MASTER TERMS & CONDITIONS

 

Please Read Before Proceeding: By checking the acceptance box at checkout, clicking ‘Place Order’, and/or by accepting delivery of any equipment from Equipp, you confirm that you have read, understood, and agree to be legally bound by these Master Terms & Conditions in their entirety. If you do not agree, do not proceed with your order.

 

1.               Parties, Definitions & Interpretation

1.1            These Master Terms & Conditions (“Agreement”) constitute a binding legal contract between:

1.2            Parties:

EQUIPP SYNERGY PVT LTD, a private limited company incorporated under the Companies Act, 2013, with its registered office at #13, 1st Stage, 1st Block, Sri Rama Temple Road, HBR Layout, Bangalore – 560043, Karnataka, India (“Equipp”, “we”, “us”, or “our”); and

THE CUSTOMER - the individual, company, LLP, partnership firm, or other legal entity that places an order, accepts delivery of equipment, or uses the Equipp platform (“Customer”, “you”, or “your”).

1.3            Definitions

1.3.1        “Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with Equipp Synergy Pvt Ltd, where "control" means the ownership of more than fifty percent (50%) of the voting shares or equivalent ownership interest of the relevant entity.

1.3.2        "Agreement” means these Master Terms & Conditions, including any Schedule, any Order Confirmation issued by Equipp, and (where applicable) the Applicable Addendum.

1.3.3        “Applicable Addendum” means, as applicable: (a) the Entity & Personal Guarantee Addendum - where Equipp requires one or more personal guarantees from directors, partners, or other persons connected with the Corporate Entity Customer; or (b) the Entity Addendum (No Personal Guarantee) - where Equipp, in its discretion, waives the personal guarantee requirement for the relevant Business Account Customer. A reference to the “Addendum” in this Agreement is a reference to whichever form of Applicable Addendum has been executed by the relevant Customer.

1.3.4        “Authorised Channel” means the email address(es) and/or mobile number(s) designated by the Customer at account registration or as subsequently updated in writing, from which orders and instructions are deemed to originate from a duly authorised representative of the Customer and are binding on the Customer.

1.3.5        “Bailee” means the Customer, who takes possession of Equipment from Equipp during the Rental Period.

1.3.6        “Bailor” means Equipp Synergy Pvt Ltd (or, where Equipment is owned by an Affiliate, such Affiliate as agent for asset ownership purposes, with Equipp remaining the contracting party).

1.3.7        “Business Account” means an account registered by a company, LLP, partnership firm, or other legal entity and governed by the relevant clause in this document.

1.3.8        “Cancellation” means termination of an Order Confirmation or the Agreement at the Customer’s election before the commencement or during the Rental Period, subject to the relevant clause in this document.

1.3.9        “Cancellation Fee" means the fee payable by the Customer upon cancellation of a confirmed order, as described in the relevant clause in this Agreement.

1.3.10      "Commencement Date” means the date on which Equipment is delivered to the Customer’s designated delivery address, as recorded in the Order Confirmation and/or the logistics partner’s delivery record.

1.3.11      “Corporate Entity Customer" means a Customer that is a company, LLP, partnership firm, or other legal entity that has registered a Business Account with Equipp.

1.3.12      "Customer” means (i) the individual or entity in whose name an account is registered on the Platform; (ii) any person who accesses the Platform using the registered account’s credentials; (iii) any person who submits or completes KYC documentation in connection with a registration or order, whether on their own behalf or on behalf of the registered account holder; and (iv) any person who makes or authorises payment of any amount due under this Agreement. Where more than one person falls within limbs (ii), (iii), or (iv), each such person shall be jointly and severally liable with the registered account holder for all obligations arising under or in connection with this Agreement. The registered account holder is responsible for ensuring that all persons accessing its account or acting in connection with it have read, understood, and accepted this Agreement.

1.3.13      “Default Event” has the meaning given in the relevant clause in this document.

1.3.14      “Equipment” means the electronic devices, accessories, and ancillary items listed in an Order Confirmation, including laptops, tablet computers, adapters, peripherals, gaming consoles, and any replacement equipment provided by Equipp.

1.3.15      “Handling Fee” means the administrative charge levied by Equipp in connection with equipment repair assessments or servicing, as separately disclosed in the Order Confirmation or Equipp’s published schedule of charges.

1.3.16      “Individual Account” means an account registered by a natural person for personal use and governed by the relevant clause in this document.

1.3.17      “Master Relationship” means the continuing contractual relationship between Equipp and the Customer established upon first clickwrap acceptance of this Agreement, which governs all current and future transactions.

1.3.18      “MDM Software” means mobile device management or remote device management software, if any, pre-installed on Equipment by Equipp for asset-tracking, remote lock, or remote wipe functionality.

1.3.19      “Monthly Rental Fee” means the periodic fee payable by the Customer for each unit of Equipment, as specified in the Order Confirmation, exclusive of applicable taxes.

1.3.20      “Order Confirmation” means the order summary and acceptance communication issued by Equipp by email, SMS, or through the platform dashboard following placement of an order, specifying the Equipment, Monthly Rental Fee, Rental Period, Security Deposit, and delivery details.

1.3.21      “Platform” means the Equipp website (equipp.in), mobile application, or any other digital interface operated by Equipp or its Affiliates through which Customers place orders.

1.3.22      "Protection Fee" means the optional add-on fee payable by the Customer for equipment protection coverage arranged by Equipp through its appointed insurer, as described in the relevant clause in this Agreement.

1.3.23      “Rental Period” means the duration for which Equipment is rented to the Customer as specified in the Order Confirmation, commencing on the Commencement Date and expiring on the agreed return date, subject to renewal under the relevant clause in this document.

1.3.24      "Revenue Loss Charge" means the charge invoiced by Equipp to the Customer where Equipment is lost or stolen and Equipp is required to source a replacement unit, as described in the relevant clause in this Agreement.

