1. TERMS OF USE:

“We” or “Our” or “Us” or “Guarented” refers to Guarented Rental Private Limited a company incorporated under the Companies Act, 2013 and shall include its successors and assignees. “Website” or “Site” or “App” shall mean www.guarented.com and such other websites and mobile applications as may be developed by Guarented Rental Private Limited from time to time. "You/you" or “Your/your” or “Yourself/yourself” or “Customer” or “The Customer” shall mean reference to the Prospective Customer or Customer or their representative (Only when authorized in writing and upon said authorization being accepted by Guarented) and any other user accessing the website www.guarented.com to purchase any “Product or Products”. By using our website, you are agreeing to comply with the Terms of Use and are bound by the Terms of Use.

2. Service (Who we are and What do we do):

The Customer, through this website can subscribe to any of the packages consisting of home appliances and/or furniture offered in various ranges by submitting relevant information that is asked for and thereafter may avail the products by paying a pre-defined fee (“Rent Amount”) on a monthly basis.

3. Term (what is the length of the Terms of Use):

This agreement shall commence on the ‘Date of Delivery (i.e. the date on which the Customer receives physical delivery of any Product(s) purchased from Guarented)’ and remain in full force and effect until the tenure of the Agreement and there shall be no acceptance of termination by Guarented until the Product(s) is returned to Guarented whichever is earlier, and in the event the Product(s) is/are returned to Guarented earlier than the ternure that has been previously agreed, upon full payment of the monies due to Guarented. After the usage, the Product(s) has to be returned to Guarented as per the Return Policy.
Before the rental of the Product(s)

4. Collection of Documents:

Guarented shall verify information that is deemed necessary before any Product(s) are rented out. Guarented shall not use the data so collected for any purpose apart from storing it for security purposes. In the event it is found that any of the information so given to Guarented is false or misrepresented in any way, Guarented shall have the right to unilaterally terminate the Agreement and shall charge any and all expenses as Guarented shall deem fit.
(After Purchase)

5. Payment:

The Customer shall pay the Rent Amount in the manner and for the amount that is agreed upon beforehand for the Product(s) that is taken on rent from Guarented by the Customer (“Rent Amount”). The Customer shall pay Guarented, in the manner that is asked by Guarented, an amount equal to all payments and fees due including any and all charges. The Customer shall also pay other charges upon return of the product(s), including but not limited to:

a.   Charges for services that have been additionally availed by the Customer, if any;

b.   All applicable taxes, government cess and other government charges that are payable by the Customer;

c.   Loss of, or damage or repair to the Product(s), loss of use, diminution of the product(s)'s value caused by damage to it or repair to it by the Customer, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;

d.   Charges for late or early return of the Product(s), applicable as per the prevailing policy of Guarented at the time of termination of the Agreement;

e.   All expenses Guarented incurs due to the Customer's failure to return the Product(s) including costs of locating and recovering the Product(s);

f.   All costs incurred to collect unpaid monies due along with unpaid dues to Guarented from the Customer;

g.   Extra delivery charges incurred, should the delivery location be outside of Guarented’s deliverable limits or in case of change of delivery location after placing the delivery order.

h.   No amount is payable apart from the amounts mentioned in the online generated bill and any payment to any delivery executive without written authorization from Guarented shall not be considered in lieu of any payments that the Customer is liable to make to Guarented.

In case of termination of the Agreement at the request of the Customer before the end of the term, a cancellation fee may be applied at the sole discretion of Guarented.

In case of termination of the Agreement at the request of the Customer before the end of the term, a cancellation fee may be applied at the sole discretion of Guarented.
Should the customer choose to relocate with our products without notifying us, Guarented shall not be liable to pay for any charges incurred in the said relocation process, and Guarented may take appropriate action for the same in accordance with these terms.

6. Security Deposit:

In addition to the fees listed above, the customer shall pay a deposit as mentioned during the online booking in the manner requested of the customer as security deposit. Guarented may use the security deposit to cover any amount due under this agreement even after the termination/determination of this Agreement in case of any damage or default to the Product(s).

