TERMS AND CONDITIONS
Terms and Conditions
By accessing and using this site as offered by Equipp you agree to be bound by Equipp’s terms and conditions of use as follows:
Equipp reserves its right to change the terms and conditions as and when required. The updated terms and conditions will be posted here. Your continued use of the Site pursuant to the changes will be considered as acceptance to the modified terms and conditions.
You consent to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party. This website is for your personal and non-commercial use.
You explicitly consent to the Privacy Policy located at “www.equipp.in” and as such the policy may be amended from time to time.
Equipp does not warrant that the functions or material contained on this site will be uninterrupted or error free. Any errors or defects will be corrected. Equipp does not warrant that the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
Sometimes the information on the site may contain technical inaccuracies or typographical errors for which Equipp reserves its right to make necessary changes, corrections and/or improvements to the Information at any time without notice.
This site and the information, names, images, pictures, logos regarding or relating to Equipp are provided on an “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Equipp be liable for any damages including without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.
Any communication you may transmit to the site on any public area of the site including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary information.
A. Rent
Equipp is a marketplace for renting electronic gadgets across categories such as Laptops, iPads, Gaming consoles, Games and any other electronic gadgets as deemed fit by Equipp, as a package or individual items by signing a personalized contract provided thereunder. Any User can rent a product as offered on Equipp Website, for a minimum period of a week or a month, as provided in the contract. Playstation consoles (and games) are available to rent for a minimum period of one week and a maximum period of four weeks, with further extension of time period by one week, at a time. All other electronic gadgets are available to rent for a minimum period of one month, with extensions of time period by one month, at a time. The transaction herein shall not be considered as sale and for all purposes the products offered/provided herein shall remain as the property of the owner.
Anybody desiring to avail services/ products from Equipp shall create an account on the website of Equipp and comply with the verification requirements therein.
B. Ownership of Products
The products at all points during the contract are owned by Equipp. There is no transfer of ownership of products to the User.
C. Payment Policy
In case of Products where monthly rentals are available, an invoice will be raised on the Users on the 1st of every month, and the period of rent selected will start on the 1st of the subsequent month for payment. The payment made during checkout will be a pro-rata amount for the User, corresponding to the period of rent.
The invoice is to be settled on or before the 11th of every invoiced month. In the event of non-payment within the stipulated time, a late fee charge of 10% of the total rental amount, shall be payable, from the 11th of every invoice month, till date of payment.
If the User fails to pay outstanding amounts towards the invoice and late fee by the last day of the month, the rental contract will end immediately and the rented product will be processed for return, as per Equipp’s return policy. On the User’s failure/refusal to return the product, when it become eligible for return upon non-payment, Equipp shall initiate legal proceedings, including criminal proceedings for theft and misappropriation, the costs and consequences of which the User shall be solely liable for.
In case of Products where weekly rentals are available, an invoice will be raised on the User, for pre-payment. Before taking delivery of the Product, the User will pay the amounts mentioned in the invoice. If the User seeks to extend the period of rental while in custody of the Product, the User shall make such request for extension and pay the invoiced amount for the extended period, prior to commencement of the extended period. No amounts shall be refundable to the User on any cancellation by the User after payment and prior to delivery or after delivery.
D. Security Deposit
Against order for rent placed by the User, a refundable security deposit amounting to a percentage of the actual value of the Product, as decided by Equipp, shall be payable by the User to Equipp, at the commencement of the rental period. The security deposit shall be refunded to the User, free of interest, on termination of the contract and after satisfactory completion of product quality check by Equipp, within 14 days of receipt of returned product.
The security deposit shall be refunded in full to the User, if the product is returned without damage. If the product is damaged in any manner, Equipp will deduct pro rata amount from the security deposit to repair such damage and refund the balance of the security deposit to the User, within 14 days of receipt of returned product. If the damage to the product exceeds the value of the security deposit, Equipp shall raise an additional invoice on the User, for recovery of such amounts towards repair of damage.
