Introduction:

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Welcome to giventa.in or mobile application (“App”). Under these Terms of Use, giventa provides a service for customers to borrow and lend products and services using giventa mobile application as an intermediary venue/platform. In these Terms of Use “you” and “your” refer to all users of this Website/Mobile application and “we’, “us” and “our” refer to Giventa. References to users must be read as being also a reference to customers of Giventa. 

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PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

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Your access and use of the giventa Service is conditional upon your acceptance and compliance with these terms which apply to all users, visitors, and others who access or use the giventa Service.

Accessing or using the Site and the giventa Service means you agree to be bound by these terms. If you disagree with the terms then you may not access the Service.

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Using Giventa service:

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To use Giventa Service you agree without being limited to the following not to: breach lender obligations when lending; breach borrower obligations when borrowing; breach the Terms; post any indecent or inappropriate material; spread rumors; use deception of any kind; infringe copyright or intellectual property rights; intentionally spread harmful software programs; commit piracy of works; harm or damage or infringe Giventa copyright, trademark, patent or intellectual property rights in any manner whatever.

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If you breach these Terms, and Giventa is sued, you agree to indemnify Giventa for any cost, loss, or damage that we may suffer.

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You must keep your account secure as all activities under your account are your responsibility.

 

Eligibility:

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To use our service under these Terms, you must: be over 18 years old; provide Personal information identification and any other details required; open an account with us; comply with these Terms of use and any statutory requirement.

 

Service and content policy:

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Giventa act as a venue to allow our users who comply with these Terms to offer, lend, and borrow products and services listed on the Platform between each other.

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We only act as an intermediary for you in listing classifieds, communicating to other users and order confirmation. Any agreement concluded between the parties for rental of any items is between both parties.

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Any content ("the Content") submitted or posted to Giventa Service is your sole responsibility. You agree not to infringe any third-party rights in the Content. If you breach these Terms, and we suffer losses, you agree to compensate us for any losses suffered.

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The Content is not monitored by us and if the Content breaches the terms, you agree that it will be removed. You also bear the liability for any deceptive or misleading content that you upload.

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You agree to waive authorship rights to the lawful content that you upload and, you also grant us, a transferable right to copyright and intellectual property rights to the Content fully.

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Third parties' content may be added and you agree not to infringe or exploit these contrary to the third party's rights.

If you notice any content or posting is inappropriate or is not complying with the Terms, contact us.

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We have the right to prevent any posting, remove any or all content or require you to remove content that is/are without limitation considered threatening, abusive, offensive or in breach of the Terms without any notice when in our opinion or sole discretion the posting or content cannot be permitted due to breaches of the Terms.

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Our service may contain links to third-party services or web sites not controlled or owned by Giventa. Giventa assumes no responsibility for and has no control over, the practices, policies, or content or management of any third-party web sites or services. You agree that Giventa shall not be liable, for any loss or damage caused or alleged to be caused in connection with reliance or use of any such content services or goods from any such web sites or services.

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User roles:

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When you register, open an account with us and use our service or access our site in any manner, you are the user or the Lender or the Borrower ("the User(s)", "the Lender(s)", "the Borrower(s)", "you") as the case may be and you agree to accept and to be bound by the Terms.

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Dealing with organization and users:

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As Lender, you enter a separate contract with a Borrower when you lend an item to a Borrower. You then have your lender obligations and these terms to comply with.

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You acknowledge that you and the Borrower act independently and your contract with the Borrower is strictly and solely between the two parties. You further agree that we are in no way liable for any loss or damage suffered by you due to any act or omission by the Borrower.

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As Borrower, you enter a separate contract with a Lender when you borrow an item from a Lender. You then have your borrower obligations and these terms to comply with.

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You acknowledge that you and the Lender act independently and your contract with the Lender is strictly and solely between the two parties. You further agree that we are in no way liable for any loss or damage suffered by you due to any act or omission by the Lender.

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Lenders obligation:

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You agree to comply with your lender obligations and compensate the Borrower for any breach on your part. You must ensure the item offered matches the description of the listed item. You agree that Giventa is not liable for any of the breaches of your obligations to the Borrower and your breaches of these Terms.

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As a Lender, you must give a true and accurate description of the item for rental including flaws, if any.

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When you lend an item, you represent and warrant that you have read and accepted the Terms, provided true and full personal details and identification, given a true and accurate description of your item or items and the estimated value of the item with supporting images and have funds to pay the Commission, have funds to pay the Cancellation Charge in case of a cancellation attracting the charge and will not avoid paying such sums stated

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You can leave a review of your lending experience or about the borrower on our online platform review pages. Reviews cannot be made in foul, racist, or threatening language or contain threatening or abusive content. We will not permit reviews to be manipulated and generally, we reserve the right to remove reviews or any communication from users, Lenders, or Borrowers that in our opinion contravene the Terms.

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Listing policy:

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The following items are prohibited from lending on our online platform and without limitation: items considered illicit; statutorily regulated items; pornographic materials, drugs, intoxicating substances; items violating intellectual property rights or violating personal rights; items and materials considered against public interests or legally prohibited things. In any case, we reserve the right to remove any item from Giventa Service for any reason whatsoever that we think are not in accordance with our values.

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Borrowers obligation:

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You agree to comply with your borrower obligations and compensate the Lender for any breach on your part. You undertake to pay for the lost or damaged borrowed item. You agree that Giventa is not liable for the breaches of your obligations to the Lender and your breaches of these Terms.

