TERMS AND CONDITIONS
Last Updated On: 1 October 2016
1. Terms and Conditions
The yBuySell website (Website) and related services (together with the Website, the Service) are operated by yBuySell.com. ('yBuySell', 'us', or 'we'). yBuySell is a web-based system to allow you to manage lending, borrowing, renting and hiring transactions with other people or organisations. 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 that you have read, understood, and agree to be bound by these Terms and Conditions. yBuySell 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.
2.1 The Service allows users (Borrowers) of www.yBuySell.com to rent items and spaces from other users as well as make requests for items they are looking for from users willing to offer such items (Lenders). yBuySell provides an online platform to connect Borrowers and Lenders. 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. 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.
2.2 yBuySell 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.
2.3 Users must give us accurate information about yourself. When you register as a member, you must provide to us complete, accurate and current personal information. You must maintain and update your personal/ organisational information held by us to ensure it is kept current at all times. You shall not register as a member under multiple identities or personas (whether false or not). We may, at our discretion, call or email you to verify these details.
2.4 yBuySell reserves the right to terminate, suspend, or otherwise limit your membership at any time. We reserve the right to decline to register or to terminate your membership at any time. For example, but without limitation, we may terminate your membership if (a) we receive significant complaints about you from other users/ members of the Website; (b) if you breach these Terms and Conditions, or (c) in exceptional circumstances if we, at our sole and absolute discretion, deem your behaviour to be unacceptable.
2.5 You must keep your login information secure. You are responsible for keeping your login information, including your email address and password, secret and secure. If any person obtains information that allows that person to gain access to your membership, you will be responsible for that person’s actions.
2.6 You are solely and exclusively responsible for your interactions with other members and/or users, whether in person or online. While yBuySell does a screening/ rating of certain users, yBuySell neither (a) performs any investigation into users' background or any of their representations or statements made to you or others; nor (b) makes any representations or warranties as to the background or conduct of any user. In no event shall yBuySell 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.
2.7 yBuySell will periodically send promotional as well as transactional SMS messages to keep you up-to-date about new listings on the website. By using our service, you agree to receive these promotional as well as transactional messages. In case you wish to opt out of these messages, please send an email to [email protected] with your mobile number.
2.8 yBuySell offers free and paid memberships. Please visit www.yBuySell.com/MembershipOptions for details of such free/ paid memberships.
3. Payment Terms
3.1 When you provide a payment source to yBuySell, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
3.2 When you make a payment, you authorize yBuySell (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
3.3 If you pay by credit or debit card, yBuySell may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
3.4 If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee and yBuySell shall have no liability in that regard.
3.5 When you confirm a transaction on yBuySell, you agree to be bound by and pay for that transaction. You are advised to pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying.
4. Rules for Users
4.1 The Website is an online marketplace only, designed for the unique purpose of putting people who want to rent items and spaces in touch with people who have items and spaces to rent. We never intervene in the transaction between the Borrower/Renter and the Lender. yBuySell 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 Lenders 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.
4.2 You acknowledge and agree that as a condition of permission to use the Website, you agree that you will not use the Website for any purpose that is unlawful under Indian law or prohibited by these Terms and Conditions.
4.3 yBuySell currently provides for the following 3 kinds of lending and borrowing transactions on the Website.
(a) Fully online transactions where yBuySell shall be responsible for (a) deducting the security deposit from the Borrower’s yBank; and (b) pickup of the product from the Lender and delivery to the Borrower; (c) pick up of the product from the Borrower at the end of the agreed duration for such borrowing and delivery of the product back to the Lender; and (d) refund of the security deposit back to the Borrower’s yBank. For such transactions, yBuySell shall also levy delivery charges which shall vary depending on the location of the Borrower and the Lender. Please visit www.yBuySell.com/MembershipOptions for further details of the delivery charges payable to yBuySell for fully online transactions.