Equipp has the discretion to deduct from the Security Deposit, any amounts payable by the User towards monthly invoices. In the event that Equipp does deduct arrears in monthly invoices, from the Security Deposit, the User shall, within 7 days of such intimation of deduction by Equipp, replenish the deducted amounts towards Security Deposit. However, the User cannot as a matter of right, refuse to pay monthly rental to Equipp and ask Equipp to deduct the monthly rentals from the Security Deposit.
E. Order Confirmation
Upon receipt of the security deposit and pro-rata monthly amount or weekly amount as applicable, (subject to successful verification), the User shall receive a confirmation email for the product/s that is/are selected.
In cases, where there is no availability of the product, Equipp will offer a substitute product. The User has the discretion to accept or refuse such a substitution. If a User refuses the substitute product, a refund of the amount will be provided, within 14 days of such refusal.
F. Delivery
On confirmation of the order by the User, Equipp shall deliver the Product(s) to the User’s location through its own team or third-party delivery partners. The cost of the delivery may be borne by Equipp or the User, as per contract terms. The User or the User’s Representative shall be present at the User location at the time of delivery. In case the User is not present at the time of delivery to receive the product, a second delivery attempt will be made by Equipp on the following day, the delivery costs towards taking back the product to Equipp, due to non-availability of User and re-delivery attempt, shall be solely borne by the User.
Before dispatch of Products to the User, Equipp shall inspect the quality and ensure that the Products are in working and usable condition. At the time of delivery, the User shall inspect the physical condition of the product and shall intimate Equipp or its delivery partner, forthwith. On User inspection, if any Product is found damaged during transit or unfit for use, Equipp shall replace the same at its own cost, within 24 hours. The delivery/replacement of the product will depend on and is subject to the availability of the product or spare parts in the market. If the User does not ask for a replacement and is ready to use the Product, as it is, damage to the product shall be noted in the delivery receipt and a photo of the same shall be taken by the delivery partner for Equipp’s record.
In case any claim of damage is raised by the User after acceptance of delivery, Equipp will not be liable to refund or provide a replacement of product. The delivery of product would be valid and the User will be charged, as per contract. The product is ‘accepted for delivery’ once the OTP for delivery has been provided to our delivery partner.
G. Service
Equipp will provide technical support and any servicing of Product, requested by the User during the period of contract. The User’s servicing queries will be telephonically resolved by Equipp’s Support Team. If an on-site visit is necessitated by the nature of query, Equipp will make best efforts to dispatch a service engineer within 24 hours of raising of such query.
If the product issues persist after the on-site visit, Equipp will take return of the product for technical diagnosis and provide to the User a substitute Product (subject to availability). If the User refuses to accept the substitute Product, the User contract in respect of the Product will terminate and final settlement of accounts in respect of the product will ensue.
H. Insurance
The User can opt for Insurance feature, available against the product. A monthly premium in addition to the monthly rental shall be payable by the User towards the insurance of the product. However, if the Product damage exceeds the insurance cover, the User shall be liable to pay to Equipp, the additional amounts, thereon. Equipp’s service engineer shall inspect the product upon return and an invoice for additional amounts towards damage, will be raised on the User.
The insurance will cover physical damage and water damage however in case of User negligence, the insurance cover will not be applicable. If there is a theft or loss of the product, while the Product is in the custody of the User, the User shall forthwith lodge a police complaint with the jurisdictional police station and furnish a copy thereof to Equipp. Equipp reserves the right to deny any claim on an insured product, when Equipp feels there might have been negligence from the User.
Users, who have not opted for insurance, will be wholly liable for the product. Any damage, loss, theft, etc. would incur an additional charge to the User. The market price of the cost of the service/ Product will be invoiced to the User. Failure to make payment by a User shall entail in Equipp exercising its discretion to offset the monies from the Security Deposit, in addition to initiating legal proceedings against the User.