1.3.25      “Security Deposit” means the refundable amount (if any) payable by the Customer at the time of order, held by Equipp as security against the Customer’s obligations.

1.3.26      “Swap” means the replacement of Equipment during a Rental Period with an equivalent or upgraded device, governed by the relevant clause in this document.

1.4            Interpretation - Unless the context otherwise requires: (a) references to ‘Equipp’ include its successors and permitted assigns; (b) singular includes plural and vice versa; (c) headings are for convenience only; (d) ‘days’ means calendar days; (e) ‘written’ includes email from an Authorised Channel; (f) this Agreement is interpreted under Indian law.

2.              Nature of Transaction - Bailment for Hire

2.1            The rental of Equipment constitutes a bailment for hire within the meaning of Sections 148–181 of the Indian Contract Act, 1872. Equipp (as Bailor) delivers Equipment to the Customer (as Bailee) for a specified Rental Period in exchange for the Monthly Rental Fee.

2.2            This Agreement does not constitute a sale, hire-purchase, conditional sale, lease-to-own arrangement, credit facility, loan, or any form of financial transaction. The Customer acquires no ownership interest, option to purchase, or right of redemption in the Equipment at any time. Title to all Equipment remains vested in Equipp or its designated Affiliate at all times.

2.3            The Customer acknowledges that:

2.3.1        Equipment is rented, not sold;

2.3.2        all Equipment must be returned in the condition specified in the relevant clause in this document;

2.3.3        the Customer has no right to retain Equipment beyond the Rental Period without Equipp’s written consent; and

2.3.4        failure to return Equipment constitutes a breach of this Agreement and may constitute criminal misappropriation under applicable Indian law.

2.4            Equipment may be owned by Equipp Synergy Pvt Ltd or by an Affiliate. In either case, Equipp Synergy Pvt Ltd is the contracting party and the Customer’s obligations are owed to Equipp Synergy Pvt Ltd (or its assigns). The Customer shall not raise any defence or set-off based on the identity of the Equipment owner.

IMPORTANT — This is a pure rental arrangement. No financial services, lending, or credit is provided. Equipp is not an NBFC. Monthly fees are rental charges, not loan repayments.

3.              Digital Acceptance & Master Relationship

3.1            Clickwrap Acceptance. By checking the acceptance checkbox at checkout or clicking ‘Place Order’, the Customer:

3.1.1        confirms they have read and understood these Terms;

3.1.2        agrees to be legally bound; and

3.1.3        where the Customer is an entity, represents that the person accepting has authority to bind the entity.

3.2            Legal Validity - Acceptance via clickwrap constitutes a valid and binding contract under Section 10A of the Information Technology Act, 2000. The Customer shall not challenge enforceability on the ground that the Agreement was entered into electronically.

3.3            Master Relationship - Upon first clickwrap acceptance, a continuing Master Relationship is established. This governs all current and future transactions without re-acceptance for each subsequent order, subject to amendments notified under the relevant clause in this document.

3.4            Record of Acceptance - Equipp may maintain a tamper-evident electronic record capturing: date and time; Customer’s IP address; Agreement version accepted; and Customer account identifier. This record is admissible under Section 65B of the Indian Evidence Act, 1872.

3.5            Post-Acceptance Confirmation - An Order Confirmation shall be sent to the Customer’s registered email for each order. The Order Confirmation constitutes the transaction record.

3.6            Deemed Acceptance - Acceptance or use of Equipment after delivery (or use by any person with the Customer’s permission) constitutes unconditional acceptance of these Terms for that transaction, including all payment, return, and liability obligations.

4.              Authorised Communication Channels & Rolling Orders

4.1            Designation - The Customer shall designate one or more email addresses and/or mobile numbers as Authorised Channels at account registration or by subsequent written notice to Equipp. Communications from an Authorised Channel are binding without further verification.

4.2            Customer’s Responsibility - The Customer is solely responsible for:

4.2.1        maintaining the security of Authorised Channels;

4.2.2        promptly notifying Equipp of any compromise; and

4.2.3        all instructions placed from an Authorised Channel until Equipp processes a written revocation.

4.3            Rolling Orders - Each new order placed — through the Platform, by email from an Authorised Channel, via WhatsApp from a registered mobile number, or by any other method acknowledged by Equipp — is automatically governed by these Terms. No separate agreement is required per order.

4.4            Order Process - An order is placed when the Customer completes Platform checkout or communicates an order from an Authorised Channel. An order is binding when Equipp issues an Order Confirmation. Equipp may decline any order without liability.

4.5            Consolidated Liability - All Equipment rented at any time forms a single consolidated liability. A Default Event on any transaction entitles Equipp to exercise rights across the entire relationship.

4.6            WhatsApp Messenger & SMS - Instructions via WhatsApp Messenger or SMS from a registered mobile number constitute binding Authorised Channel communications. Equipp will issue a formal Order Confirmation by email for each such order.

5.              KYC, Eligibility & Account Types

5.1            Eligibility - Equipment is available for rental only to:

5.1.1        Indian resident individuals, 18 years or older, with a valid PAN card; and

5.1.2        Indian-registered legal entities with a valid GSTIN.

5.1.3        Equipp determines eligibility in its sole discretion.

5.2            Individual Accounts - Individuals must provide:

5.2.1        valid PAN (mandatory);

5.2.2        for Monthly Rental Fee exceeding Rs. 5,000: Aadhaar OTP verification or equivalent;

5.2.3        a selfie or video KYC as Equipp may specify;

5.2.4        a valid delivery address within Equipp’s service area; and

5.2.5        any other document Equipp requires for identity or credit verification.

5.2.6        An individual renting Equipment for personal use is solely liable for all obligations under this Agreement. Where Equipment is used partly or wholly for commercial purposes while registered as an individual account, liability is not diminished.