(b) Fully offline with zero involvement by yBuySell (where yBuySell merely provides a platform for users of the Website to interact with each other); and
(c) Offline Handshake- Where the Lender and the Borrower are responsible for delivery, pickup and subsequent return of the product. In such cases, the relevant Lender and Borrower shall provide intimation of such transaction to yBuySell. yBuySell shall (a) maintain a record of the transaction (on the basis of confirmation SMSs received from the Lender and Borrower); and (b) hold a security deposit from the Borrower’s yBank, which, at the end of the rental period, shall be refunded immediately upon receipt of confirmation SMSs from the Borrower and the Lender that the product has been returned to the Lender.
Please visit www.ybuySell.com/MembershipOptions for further details of the services mentioned above.
4.4 Borrowers shall be responsible for returning any property they borrow from a Lender in the exact condition it was before such Borrower took possession of the property. You acknowledge and agree that, as a Borrower, you are responsible for your own acts and omissions and for the acts and omissions of any third parties to whom you provide access to the property. In the event that damage to the product is proven, (including but not limited to by way of photographs), the Borrower agrees to pay the cost of replacing the damaged item with equivalent items, up to the recovery value of the item, which cost shall be agreed upon by the Lender & the Borrower and communicated to yBuySell. In case of fully online transactions (specified in Clause 4.3 (a) above) or in Offline Handshakes (specified in Clause 4.3 (c) above), yBuySell shall be entitled to deduct such cost from the yBank of the relevant Borrower. In the event the amount specified in the yBank is not sufficient, the Borrower undertakes to provide such shortfall to yBuySell immediately.
4.5 The item details page makes up the rental offer and describe the objects, products and goods that are currently on offer for rent (Rental Offer). They can only include the words, documents and images which the member decides to put online. Any material Terms and Conditions of a Rental Offer, including, but not limited to, cost of rental, security deposit, or any additional fees, representations or warranties must be clearly indicated in the Rental Offer. Members are responsible for their content, especially with regards to any intellectual property claims which might be made by a third party. Lenders shall provide accurate details of the condition of the product being offered, in the condition report attached to each Rental Offer (Condition Report).
4.6 In case of fully online transactions, yBuySell shall record in the Condition Report any discrepancy/ additional information observed by it at the time of pick-up of the product from the Lender. yBuySell shall take possession of such product only after the Lender countersigns such discrepancy/ additional information inserted by yBuySell in the Condition Report. It is hereby clarified that, yBuySell shall, in no event be liable to a Lender or a Borrower for damage to a Lender’s property or for failure by yBuySell to observe and record such discrepancy/ additional information in the Condition Report.
4.7 Users are strictly prohibited from using the Website for any purpose that is unlawful or which could, in any manner, damage, disable, overburden or impair the operation of the Website or yBuySell, or any other person's use or enjoyment of the Website or of any good or service procured through the Website. Users will not upload, display or otherwise provide on or through the Service any content that: (i) is libellous, defamatory, abusive, threatening, vulgar, obscene, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in yBuySell’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose yBuySell or its users to any harm or liability of any type.
4.8 You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner on the Website or transmit to any other user (Content). You will not post or distribute to another user any illegal or prohibited content.
4.9 You will not program, orchestrate, participate in, facilitate or promote any act which qualifies as an offence under the provisions of the Information Technology Act, 2000 (as amended from time to time) and in particular, you will not upload viruses, trojan horses, worms, software bombs, harmful or disruptive components or other malicious computer programming code (including microcode, as applicable) intentionally constructed to, or that has the ability to:
(a) damage, interfere with or otherwise adversely affect other programming codes, computer programs, data files, or operations of other users or any other persons; or
(b) use, participate in dissemination of, facilitate use or promote use of any other programming code typically designated to be a virus (including any trojan horse, worm, or harmful or disruptive component).
4.10 You remain solely responsible for the content posted or otherwise communicated by you, and the goods and services lent/ borrowed by you through the Website. You agree to take reasonable precautions in all communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service, including, but not limited to, Borrowers and Lenders,.