I. Damage Policy
Equipp reviews and tests the product before the Product returned by a User is again rented out. The User shall be liable to pay for any damage (including but not limited to dent, scratches, breakage, chipping, cracked display, jail break of the device, exposure to liquid dampness or moisture or sand, hardware and software tampering including jailbreak, rooting, unlocking boot ROM, bending of Product frame, modifications, unauthorized repairs, tampering of the Product serial number and malware installation or any other cause not arising due to manufacturing defect of the Product) of the Product. Once the damage is inspected and rectified by the authorised service centre, Equipp will invoice the User for the amounts payable as quoted by the authorized service centre for the damage incurred subsequent to rectification. Damage that results in the product being unusable or affecting its functionality will render the User liable to pay Equipp the full value of the product. The User shall forthwith make such payments to Equipp. It is made clear that in the event that there is a mis-match in the details of the Account-holder and the details provided for verification, then both the account-holder and the person whose details are used for verification shall be jointly and severally liable to pay Equipp costs towards damage of the Product.
However, in the case of products covered by insurance, the User would be liable to pay at least 5% of the repair charges or value of the Product or subject to this amount being atleast Rs.5,000/- (Rupees Five Thousand Only).
J. Lost
In case a product is lost (including but not limited to robbery, theft, and misplacement) by the User, the User shall intimate Equipp immediately and the User shall either file a police complaint and first information report (“FIR”) with the jurisdictional police station and share the copy with Equipp or shall assist Equipp in filing such police complaint/ FIR.
In case the product is lost or stolen and if the product was ‘new’ the User will be charged the MRP value of the product and is liable to pay for the same. However, if the Product was a refurbished product, the User would be charged at a depreciated value, which is at the discretion of Equipp.
It is made clear that in the event that there is a mis-match in the details of the Account-holder and the details provided for verification, then both the account-holder and the person whose details are used for verification shall be jointly and severally liable to pay Equipp costs towards loss of the Product.
K. Inspection
Equipp reserves the right to inspect the Product delivered to the User during the final pick up of the Product at the end of the term or earlier termination (as the case may be). The User shall co-operate with Equipp to carry out the necessary quality checks of the product at the time of pickup of the product. Equipp shall provide a quality check report to the User, in case any damage is found to the Product at the time of pickup, the User shall be liable to pay for such damage. The User hereby agrees that, in addition to quality check at the User’s premises, Equipp shall conduct an additional quality check at its warehouse/service centre, and in case any additional damage is found, the same shall be informed to the User and will be liable to make the payment.
L. Data
No data of the Users will be accessed by Equipp. The data that was retained during course of the use of service will be deleted and reformatted during the quality check procedure. The User is expected to delete and reset the system on their own, however, failure to do so Equipp’s technical team will do it on their end. Equipp is not liable for any loss of data.
Equipp will be installing software to track the location of the product. The User shall not delete or uninstall such software, in case it has been done the User must inform Equipp immediately or the product will move into the return procedure. The software collects only information relating to the location of the product. The software does not collect any personal information other than the information stated above. The information relating to the location of the product will be solely in the custody of Equipp. Only on default by the User, for any reasons mentioned in this Terms and Conditions and the Privacy Policy, the location data collected by Equipp may be shared with statutory authorities or such other authorised personnel for retrieval of the product.
For Equipp’s handling of personal information of User, please see Privacy Policy.
M. Order - Cancellation
In case of order cancellations, the User can raise a ticket for early cancellation in the “support” section or reach out to Equipp through email. If the User cancels the order mid-contract, the User shall be liable to pay any arrears under the contract and an additional amount of a month’s rental as per contract terms. Further, if any advance payments were made by the User and the User cancels the contract before expiry of the contract term, the monies will stand forfeited to the account of Equipp and no refunds will be given.