5.2.7        End-User Disclosure for Individual Accounts — Individual Accounts are intended for personal use by the registered Customer. If the Equipment will primarily be used by any third party (including a colleague, family member, or employee) or for business or organizational purposes, the Customer must disclose this to Equipp in advance, so that an appropriate Business Account and, where required, an Applicable Addendum may be arranged. Failure to make such disclosure may be treated as a material misrepresentation and breach of this Agreement. In all cases, the registered Individual Account holder remains liable to Equipp for all obligations arising in respect of Equipment rented on their account.

5.3            Business Accounts

5.3.1        Entity Customers must provide:

(a)    valid GSTIN and GST registration certificate;

(b)   entity PAN;

(c)    proof of registered address;

(d)   identity documents of the authorised signatory; and

(e)    board resolution or equivalent authorisation.

5.3.2        Entity Customers agree to execute the Applicable Addendum as a condition of account activation. The authorised signatory personally represents that the entity is duly incorporated and that they have authority to bind it.

5.3.3        Addendum Requirement - Business Account Customers must execute the Applicable Addendum as a condition precedent to the delivery of any Equipment. No Equipment shall be delivered to a Business Account Customer until a validly executed Applicable Addendum has been received and acknowledged by Equipp.

5.3.4        Equipp shall, in its sole and absolute discretion, determine which form of Applicable Addendum is required for each Business Account Customer, at or before the time of first Equipment delivery:

(a)    the Entity & Personal Guarantee Addendum — where Equipp requires one or more personal guarantees from directors, partners, proprietors, or other persons connected with the Corporate Entity Customer; or

(b)   the Entity Addendum (No Personal Guarantee) — where Equipp, at its discretion, waives the personal guarantee requirement for the relevant Business Account Customer.

5.3.5        In both cases, the Corporate Entity Customer assumes full, unconditional, and primary liability for all obligations under this Agreement. The absence of a personal guarantee requirement does not reduce, limit, or affect the Corporate Entity Customer’s liability in any manner. Equipp reserves the right, at any time and upon reasonable notice, to require a Business Account Customer to execute a fresh Applicable Addendum or an upgraded form of Addendum if Equipp’s risk assessment of that Customer changes.

5.3.6        Addendum Scope - The Applicable Addendum, once validly executed by a Business Account Customer, automatically covers and extends to all Equipment rented by that Customer from Equipp under this Agreement, whether:

(a)    already deployed and in the possession of the Corporate Entity Customer at or before the date of execution of the Applicable Addendum; or

(b)   delivered to the Corporate Entity Customer under any Order Confirmation issued on or after the date of execution of the Applicable Addendum.

5.3.7        The Corporate Entity Customer is not required to execute a fresh Addendum for each new order, each new device, or any renewal of an existing Rental Period. A single validly executed Applicable Addendum governs the entire Master Relationship between the Customer and Equipp unless expressly superseded by a subsequent written agreement signed by both parties.

5.4            Credit Assessment & Rejection - Equipp may conduct a credit assessment (including CIBIL or other bureau checks). Equipp may reject, suspend, or decline any account or order if:

5.4.1        KYC is incomplete or fraudulent;

5.4.2        the Customer has an adverse credit history;

5.4.3        the Customer has previously breached any agreement with Equipp; or

5.4.4        Equipp reasonably believes proceeding exposes it to material risk.

5.5            KYC Order Cancellation Window - Where a Customer places an order but fails to complete the KYC verification process within 24 (twenty-four) hours of placing the order, Equipp reserves the right to automatically cancel the order and release the relevant Equipment back into Equipp’s inventory, without requiring any further consent or notice to the Customer. Any amount paid by the Customer at the time of order placement (including any Security Deposit or advance rental) shall be refunded within a reasonable period, subject to deduction of any applicable Cancellation Fee under the relevant clause in this Agreement. By placing an order, the Customer acknowledges and consents to this automatic cancellation mechanism.

5.6            KYC Re-verification - Equipp reserves the right to require a Customer (including a previously verified Customer) to undergo fresh KYC verification at any time during the subsistence of the Master Relationship, including at the commencement of a new rental transaction. Where a Customer’s KYC is rejected or not completed upon re-verification, Equipp may, at its sole discretion:

5.6.1        decline to process any new orders from that Customer until re-verification is satisfactorily completed;

5.6.2        suspend the Customer’s account pending completion of fresh KYC; or

5.6.3        proceed with existing active Rental Periods already in force, without prejudice to Equipp’s right to treat failed re-verification as grounds for heightened security or deposit requirements on future transactions.

5.7            For the avoidance of doubt, a KYC re-verification requirement does not, by itself, constitute a termination of the Master Relationship or any active Rental Period.

6.              Payment Terms, Security Deposit & Pricing

6.1            Monthly Rental Fee - The Customer shall pay the Monthly Rental Fee for each Equipment unit as specified in the Order Confirmation, payable in advance on or before the first day of each Rental Period month.

6.2            Tax - All amounts are exclusive of taxes and applicable tax at the applicable rate is payable in addition to the invoice amounts. All tax invoices will be issued in compliance with the relevant law in force at the time of this Agreement.

6.3            Late Payment Charge - The late payment charge, reconnection fee, bounced payment charge, and all other similar charges payable by the Customer in connection with payment defaults are as published in Equipp’s Table of Charges, accessible at https://equipp.in/table-of-charges (the “Table of Charges”). The Table of Charges is incorporated into and forms part of this Agreement. Equipp may revise the Table of Charges from time to time by updating the above link, with prior notice of not less than 7 (seven) days published on the Platform. The version of the Table of Charges in force at the time a charge is triggered shall apply. The Customer’s continued use of the Platform or Equipment after the effective date of any revision constitutes acceptance of the revised Table of Charges.

6.4            Security Deposit - The Security Deposit is held as security and is NOT an advance payment of rent. It shall be refunded within 15 business days of Equipment return in satisfactory condition, after deducting:

6.4.1        unpaid fees;

6.4.2        damage charges; and

6.4.3        any other amounts owed under this Agreement.