4.11 All members who become aware of a Rental Offer that involves forbidden/ illegal goods will contact yBuySell immediately via email at [email protected] yBuySell reserves the right to remove from Website any listings which are against the law, and/or contrary to its principles and morals. yBuySell also reserves the right to ban the member who posted said offer.
4.12 The Lenders, not yBuySell, are solely responsible for honouring any confirmed bookings and making available any listings reserved through the Service. If you, as a Borrower, choose to enter into a transaction with a Lender for the booking of a listing, you agree and understand that you will be required to enter into an agreement with the Lender and you agree to accept any terms, conditions, rules and restrictions associated with such listing imposed by the Lender.
4.13 You acknowledge and agree that yBuySell shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that yBuySell shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that yBuySell is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release yBuySell, its directors, officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
4.14 You will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the express prior written consent obtained from yBuySell.
5. Pricing Policy and Payment Terms
5.1 Listing Fee - Currently there is no cost for a member to post an item or service for rent.
Borrower Service Fee - yBuySell does not charge a service fee to borrowers.
Commission on Transaction - yBuySell charges a commission from Lenders based on the membership plan they are subscribed to. Please visit www.yBuySell.com/MembershipOptions for further details.
Cancelation Fee – yBuySell does not levy any cancellation fee for cancellations before the item is picked-up from the Lender. If the Borrower wishes to cancel the transaction after yBuySell has picked up an item from the Lender, the pick-up and delivery charges will not be refunded. In addition, yBuySell shall levy one day’s rent from the Borrower.
Membership Fee - Please visit www.yBuySell.com/MembershipOptions for details of the membership fees.
Rental Fee - Rental Fees are set by the Lender of the item.
Security Deposit - A Borrower/Renter is responsible for providing the Lender with a security deposit if the Lender has requested such. The security deposit amount is chosen by the Lender. Should the item be returned from the Borrower/Renter to the Lender in a condition that differs from when the item was first received by the Borrower/Renter, it is the responsibility of the Lender and the Borrower to negotiate the damages and come to an agreement on what percentage of the deposit should cover the damages.
5.2 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 Lender who posted the item accepts your reservation request, your yBank will be charged at the time of acceptance; if the yBank does not have sufficient balance, then the charges will be deducted from your credit card; if the Lender fails to respond or opts not to accept your reservation request you will not be charged. The funds will be transferred to the Lender upon Delivery of item at the borrower’s delivery address. For more questions regarding yBank, please refer to our frequently asked questions at www.yBuySell.com/FAQs
6.1 The laws of the Republic of India will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Mumbai, India for the purpose of litigating all such claims. You agree that if any action including any legal recourse is taken by yBuySell to enforce the terms of these Terms and Conditions, you will pay yBuySell the costs of such legal recourse or any action taken by yBuySell, including reasonable attorney's fee.
6.2 You will indemnify, defend, and hold yBuySell harmless, from any and all losses and threatened losses arising out or based on any third party claim against yBuySell that arises out of or relates to breach of any of the above Terms.
7. Limitation of Liability
We are providing the Services without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. yBuySell is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties (including users of the Website).
In any event by way of this agreement you express your consent to limit our aggregate liability arising out of these terms or generally against yBuySell for any claims that you may have against us due to use of the platform and yBuySell generally to not exceed one hundred rupees (INR 100).
8.1 These Terms make up the entire agreement between the parties regarding yBuySell, and supersedes any prior agreements.
8.2 If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
8.3 If we fail to enforce any of these Terms, it will not be considered a waiver.
8.4 You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
8.5 All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without any action or consent required on your part.
8.6 Nothing in these Terms shall prevent us from complying with the applicable law.
8.7 You will comply with all applicable laws when using or accessing yBuySell.
8.8 No provision of these Terms and Conditions shall be deemed to constitute a partnership or joint venture between you and yBuySell. No provision of these Terms and Conditions shall constitute a party as the legal representative or agent of the others.
8.9 You shall not have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against, or in the name of, or on behalf of any yBuySell.