7. Delivery ( Actual Delivery):

Upon confirmation of the order of the Product(s) by the Customer, Guarented shall deliver the Product(s) to the location specified by the Customer. The cost of the delivery shall be borne by Guarented. The Customer shall be physically present at the location at the time of delivery as agreed between Guarented and the Customer. In case of any mistake in the specification of the location, extra delivery charges shall be borne solely by the customer.
In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (giving a written authorization letter) for taking delivery of the Product(s) and the same shall be communicated to Guarented (support@guarented.com) in writing prior to the delivery. The representative shall provide a copy of his/her valid government identification proof and authorization letter from the Customer to the delivery personnel assigned by Guarented. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Guarented shall charge an extra delivery cost to the Customer.
Guarented shall inspect the quality and ensure that the Product(s) are working and in usable condition before the delivery of the Product(s) to the Customer. The Customer or its appointed representative shall inspect the Product(s) for any damage and quality during the time of delivery and installation. In case any Product(s) is damaged during transit or unfit for use, Guarented shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record.
In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, Guarented shall not be responsible towards replacing the Products and the responsibility shall rest solely with the Customer. The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the exact unit of residence of the Customer

8. Care of product(s):

Product(s) can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Guarented's instructions or in a manner that degrades or diminishes the value of the Product(s) barring regular wear and tear. The cost of all repairs made during the Term shall be paid by the customer, including but not limited to labour, material, parts, and other items if the product(s) was/were damaged due to the customer's fault (wilful or otherwise). Product(s) shall not be serviced or repaired and parts and accessories shall not be replaced without Guarented's prior written consent. In case of a genuine issue, due to no fault of the customer, the product(s) shall be repaired/replaced by Guarented at no extra cost to the Customer only after it has been determined by Guarented that there was no fault of the Customer and this right shall rest solely with Guarented.

9. Restrictions on use of Product(s):

Customer shall not:

a.   Permit the product(s) to be used by any person who is not authorized by Guarented to use such product(s).

b.   Operate or use the product(s) or permit it(them) to be operated or used in violation of law.

c.   Operate, use, maintain or store the product(s) in a manner likely to cause damage to the product(s).

d.   Further rent out the Product(s) to any 3rd Party

10. Loss or Damage:

The Customer shall alert Guarented of any damage to the Product(s) at the first instance of the occurrence of the said damage. Customers shall be responsible for any loss or damage to product(s) and diminution of Product(s)’s value caused by damage to it or repairs to it and missing Product(s). The customer shall pay Guarented full compensation for replacement and/or repair of any Product (s) which is not returned because it is lost or stolen or any product(s) which is (are) damaged and in need of repair to put it into the same condition it was in at the time of delivery, barring normal wear and tear. Guarented's invoice for replacement or repair is conclusive as to the amount the customer shall pay under this paragraph for repair or replacement. Any issues (including but not limited to electricity issues, rat bites, or any other issue) which reduces the value of the Product(s) shall be the sole responsibility of the Customer. Product(s) shall not be serviced or repaired and parts and accessories shall not be replaced without Guarented's prior written consent.

11. Condition of Product(s):

The Customer acknowledges that the Customer has examined the product that is rented by them and that it is in a good condition except as otherwise specified in the remarks section at the time of purchase. Guarented is not responsible for any damage if the same is not pointed out within 24 hours of acceptance of the product.

12. Return Policy of Product(s):

Upon termination/determination of the agreement, Guarented shall specify the time within which the product will be picked up from the registered residence of the Customer. The Customer, upon termination/determination of the Agreement shall give Guarented up-to 1 week from notice of termination/determination to pick-up the product. Guarented shall take delivery only from the Customer or their authorized representative. In the event that the Product is damaged in any manner because of the negligence (wilful or otherwise)- by the Customer, the Customer shall be solely liable for the said damage and the same is recoverable from the Customer. In the event that the Product(s) is at a different location than the delivery location and the change of location is not informed to Guarented, Guarented shall levy a charge upon the Customer which the customer is liable to pay which shall be determined by Guarented at that time. In the event that the Customer has rented multiple Products and does not wish to return all of the Products, the Customer shall make clear which products they wish to continue renting before the time of Guarented executives picking up the Product(s) in writing.