6.5            No Set-Off - The Customer shall not set off, withhold, or deduct any amount from any payment on the basis of any actual or alleged claim against Equipp.

6.6            Product Availability & Pricing Changes. Equipp reserves the right to:

6.6.1        change the Monthly Rental Fee for future orders at any time with seven (7) days’ notice;

6.6.2        modify, discontinue, or substitute Equipment models (subject to providing functionally equivalent replacement Equipment); and

6.6.3        vary pricing for renewal periods.

6.7            Pricing changes do not apply retrospectively to an active Rental Period confirmed by Order Confirmation. The Customer’s continued use of the Platform or placement of new orders constitutes acceptance of revised pricing.

7.              Rental Period, Renewal & Termination

7.1            Rental Period - Equipment is rented for the Rental Period specified in the Order Confirmation (between 1 and 12 calendar months), commencing on the Commencement Date.

7.2            Renewal - At least 7 days before expiry, the Customer may request renewal through the Platform or from an Authorised Channel. Renewal is at Equipp’s sole discretion and is confirmed by a new Order Confirmation.

7.3            Auto-Extension - If the Customer fails to return Equipment by the last day of the Rental Period and has not requested renewal, the Rental Period is deemed extended on a month-to-month basis at the prevailing Monthly Rental Fee, without prejudice to Equipp’s right to treat non-return as a Default Event.

7.4            Early Termination by Customer - The Customer may terminate early by:

7.4.1        providing at least 14 days’ written notice from an Authorised Channel; and

7.4.2        paying an Early Termination Fee as specified in the relevant clause in this Agreement.

7.5            Prepaid fees already elapsed are non-refundable.

7.6            Termination by Equipp - Equipp may terminate immediately and without notice upon a Default Event, without prejudice to accrued rights.

7.7            Slab-Based Extension Pricing - At the time of the initial Order Confirmation, the Rental Period and applicable pricing are mapped to a published duration-based pricing slab. Subject to the relevant clause in this Agreement, where the Customer validly requests an extension of the Rental Period, all such extensions shall be priced by reference to the same underlying slab structure allocated at the time of the original booking, and not by reference to any different promotional or website prices displayed at the time of the extension request.

7.8            Extensions Beyond / Within Committed Duration and Tenure Changes - The following pricing rules apply to Rental Period extensions and tenure changes:

7.8.1        Where the Customer extends the Rental Period such that the total continuous tenure for the relevant Equipment exceeds the originally committed duration, Equipp may re-compute the applicable Monthly Rental Fee by reference to the pricing slab corresponding to the revised total tenure, and the revised fee shall apply prospectively for the extended period only.

7.8.2        Where the Customer extends the Rental Period but the total continuous tenure remains within or below the originally committed duration, the previously applicable pricing shall continue for the extended period.

7.8.3        Where the Customer requests a change in tenure type (for example, from weekly to monthly, or from monthly to weekly), pricing for all future billing cycles shall be determined under the then-applicable pricing slab for the new tenure type, and any prior pricing benefit shall not carry forward.

7.9            Cancellation of Confirmed Extension - Where a Customer has requested and Equipp has confirmed an extension of the Rental Period:

7.9.1        if the Customer notifies Equipp (via an Authorised Channel) of cancellation of such extension before the commencement of the next billing cycle for that Equipment (weekly or monthly, as applicable), the extension shall be cancelled without any additional cancellation fee under the relevant clause in this Agreement;

7.9.2        once the next billing cycle has commenced, the extension shall not be cancellable for that cycle and the Customer shall remain liable to pay the full rental for that cycle, without prejudice to Equipp’s rights under the relevant clause(s) in this Agreement.

8.              Cancellation Policy

8.1            Pre-Dispatch Cancellation - If the Customer cancels an order after Order Confirmation but before Equipment is dispatched, a Cancellation Fee not exceeding ten percent (10%) of the first billing cycle’s rental (weekly or monthly, as applicable), or a minimum fee of Rs. 1,000/- (Rupees One Thousand only), whichever is higher, is payable, as a genuine pre-estimate of the administrative and operational cost incurred by Equipp in preparing and configuring the Equipment for dispatch. Equipp will refund any Security Deposit paid, less the Cancellation Fee.

8.2            Post-Dispatch / Mid-Rental Cancellation - The following apply to cancellations after dispatch:

8.2.1        If the Customer cancels after Equipment dispatch but before delivery, the Security Deposit and any rental amounts paid are forfeited and an Early Termination Fee equal to the first billing cycle’s Monthly Rental Fee applies.

8.2.2        If the Customer cancels after Commencement Date (i.e., early termination under the relevant clause(s) in this Agreement), an Early Termination Fee as specified in the tiered Early Termination Fee schedule disclosed in the Order Confirmation is payable, in addition to fees for the elapsed rental period.

8.3            Non-Cancellable Orders - Orders for Equipment with lead-time sourcing or custom configuration are non-cancellable once confirmed. The Order Confirmation will clearly indicate non-cancellable status where applicable.

8.4            Equipp’s Right to Cancel - Equipp may cancel any order at its sole discretion before Equipment dispatch, with a full refund of any amounts paid. Equipp shall not be liable for any loss arising from such cancellation.

9.              Use Restrictions, Customer Obligations & Conduct

9.1            Permitted Use - The Customer shall use Equipment solely for lawful purposes and shall not:

9.1.1        sub-let, re-rent, lend, pledge, or transfer Equipment;

9.1.2        modify, alter, tamper with, or attempt to repair Equipment;

9.1.3        remove, deface, or cover identification marks or serial numbers;

9.1.4        use Equipment for any illegal, fraudulent, or harmful purpose;

9.1.5        export Equipment outside India; or

9.1.6        use Equipment in conditions causing damage beyond normal wear and tear.