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When you borrow an item, you represent and warrant that you have read and accepted the Terms; accepted the description of the item, and have funds to pay rental on the item, accept liability and have funds for the estimated value (defined by the Lender) of the item in case of loss or damage and will not avoid paying the rental. If a Borrower disagrees with the estimated value as defined by the Lender, the borrower may choose not to borrow.

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As a Borrower, you represent you will be able to pay the Rental and have funds to pay for lost or damaged items.

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To extend the borrowing, you can submit to us a request to extend the period for the Lender to approve and accept. You agree that failure to extend the rental period will make you liable to charges for returns after the Return Date.

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When you rent an item through us you are acknowledging renting the item at the estimated value and you are liable to pay the full estimated value in the case of loss and damage. You also agree that we can deduct a sum up to the estimated value from your account for any loss and damage to the item.

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You can leave a review of your Borrowing experience on an specific product, or about the lender as an user on our online platform review pages. Reviews cannot be made in foul, racist, or threatening language or contain threatening or abusive content. We will not permit reviews to be manipulated and generally, we reserve the right to remove reviews or any communication from users, Lenders, or Borrowers that in our opinion contravene the Terms.

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Limitation of liability:

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Giventa is not liable for the Users, Lenders or Borrowers conduct whatever and so we exclude all liability.

1. Your liability for your negligence remains and is not limited by these terms.

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2. Our liability for our negligence remains and is not limited by these terms. However, we shall not be liable for your transactions with any party which you are solely liable for on the Giventa service or any related matter or for acts or omissions of any third party using our service.

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3. To be clear, we are not liable for and without limitation: your breaches to another party; your economic loss; any pornographic unlawful improper, infringing, unlawful user content posted; force majeure; events beyond our control and acts of god.

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4. You agree that while we endeavour to give uninterrupted service on Giventa, we nevertheless cannot guarantee such continuous uninterrupted service. On our service availability, we do not warrant and as such we expressly disclaim any warranties with respect to any fitness for a particular purpose or merchantable quality.

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5. At any time you can stop using our service by asking us to terminate your account. You also acknowledge that we can in the event you breach the Terms terminate by written notice your use of Giventa Service.

 

Limited license to use:

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You are granted a non-transferable, non-exclusive and a revocable limited license to download install and use the application strictly in accordance with the Terms.

 

Giventa owns the intellectual property rights and you accept that using our service gives you no copyright or any intellectual property rights in Giventa or the Giventa Service.

 

You agree not to carry out any conduct or act that is considered infringements or damaging to our intellectual property rights in relation to our site, webpages, application or, Giventa Service. You are permitted the limited license for personal use.

 

Cancellation:

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As a Lender, you may at any time cancel a rental listing without any charge before accepting a Borrower's request to borrow.

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However, if you cancel a rental listing after accepting and after the 2 days, you agree to pay a cancellation charge of 30% of the Rental ("the Cancellation Charge').

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As a Borrower, you may at any time cancel your request to borrow an item without charge before the Lender accepts your request by notifying us within 2 days of that request.

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However, if you cancel a request after the Lender accepted your request to borrow, the Rental is charged and you will not be entitled to any refund.

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Giventa reserves the right and discretion to cancel any listing or rental, if in our opinion without being limited, that there are improper purposes, motives, ill intentions, or harmful objectives undertaken in the listing or rental.

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Payment:

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As a Borrower, the full Rental is charged to you when you request to borrow an item and the Lender accepts the request. The Rental is the daily rental rate for an item multiplied by the number of days that the Lender agreed to lend or rent an item to you.

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Giventa in no way interferes between the users mode of payment.

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Privacy policy:

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When you use Giventa Service, you agree for us to collect and store your personal information. (Please see our Privacy Policy). The personal information collected is also used to check the correctness of identification and do necessary checks. In giving the information you also agree for us to message or communicate with you unless you tell us not to.

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Taxes:

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Any taxes (if any) incurred when using the Giventa Service is your sole responsibility.

Dispute resolution:

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1. In the case of disputes between users of our service, you agree that you and the other user will attempt to resolve the dispute. If you, the Borrower or Lender cannot resolve the dispute, Giventa will try to mediate between parties referencing rights in the Terms to resolve matters of compensation for loss and damage as expressed in the Terms. You agree to indemnify us from and against all claims demands costs and loss and our costs arising out of and in connection with these disputes.

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2. If you have a dispute with Giventa, we would like you to contact us and try to resolve the dispute. In case we cannot resolve, parties can consider alternative dispute resolution through a mediator or arbitrator. If you wish to file a civil proceeding, it has to be filed in India.

 

Termination:

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You as the User, Lender or Borrower as the case may be, fully accept that Giventa can by written notice cancel any posted listing any request to rent or any transaction undertaken by any party, if in our opinion such posting, request or transaction breach these terms.

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Government Law:

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The Terms set out the rights and obligations of the user on the Giventa online platform. You agree that the jurisdiction and applicable law in India and the laws of India.

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Modification of service, Terms of use and/or Privacy policy:

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Giventa can add or remove any of our featured services and will give notice to you of any significant changes if relevant. If changes affect you, you can stop using Giventa Service at any time.

We reserve the sole right, to replace or modify these Terms at any time. If a revision is significant, we will notify you either by email or by placing a notice on our website.