13. Payment Schedule:

The rent must be paid at the start of each billing cycle (The Billing Cycle is determined solely by Guarented). As per Guarented's policy, the customer must pay the rent due in each cycle in advance. If the customer fails to pay the rent within 15 days of the due date, Guarented has the right to charge a penalty of 2% of the monthly rental or Rs 50, per day, whichever is higher, for every day from 15 days after the due date until the payment is made.

14. Replacement and Relocation:

In the event the Customer wishes to replace a Product or multiple Products having no discernible defects (as determined by Guarented) the cost of replacement shall be borne solely by the Customer.
We provide a free relocation facility to customers if a customer's address has changed and is within our deliverable area, but the free relocation is applicable for the distance of 5km from the previous address. If the relocation is beyond the distance of 5km, the charges will be applicable accordingly.

15. Refund:

Delivered items cannot be returned unless they have manufacturing defects & are non-functional and if the same is pointed out within 5 days of acceptance of delivery of the Product(s). If the customer shall return the product(s) in the same condition as the customer had received it, except for normal wear and tear, the full security deposit may be refunded after recovering unpaid monies due (if any including early termination charges). The "End Date" of this rental will automatically extend unless the customer raises a pick-up request via email or call. The customer must give a week’s notice to Guarented for pick up of the Product. The total receivable amount as rent shall be calculated based on the date of the actual pick-up of the product and not the date on which notice for pick-up is sent by the Customer. In case the Customer does not provide one week’s notice and wishes to return the product(s) in a time less than one week, the customer shall agree to pay an additional fee of Rs 200/- per product. The Customer shall be inquired for the bank account details to which the refund shall be remitted. Under all circumstances, the refund shall take place in the specified bank account only, and not via any other means. Any such requests that do not pertain to the procedure mentioned in this agreement will not be facilitated. The refund process will take up to 15-20 business days after the bank account details are received. This agreement shall terminate on the day the items are returned to Guarented and confirmed to be in a good condition (only after a thorough quality check). Guarented may charge up to INR.100 for the sanitization charge after the termination of the contract.

16. Ownership:

Guarented or its Partners, leasing the Product(s) to Guarented shall at all times retain ownership of the product(s) except when a “Rent to Own'' transaction has taken place. At no point during the term of this Agreement, shall there be any construction that there is transfer of ownership of the product. In the event that the Product(s) has a lien attached, or is threatened with seizure, the Customer shall indemnify and hold Guarented harmless against all such loss and damages caused by such action and shall notify Guarented at the earliest about such threat to the Product(s).

17. Suspension, Termination & Cancellation:

Guaranted, may, at its sole discretion and without prejudice to any of their rights and remedies in law, may, limit, suspend or permanently withdraw the access of the Customer for any reason including but not limited the following:

a.   There is a belief that the Customer has breached, violated, abused or exploited the Terms of Use.

b.   In the event that the Customer uses the Website or any service of Guaranted for any unlawful or fraudulent purpose.

c.   In the event that Guarented has promised the Customer a price for a particular Product(s) which cannot be fulfilled owing to technical issues, the same offer for rental may be rescinded any time before the payment of the deposit amount is made by the Customer.

d.   In the event, there is non-payment of dues to Guarented, even after repeated reminders, Guarented shall have the right to unilaterally terminate the contract and recover any money and Product(s) that are due to be returned in any manner including instituting civil as well criminal proceedings, should they so deem fit.

Guaranted also reserves its right to take appropriate action in the event that the Customer is suspected of acting fraudulently or files any invalid, false incomplete or misleading information.

18. Rent to own:

The Customer may avail of the “Rent to own'' facility to own the Product(s) in the duration or the term of the Agreement. The purchase price of the product(s) may vary based on various factors including but not limited to rental tenure, the actual cost of the product(s) delivered, communication error, and policy changes at Guarented. The possible purchase price as notified to the customer overrides any previous purchase price notified to the customer including but not limited to communications via call, email or on the website and is considered the final “Rent to own '' price. Guarented is not responsible for any direct or indirect, special or consequential loss or damages arising from the difference in the Rent to own price notified during the latest communication and any Rent to own price communicated earlier including but not limited to loss of profits, loss of revenue even if informed of a possibility of such damages. Guarented reserves the right to refuse a sale at any time before the sale confirmation has been sent to the customer.