9.2            Care Standard - The Customer shall take such care of Equipment as a reasonable person would take of their own property of similar value (Section 151, Indian Contract Act, 1872), and is liable for any damage, loss, or destruction during the Rental Period.

9.3            Storage & Security - The Customer shall store Equipment in a safe, appropriate environment and promptly notify Equipp of loss, theft, or damage.

9.4            Access for Inspection - Equipp may, on reasonable prior notice (minimum 24 hours), inspect Equipment at the Customer’s premises. During a Default Event, Equipp may inspect or repossess Equipment without prior notice.

9.5            Platform Use - The Customer shall use the Platform only for lawful purposes and shall not attempt to gain unauthorised access, scrape data, introduce malware, use automated scripts, or impersonate any person. Equipp may suspend or terminate Platform access for violation of this clause.

9.6            Customer Conduct & Communication - The Customer agrees to communicate respectfully, not make false or defamatory statements about Equipp, not engage in abusive or threatening conduct towards Equipp’s staff, and comply with all reasonable operational instructions issued by Equipp. Equipp reserves the right to suspend accounts upon persistent violation.

10.            Risk Transfer, Delivery, Return & Accessories

10.1         Risk Transfer on Delivery - Risk of loss, damage, theft, or destruction passes to the Customer at delivery, as evidenced by the logistics partner’s delivery record. Risk reverts to Equipp only upon physical return and Equipp’s written confirmation of satisfactory receipt.

10.2         Pre-Delivery Condition - Equipment will be delivered in good working condition, documented prior to dispatch. The Customer shall inspect Equipment immediately and notify Equipp of any pre-existing damage within twenty four (24) hours. Failure to notify within this period creates an irrebuttable presumption that Equipment was received in documented condition.

10.3         Delivery Logistics - Delivery is through Equipp’s logistics partners. Delivery timelines are estimates; Equipp is not liable for delays caused by logistics partners or circumstances beyond its control.

10.4         Return Obligations - On or before the last day of the Rental Period, the Customer shall:

10.4.1      make Equipment available for collection;

10.4.2      return Equipment in the same condition as delivered, subject to fair wear and tear;

10.4.3      return all accessories, chargers, and components in the same condition as delivered; and

10.4.4      delete all personal data from Equipment.

10.5         Accessories & Components - All accessories, chargers, cables, cases, and peripheral components listed in the Order Confirmation are part of the Equipment and must be returned. Missing or damaged accessories will be charged as per Equipp’s published schedule, and the Security Deposit may be withheld pending resolution.

10.6         Pickup Delay Charge - If Equipment is not returned or made available for collection by the scheduled return date:

10.6.1      Overdue Charge: For each day from the first day after the scheduled return date up to a maximum of five (5) days (the “Grace Window”), the Customer shall be liable for a daily overdue charge equal to 10% of the applicable billing cycle rental invoice amount, exclusive of GST.

10.6.2      Auto-Extension: If Equipment is not returned by the end of the Grace Window, the Rental Period shall automatically extend for a further period of one (1) week or one (1) month, mirroring the tenure-type of the original booking, at the then-applicable rate. Auto-extension continues until Equipment is returned or the Agreement is otherwise terminated.

10.7         The daily overdue charge ceases once the auto-extension takes effect - Nothing in this clause limits Equipp’s right to treat continued non-return as a Default Event under the relevant clause(s) in this Agreement once the Grace Window has elapsed.

10.8         Condition Assessment - Equipp shall assess Equipment within 48 hours of return and notify the Customer of any damage charges within five (5) business days. Charges will be deducted from the Security Deposit; any excess is invoiced payable within seven (7) days.

10.9         Delivery and Pickup Attempt Fee; Alternate Location Fee - A failed-attempt fee of Rs. 250 plus applicable GST per failed attempt may apply where Equipp’s logistics partner cannot complete a scheduled delivery or pickup due to the Customer’s non-availability. If the Customer requests pickup from a different location within Equipp’s service area, Equipp may charge an incremental logistics fee as notified in advance.

10.10       Indicative Delivery Timelines - Within Bangalore city limits, Equipp aims on a best-efforts basis to deliver Equipment within approximately two (2) hours for addresses within three to four (3 – 4) kilometres of Infantry Road, and within the same business day for other serviceable locations, subject to availability, KYC completion, and logistics constraints. These timelines are indicative only and are not guaranteed.

11.            Equipment Swap & Upgrade Policy

11.1         Eligibility - A Customer may request an equipment swap (replacement of the current Equipment with an equivalent or upgraded model) during an active Rental Period, subject to: the Customer being in good standing; a minimum rental tenure of three (3) months completed on the current Equipment; and Equipment availability.

11.2         Swap Fee - For an upgrade to a higher-specification Equipment model during an ongoing billing cycle, Equipp may charge:

11.2.1      a pro-rated amount equal to the difference between the Monthly Rental Fee for the upgraded model and the existing model, for the remainder of the current billing cycle;

11.2.2      a one-time upgrade handling fee of Rs. 500 plus applicable GST; and

11.2.3      any applicable incremental logistics or porter charges, as notified to the Customer in advance.

11.3         A new Order Confirmation shall be issued for the upgraded Equipment. Downgrades to a lower-specification model shall not be permitted during the committed Rental Period without Equipp’s prior written consent.

11.4         Return of Original Equipment - At the time of swap, the Customer must return the original Equipment in satisfactory condition. Any damage will be assessed and charged before or alongside the new Equipment’s Commencement Date.

11.5         Upgrade Pricing - An upgrade to a higher-value Equipment model will result in a revised Monthly Rental Fee as specified in the new Order Confirmation. Downgrades are subject to Equipp’s approval.

11.6         No Entitlement - Nothing in this clause creates an entitlement to a swap or upgrade. Equipp may decline any swap request without liability.