N. Extension
The Users have an option to extend their product directly from the website at “www.equipp.in”. In case of any extension, the User will be notified via email along with the additional amount payable on the extension. The Users will be charged at the prevailing rates for the chosen months of extension, irrespective of contract rates, previously entered into between Equipp and the User.
O. Termination
In case the User does not choose to extend rental, then the contract will terminate once the product is returned and quality check has been completed and security deposit has been returned.
In case of the following defaults, the agreement will be terminated immediately:
- If there is a default of rent during the rental period, then at the end of the month when the invoice is payable, the contract will terminate and the product will move to the return procedure.
- If there is a default of this agreement or the terms and conditions of the agreement, the contract will end.
Once the contract has been terminated the following actions will take place -
- Equipp will take possession of its products immediately.
- Any dues pending from the User need to be cleared
P. Confidentiality
During the course of use of the services, the User may receive information relating to Equipp or its Affiliates or to the services that is not yet available to the general public ("Confidential Information"). The User agrees that: (a) all Confidential Information will remain Equipp’s exclusive property; (b) The User will use Confidential Information only as is reasonably necessary for participation in the services and ensure that persons who have access to Confidential Information will be made aware of and will comply with the obligations in this provision; and (c) The User will not otherwise disclose Confidential Information to any individual, company, or other third party, including any Affiliates. The User may not issue any press release or make any public statement related to the Services, or use Equipp’s name, trademarks or logo in any way (including in promotional material) without Equipp’s advance written permission, or misrepresent the relationship between Equipp and the User, in any way.
Q. Refund Policy
The Users shall get a Refund against the security deposit/ reversal of transaction for payment made through Billdesk. The timeframe for such refunds will be notified on the Billdesk platform.
Kindly note that there may be delays in refund owing to Bank processes, not within Equipp’s control.
R. Miscellaneous
Any User registered with Equipp, shall abide by the policies of the Company. Equipp reserves the right and absolute discretion for issuance of warnings and further immediate cancellation of such User contracts if the User is found to be guilty of any act that may cause harm to the reputation or policies of Equipp and if such acts are repetitive in nature. The user shall also abide by the following conditions:
- The User should ensure that the Product is connected to a UPS when in use in any area with power fluctuations
- The User is not allowed to open or modify any of the parts of the Product
- The Product should always be in the possession of the User at the address provided by the User in the contract entered with Equipp. If the devices are to be moved to another physical location, different form the one mentioned in the contract, Equipp should be notified at the earliest and prior written permission is to be sought.
- The User is prohibited from re-leasing the rented product in any manner whatsoever.
- The Product should not be used for any illegal activity or mining of crypto currencies directly or indirectly.
- On the website of Equipp or on Equipp’s products, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information:
- Belonging to another person and to which the user does not have any right.
- Any defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- Infringes any intellectual property;
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact
- Impersonates another person.
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any product;
- Patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
Any user found guilty of any act, false representations which in any way cause harm to the brand of Equipp shall be considered as a breach of agreement and policies of Equipp and shall be liable for appropriate consequences including immediate termination of the agreement if required and other legal proceedings.
S. Force Majeure
Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred.
T. Binding Nature
This Agreement shall constitute the entire Agreement between the Parties hereto and shall be binding on the parties.
If these terms and conditions are not accepted in full, the use of this site must be terminated immediately.
The User has read this agreement and agrees to all of the terms and conditions contained herein.
U. Scope of Agreement/ Relationship of Parties
The User and Equipp are independent contractors, who have solely entered into an agreement, for the purpose of renting products as offered on Equipp Website. There is no relationship of principal and agent or employer and employee or any such other relationship. The agreement does not create an exclusive relationship between the User and Equipp. The User will have no authority to make or accept any offers or representations on behalf of Equipp. The User will not make any statement, that would contradict anything in this section.
V. Disclaimer
By signing below, the User acknowledges their understanding of the terms of doing business with Equipp and agrees to abide by these terms at all times.
W. Jurisdiction
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Equipp’s failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.