19. Entire Agreement:

This agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous or conflicting or additional communications. This agreement can be modified by Guareneted at any point and the Customer shall be bound by the modified/amended Terms of Use.

20. Assignment:

The Customer shall not, without the prior written consent of Guarented, transfer or assign any rights or rights to any Product(s) under this agreement or any part thereof. Any attempt to do so shall be void and shall be termed ‘illegal’ under applicable laws and the Customer shall continue to be fully responsible for the Product(s).

21. Late Rent Payment and Defaults:

a.   Should the Customer fail to pay any pending dues within 45 days of the due date (pre-decided date as on which rent amount is payable) from the customer, it shall be considered as the Customer’s unwillingness to clear said dues. In such a scenario, we shall reserve the right to commence legal proceedings against the Customer and the Agreement shall be terminable at the sole discretion of Guarented.

b.   Should the Customer fail to pay their dues even after the due date (predetermined date on which Rent Amount is to be paid) has lapsed and the Customer has been reminded through phone calls/ WhatsApp messages/ Emails or any other method possible , Guarented reserves the right to trace/locate you by whatever means necessary to recover losses faced by us including contacting family, friends and other contacts on your social media accounts if no response is received within 15 days of the first time the Customer is contacted by Guarented.

c.   Guarented reserves the right to retrieve the product(s) rented to the Customer from Customer’s possession should they fail to make the payment due in a timely manner or if they refuse to respond to any attempts of Guarented to communicate with them.

d.   Guarented reserves the right to pursue legal action and seek help from any authority under law should the Customer fail to clear the dues 45 days after the due date as well as take help from 3rd parties to help locate and retrieve products legally.

e.   Guarented reserves the right to take any action under law in case of any lapse or failure to pay or in case any product that is missing.

22. Accounts and membership:

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your Website account or any other breaches of security. Guarented will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for any reason, you may not re-register for the Services. We may block your email address and internet protocol (IP) address to prevent further registration.

23. Prohibited uses:

In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content:

a.   for any unlawful purpose;

b.   to solicit others to perform or participate in any unlawful acts.

c.   to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

d.   to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

e.   to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

f.   to submit false or misleading information.

g.   to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

h.   to collect or track the personal information of others.

i.   to spam, phish, pharm, pretext, spider, crawl, or scrape

j.   for any obscene or immoral purpose, or

k.   to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

24.Intellectual property rights:

This Agreement does not transfer from the Website operator to you any Website operator or third-party intellectual property, and all right, title, and interests in and to such property will remain (as between the parties) solely with Guarented Rental Pvt Ltd. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of the Website operator or Website operator licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any website operator or third-party trademarks.

25. Limitation of liability:

To the fullest extent permitted by applicable law, in no event will Guaranted Rentals, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise.

26. Indemnification:

The Customer shall indemnify, defend and hold Guarented harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to all litigation fees and costs) for any Product(s) damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused negligence or willful misconduct on part of Guarented.
The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Guarented be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.

27. Severability:

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

28. Dispute resolution & Governing Laws:

The Terms of Use shall be governed by the laws of India.

The exclusive jurisdiction for any action or claim related to or arising out of the subject matter of “The Terms of Use” shall be the courts located in Bengaluru, Karnataka.

29. Changes and amendments:

Guarented reserves the right to modify this Agreement and its policies relating to the Website or the Services offered by it at any time, effective upon posting an updated version of this Agreement on the Website.

Continued use of the Website by the Customer after any such changes shall constitute your consent to such changes. In the event of any new amendment to the Terms Of Use, the Customer shall agree to abide by the policies of the amended Terms of Use as per the latest amended version of the Terms of Use.

30. Acceptance of these terms:

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

31. Contacting us:

If you have any questions about the Terms of Use, the Customer may contact us at support@guarented.com