12.            MDM & Remote Device Management

12.1         MDM Disclosure - Certain Equipment may have Mobile Device Management (MDM) software pre-installed prior to delivery. Where MDM is installed, this will be disclosed in the Order Confirmation. MDM is used solely for tracking the physical location of the Equipment and enabling remote lock or shutdown in the limited circumstances specified in the relevant clause(s) in this Agreement.

12.2         MDM software does not collect, access, read, transmit, or monitor any user data, work files, emails, browsing history, application data, keystrokes, or any other personal or business information stored on or processed through the Equipment.

12.3         Customer Consent - By accepting delivery of MDM-enabled Equipment, the Customer consents to Equipp monitoring device location, hardware status, and usage data for asset-protection purposes; issuing a remote lock command in the circumstances specified in the relevant clause(s) in this Agreement; and issuing a remote wipe command in the circumstances specified in the relevant clause(s) in this Agreement. The Customer shall not attempt to remove, disable, or circumvent MDM software. Tampering with MDM is a Default Event.

12.4         Remote Lock Conditions - Equipp may issue a remote lock command only where:

12.4.1      payment remains outstanding for 30 or more days from the due date, provided that Equipp has issued at least one written payment reminder to the Customer’s Authorised Channel prior to triggering the lock;

12.4.2      a Default Event has been declared under the relevant clause(s) in this Agreement; or

12.4.3      there is credible evidence that the Equipment has been stolen or is at risk of being permanently removed from Equipp’s reach.

12.5         Equipp will provide forty eight (48) hours’ written notice before issuing a remote lock command except in a case where there is a risk of irreversible loss.

12.6         Remote Wipe Conditions - Equipp may issue a remote wipe command only:

12.6.1      after Equipment has been formally declared lost or stolen and an FIR has been filed;

12.6.2      upon expiry of the Rental Period where Equipment has not been returned after thirty (30) days despite formal notices; or

12.6.3      where Equipment is repossessed and a wipe is necessary before redeployment.

12.7         Equipp shall not be liable for loss of the Customer’s personal data as a result of a lawful remote wipe, and the Customer is solely responsible for maintaining backups.

12.8         No Liability for MDM Errors - Equipp is not liable for any loss or damage arising from a technically erroneous MDM command, provided Equipp acted in good faith and within the conditions of this clause.

12.9         Liability for Use of Equipment - The Customer is solely and exclusively liable for all activities conducted on or through the Equipment during the Rental Period. Equipp shall have no liability for any consequence arising from use or misuse of Equipment by the Customer or any third party. The Customer shall indemnify Equipp from all claims arising from such use.

13.            Damage, Loss, Theft, Insurance & Repair

13.1         Customer Liability - The Customer is fully liable for accidental damage beyond normal wear and tear; physical damage caused by misuse, impact, or liquid contact; loss, theft, or destruction; and damage caused by unauthorised modification or repair.

13.2         Damage Charges - In the event of damage, the Customer shall pay:

13.2.1      Repair Cost: the cost of repair as determined by Equipp, which may reference Equipp’s published repair reference sheet accessible at Equipp Repair Reference Sheet and prevailing vendor pricing. If parts for the affected model are unavailable, Equipp may arrange replacement, in which case the Customer shall be liable for the Current Value as defined in the relevant clause(s) in this Agreement; or

13.2.2      where Equipment is assessed as irreparable, the Customer shall be liable for the Current Value of the Equipment as defined in the relevant clause(s) in this Agreement.

13.3         All damage and repair charges are exclusive of GST and will be invoiced with applicable GST at the prevailing rate.

13.4         Current Value - “Current Value” means the prevailing market value of Equipment as determined by Equipp through a periodic benchmarking exercise. The Current Value is documented in Equipp’s Current Value Reference Sheet accessible at Equipp Current Value Reference Sheet. The version of the Current Value Reference Sheet in force at the date of loss, damage, or assessment shall apply.

13.5         Loss Invoice - Where Equipment is declared lost, stolen, or irreparably damaged, Equipp will issue a Loss Invoice to the Customer for the Current Value of the Equipment, plus any applicable Revenue Loss Charge in the relevant clause(s) in this Agreement. For Business Account Customers, the Loss Invoice shall be issued in the name of the entity Customer with a copy to any personal guarantors (where applicable). All amounts are exclusive of applicable tax and will be invoiced with applicable tax.

13.6         Loss of Revenue - Where Equipment is lost or stolen and Equipp is required to source a replacement unit, Equipp may invoice the Customer for a Revenue Loss Charge equal to one (1) month’s Monthly Rental Fee applicable to the lost or stolen Equipment unit. The Revenue Loss Charge shall be payable upon demand and separately itemised on a loss invoice under the relevant clause(s) in this Agreement.

13.7         Insurance / Protection Fee - Equipp offers an optional “Protection Fee” add-on for certain Equipment, subject to coverage by Equipp’s appointed insurer. Where a Customer opts for the Protection Fee and it is accepted by Equipp:

13.7.1      Coverage shall apply in accordance with the terms, conditions, and exclusions of the relevant insurer’s policy.

13.7.2      Notwithstanding such coverage, the Customer shall remain liable for a minimum deductible being the higher of:

(a)    Rs. 10,000 plus applicable GST; or

(b)   5% of the assessed repair or replacement cost.

13.7.3      Insurance coverage is supplementary and does not extinguish the Customer’s liability under this Agreement. To the extent a claim is rejected by the insurer for any reason, the Customer’s full liability under the relevant clause(s) in this Agreement remains unaffected.

13.8         Theft & FIR - In the event of theft, the Customer shall immediately notify Equipp, file an FIR within twenty four (24) hours, and provide a copy to Equipp within forty eight (48) hours.

13.9         Repair & Maintenance - Equipp will arrange warranty or manufacturer-covered repairs at no cost where damage is attributable to manufacturing defect. For Customer-caused damage, repair will be arranged by Equipp’s authorised service centre at the Customer’s cost.

