (collectively, the “Activity Data”), shall be exclusively owned by Zemose, and you shall not have any right to use such Activity Data except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Zemose any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of Zemose or its licensors that are not expressly granted in these Terms and Conditions are reserved to Zemose and its licensors.
Trademarks
“Zemose” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Zemose or their respective owners, and certain of them are registered with the Indian Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Zemose name or any Zemose or third-party trademarks, service marks, graphics or logos.
Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://www.Zemose.com/privacy/ or link available in any part website/mobile application. By using the Service, you consent to the terms of the Privacy Policy.
Governing Law and Arbitration
These Terms and Conditions, its subject matter and Zemose’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Government of India, Canada,(regions applicable) excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Zemose will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in the State of Kerala,India. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Zemose and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Zemose or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Zemose may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Zemose and you, and Zemose’s and your respective successors and permitted assigns.