13.10       Handling Fee - Equipp charges a Handling Fee in connection with damage assessment, logistics for repair, and administrative processing. The Handling Fee is separate from repair costs and will be itemised on the damage assessment invoice.

14.            Force Majeure

14.1         Neither party shall be liable for delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, government orders, pandemics, war, civil unrest, strikes, or disruptions to transport or supply chains (“Force Majeure Event”). Financial inability to pay does not constitute a Force Majeure Event.

14.2         The party affected shall notify the other in writing within 7 days of the commencement of the Force Majeure Event, specifying its nature and estimated duration. Failure to notify within this period disentitles the affected party from relying on this clause.

14.3         During a Force Majeure Event:

14.3.1      Equipp’s obligations to deliver Equipment are suspended for the duration;

14.3.2      the Customer’s obligation to pay Monthly Rental Fees for Equipment already in its possession continues; and

14.3.3      neither party may terminate solely on the basis of the Force Majeure Event unless it continues for more than 90 days, in which case either party may terminate on 14 days’ written notice.

15.            Default Events

15.1         Events of Default - Each of the following constitutes a Default Event:

15.1.1      Non-payment of any Monthly Rental Fee, damage charge, or other amount within 7 days of the due date;

15.1.2      Breach of any use restriction under the relevant clause(s) in this Agreement;

15.1.3      Failure to return Equipment within 3 days of Rental Period expiry;

15.1.4      Loss, theft, or destruction of Equipment not promptly notified to Equipp;

15.1.5      Sub-letting, pledging, or otherwise dealing with Equipment in violation of the relevant clause(s) in this Agreement;

15.1.6      Insolvency, bankruptcy, winding-up, or appointment of a liquidator or resolution professional;

15.1.7      Any misrepresentation in KYC documents or application;

15.1.8      Tampering with or disabling MDM Software installed on Equipment;

15.1.9      Any act that, in Equipp’s reasonable judgment, materially endangers Equipment or Equipp’s right to recover it; and

15.1.10   Breach of the Applicable Addendum by the Corporate Entity Customer or any guarantor (where applicable).

15.2         Consequences of Default - Upon a Default Event, without prejudice to any other remedy:

15.2.1      All outstanding Monthly Rental Fees across all Equipment become immediately due and payable;

15.2.2      Equipp may terminate the Agreement with immediate effect;

15.2.3      Equipp may exercise repossession rights under the relevant clause(s) in this Agreement;

15.2.4      Equipp may enforce the Applicable Addendum against the Corporate Entity Customer and any or all guarantors (where applicable); and

15.2.5      Equipp may initiate legal proceedings, including civil recovery and criminal complaints for misappropriation under the Bharatiya Nyaya Sanhita, 2023.

15.3         Platform Suspension and Future Transaction Restrictions - Without prejudice to any other right or remedy, Equipp reserves the right, at its sole discretion, to immediately suspend the Customer’s access to the Platform, permanently deny the Customer the ability to place new orders, and/or refuse future transactions with the Customer, upon the occurrence of a Default Event, upon repeated breaches, upon evidence of fraud or misrepresentation, or where Equipp reasonably determines that the Customer poses an ongoing risk to Equipp’s assets, business, or operations. Any such restriction shall not constitute a breach of obligation by Equipp and shall not give rise to any claim for damages by the Customer.

16.            Repossession

16.1         Equipp’s Right - Upon a Default Event, Equipp may issue a formal demand and collection notice; exercise remote lock of Equipment via MDM in accordance with the relevant clause(s) in this Agreement; where Equipment is voluntarily surrendered, take physical possession with prior notice; and for physical recovery from any premises where the Customer refuses voluntary surrender, proceed through appropriate legal channels including filing a complaint or FIR under the Bharatiya Nyaya Sanhita, 2023.

16.2         Equipp does not exercise self-help repossession by forcible physical entry into any residential or business premises.

16.3         Customer’s Obligation - The Customer shall cooperate with repossession and shall not obstruct Equipp’s recovery of Equipment. Obstruction is a further Default Event and may attract criminal liability.

16.4         Costs - All reasonable costs incurred by Equipp in repossessing Equipment, including agent fees, transport, and legal costs, are recoverable from the Customer.

17.            Affiliate Operations

17.1         Where Equipment is owned by or dispatched through an Affiliate, Equipp Synergy Pvt Ltd remains the contracting party. The Customer’s obligations are owed exclusively to Equipp Synergy Pvt Ltd.

17.2         Equipp may, by written notice, direct the Customer to make payment to an Affiliate’s designated account. Any such direction does not constitute a novation or assignment of this Agreement.

17.3         Certain operational functions (including dispatch, maintenance, and collection) may be performed by an Affiliate as Equipp’s agent, and communications from such Affiliates bind Equipp.

18.            Assignment & Transfer

18.1         Assignment by Equipp - Equipp may assign or transfer its rights and obligations under this Agreement to any Affiliate or to a third party acquiring Equipp’s business or Equipment portfolio, by giving five (5) days’ written notice to the Customer.

18.2         No Assignment by Customer - The Customer may not assign, transfer, sub-let, or otherwise deal with its rights or obligations under this Agreement without Equipp’s prior written consent. Any purported assignment by the Customer without consent is void.

19.            Limitation of Liability & Indemnity

19.1         Equipp’s Maximum Liability - Subject to the relevant clause(s) in this Agreement, Equipp’s aggregate liability to the Customer under or in connection with this Agreement shall not exceed an amount equal to the total Monthly Rental Fees paid by the Customer in the three months immediately preceding the event giving rise to the claim.

19.2         Exclusion of Consequential Loss - Equipp shall not be liable for loss of profit, revenue, data, business, or goodwill; indirect or consequential loss; or any loss arising from Equipment breakdown, defect, or unavailability, provided Equipp offers a reasonable replacement within a commercially reasonable timeframe.

19.3         Customer Indemnity - The Customer shall indemnify and hold harmless Equipp and its Affiliates, officers, employees, and agents from and against all claims, losses, damages, penalties, and costs arising from the Customer’s breach of this Agreement; damage to or loss of Equipment during the Rental Period; the Customer’s unlawful use of Equipment; and third-party claims arising from the Customer’s use of Equipment.

20.            Intellectual Property

20.1         All intellectual property in the Equipment (including firmware, pre-installed software, operating systems, and associated licenses) remains vested in the relevant manufacturers or licensors. The Customer receives only a limited, non-transferable licence to use such software during the Rental Period, subject to the applicable end-user licence agreements.

20.2         All intellectual property in the Platform, Equipp’s branding, content, and proprietary systems is owned by Equipp Synergy Pvt Ltd or its licensors. The Customer receives no intellectual property rights in the Platform or Equipp’s systems by virtue of this Agreement.

20.3         The Customer shall not attempt to reverse-engineer, decompile, or disassemble any software on Equipment; remove or alter any copyright or trademark notices on Equipment or the Platform; or use Equipp’s trademarks, logos, or branding without prior written consent.

21.            Data Privacy & Device Data

21.1         Customer’s Data. The Customer is solely responsible for any personal or business data stored on Equipment during the Rental Period. Equipp will not access personal data stored on Equipment except where necessary for MDM functions under the relevant clause(s) in this Agreement, as required by law or court order, or with the Customer’s express consent.

21.2         Data Deletion on Return. Before returning Equipment, the Customer must perform a factory reset or otherwise delete all personal data from the device. Equipp will perform a secondary wipe before redeployment but accepts no liability for data retrieved from inadequately wiped Equipment.

21.3         Equipp’s Data Processing. Equipp processes Customer personal data in accordance with its Privacy Policy published on the Platform, and in compliance with the Digital Personal Data Protection Act, 2023. By accepting this Agreement, the Customer consents to such processing for the purposes of account management, credit assessment, asset management, and legal compliance.

21.4         Data Retention. Equipp retains Customer data for the period required by applicable law and its internal data retention policy, and no longer than necessary for the purposes for which it was collected.

21.5         Data on Devices and Recovery Disclaimer - The Customer is solely responsible for backing up any personal, business, or sensitive data stored on Equipment at all times. Equipp is not obliged to provide data-recovery services in the event of Equipment hardware failure, MDM lock or wipe, Equipment return, or any other event. To the maximum extent permitted by applicable law, Equipp is not liable for any loss, corruption, alteration, or unauthorised disclosure of data stored on Equipment, save where such loss is directly caused by Equipp’s own wilful misconduct or gross negligence.

22.            Dispute Resolution & Governing Law

22.1         Governing Law - This Agreement is governed by and construed in accordance with the laws of India.

22.2         Negotiation - In the event of any dispute, the parties shall first attempt to resolve it through good-faith negotiation within 30 days of written notice of the dispute.

22.3         Arbitration - If negotiation fails, disputes shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The seat and venue of arbitration shall be Bangalore, Karnataka. The arbitral tribunal shall consist of a sole arbitrator mutually agreed by the parties, or if not agreed within 15 days, appointed in accordance with the Act. The language of arbitration shall be English.

22.4         Jurisdiction - Without prejudice to the arbitration clause, the courts at Bangalore, Karnataka shall have exclusive jurisdiction for interim or emergency relief; enforcement of an arbitral award; and matters not referred to arbitration.

23.            Amendments

23.1         Equipp may amend these Terms at any time by publishing the revised Terms on the Platform and notifying the Customer by email to the registered email address. Amendments take effect 14 days after notification.

23.2         The Customer’s continued use of the Platform or continued possession of Equipment after the effective date of an amendment constitutes acceptance of the revised Terms. If the Customer objects to an amendment, they must return all Equipment and terminate the Agreement within the 14-day notice period.

24.            General Provisions

24.1         Entire Agreement - This Agreement (including all Schedules and the Applicable Addendum where applicable) constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.

24.2         Severability - If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary to make it valid, or severed if modification is not possible, without affecting the remaining provisions.

24.3         Waiver - Equipp’s failure to enforce any provision does not constitute a waiver of that provision or any subsequent right.

24.4         Notices - Notices to Equipp must be sent to orders@equipp.in or by registered post to the registered office. Notices to the Customer may be sent to the registered email address or Authorised Channel.

24.5         Relationship - The parties are independent contracting parties. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, or employment relationship.

24.6         Language - This Agreement is executed in English. In the event of any inconsistency between an English version and a translation, the English version prevails.

 

 

 

Schedule A — Digital Acceptance Protocol

A.1  Checkout Acceptance Text

CLICKWRAP TEXT: I confirm that I have read, understood, and agree to be bound by the Equipp Master Terms & Conditions in their entirety, including the binding arbitration clause, limitation of liability, and Applicable Addendum requirements (where applicable). I confirm I have the legal capacity and authority to enter into this Agreement.

A.2  Order Confirmation Email Template

Subject: Your Equipp Order is Confirmed — [Order No.]

Body: “Dear [Name], your rental order has been confirmed under your existing Equipp Master Terms & Conditions. The Equipment specified below will be delivered to [Address] on [Estimated Date]. By accepting delivery, you confirm your obligations under those Terms for this order.”

A.3  Record-Keeping Requirements

All of the following records must be maintained for a minimum of five (5) years or such longer period as required by law, and are admissible as electronic evidence under Section 65B of the Indian Evidence Act, 1872:

●      Clickwrap acceptance log: Customer ID, IP address, timestamp, Terms version, session token

●      Order Confirmation: issued within 2 hours of order placement

●      Delivery confirmation: logistics partner delivery record with timestamp and recipient name

●      All records to be retained for minimum 5 years or such longer period as required by applicable law