Terms And Conditions

1. INTRODUCTION:

1.1. These Leasing Terms and Conditions (hereinafter referred to as Leasing Terms) hereby prescribed on the Platform (as defined further in these Leasing Terms) is owned and operated by M/s. Omshreem Technologies Pvt. Ltd having its registered offices at Plot 150, Enkay Global Udyog Vihar Phase I, Sector 20, Gurugram, Haryana India, hereinafter referred to as Company (as defined further in these Leasing Terms) which owns and controls the Platform as represented by its authorized signatory

1.2. This Platform shall prescribe these Leasing Terms at the time of entering into the leasing agreement(s) between the Product supplier(s) (as defined further in these Leasing Terms) and the Subscriber(s) (as defined further in these Leasing Terms).

1.3. This Platform shall enable the Product Supplier(s) to advertise their solutions(s) (as defined further in these Leasing Terms) being offered by Product supplier(s) for the purpose of renting. This Platform will enable the Product Supplier(s) to communicate with the Subscriber(s) (as defined further in these Leasing Terms) in need of such solution(s) being offered on rent.

1.4. These Leasing Terms will further allow the Product Supplier(s) and the Subscriber(s) to enter into an agreement by virtue of giving their acceptance to these Leasing Terms on the Platform and enable the Subscriber(s) and the Product Supplier(s) to complete their respective obligations (as further defined in these Leasing Terms) under these Leasing Terms.

1.5. The Company shall reserve its rights to alter or make any changes it shall feel necessary at any time to the Leasing terms which shall be made electronically intimated by the Company by making necessary announcements on the Platform.

2. DEFINITION:

2.1. Assent to the Leasing Terms refers to when either the Product Supplier(s) or the Subscriber(s) shall by clicking on the box adjacent to the Leasing Terms shall mark their acceptance to all the terms and conditions laid down under the Leasing Terms.

2.2. Company shall at all times refer to M/s. Omshreem Technologies Pvt. Ltd having its registered offices at Plot 150, Enkay Global Udyog Vihar Phase I, Sector 20, Gurugram, Haryana India which owns and controls “Rentit4me” as represented by its authorized signatory which expression shall unless repugnant to the context or meaning thereof mean and include its agents, representatives successors in interest and title, permitted assigns or anyone claiming through or under it.

2.3. Consideration refers to the specified monthly payment to be made by the Subscriber(s) using the Company’s Platform in favour of the Product Supplier(s) towards the solution(s) leased by it as specified in the Payment Schedule.

2.4. Delivery Date refers to the specified date and time upon which the Product Supplier(s) acting on the instruction of the Company shall deliver the leased solution(s) to the specified delivery location provided by the Subscriber(s).

2.5. Interest Free Refundable Security Deposit refers to the interest free refundable security deposit paid by the Subscriber(s) to the Company using its platform as a security amount against the leased solution(s), which shall be refunded back to the Subscriber(s) at the time of expiry of the leasing period, or at the time of termination of the leasing period; which may be subject to deductions on account of any outstanding dues or any damage or any loss that may have been caused to the either and or both the Product Supplier(s) and the Company due to the negligence of the Subscriber(s) in their use of the solution(s) during the lease period.

2.6. Leasing Period refers to the mutually accepted period for which the Product Supplier(s) agrees to lease their solution(s) to the Subscriber(s), and the Subscriber(s) agrees to take on lease the solution(s) provided by the Product Supplier(s).

2.7. Obligations refers to any and all duties and responsibilities incorporated in these Leasing Terms which at all times shall be borne by the Product Supplier(s)and Subscriber(s) while granting their assent to these Leasing Terms.

2.8. Parties refers to all parties to these Lasing Terms namely, the Company, the Product Supplier(s) and the Subscriber(s). In addition, each of them can be individually addressed as Party.

2.9. Platform shall at all times refer to the website namely “Rentit4me” which is owned and operated by the Company.

2.10. Product Supplier(s) refers to any individual(s) or body incorporate(s) as listed at the time of registration on the user application, further the term Product Supplier(s) which expression shall unless repugnant to the context or meaning thereof means and includes its agents, representatives successors in interest and title, permitted assigns or anyone claiming through or under it, and shall refer to such party that gives their assent to these Leasing Terms for the purpose of leasing their solution(s) to the ultimate Subscriber(s).

2.11. Solution(s) refers to any and all products including all its components thereof being leased by the Product Suppliers(s) on the Platform for the purpose of leasing as specified in Schedule I.

2.12. Subscriber(s) refers to any individual(s) or body incorporate(s) as listed at the time of registration on the user application, further the term Subscriber(s) which expression shall unless repugnant to the context or meaning thereof means and includes its agents, representatives successors in interest and title, permitted assigns or anyone claiming through or under it, and shall refer to such party that gives their assent to entering into these Leasing Terms for the purpose of taking on lease solution(s) provided by the Product Supplier(s).

3. SCOPE OF RESPOSIBILITY:

3.1. The Company shall subject to the completion of formalities and upon duly receiving the assent of both the Product Supplier(s) and the Subscriber(s) be responsible for the following:

3.1.1. The Company shall only allow the use of its platform for the purpose of facilitating the advertisement of solution(s) provided by the Product Supplier(s), the Company shall further allow the Product Supplier(s) to communicate with interested Subscriber(s) for the purpose of facilitating the lease.

3.1.2. The Company shall further allow the Subscriber(s) and the Product Supplier(s) upon successfully giving their assent to these Leasing Terms to use the platform to make and receive payments of the agreed upon consideration.

3.1.3. The Company on receiving a request from the Subscriber(s) shall inform the Product Supplier of such request to facilitate any and all repair/ replacement of any non-functional component(s) by the Product Supplier(s) within a period of 5 working days.

3.1.4. The Company on receiving a written request from the Subscriber(s) to facilitate a relocation of the solution(s) shall within a period of 2 working days inform the Product Supplier(s) of such request. However, the Company shall not be held responsible for any delay in the delivery of the solution(s) by the Product Supplier(s).

3.1.5. The Company is not responsible for renting or offering on rent any solution(s) as it does not own any solution(s) of its own.

3.1.6. The Company undertakes to be responsible for returning the Interest Free Refundable Security Deposit to the Subscriber(s) within the prescribed period of 15 working days from the termination of the Leasing Period; subject to any deduction which may be necessary at the time of either expiry or termination of the Leasing period; which may be subject to deductions on account of any outstanding dues or any damage or any loss that may have been caused to the either and or both the Product Supplier(s) and the Company due to the negligence of the Subscriber(s) in their use of the solution(s) during the lease period. However, the Company shall not be held liable for any delay in the returning the interest free refundable security deposit to the Subscriber(s) within the prescribed period.

3.1.7. The Company further at no point in time shall be held responsible for any and all breach in obligations by either and or both the Product Supplier(s) and the Subscriber(s).

3.2. The Product Supplier(s) upon granting its assent to these Leasing Terms shall be responsible for the following:

3.2.1. The Product Supplier(s) agrees to provide the solution(s) advertised on the Company’s Platform for the purpose of leasing for the predetermined leasing period in accordance with the terms laid down herein.

3.2.2. The Product Supplier(s) hereby agrees to allow the Company to use its proprietary acquired markings or plates to be placed on the leased solutions(s) prior to the delivery of solution(s).

3.2.3. The Product Supplier(s) further agrees to not place any of its own proprietary acquired markings or plates on the solution(s) while leasing the solution(s) to the Subscriber(s) procured through the Company’s Platform.

3.2.4. The Product Supplier(s) agrees not to make any direct contact with the Subscriber(s) procured through the Company’s platform.

3.2.5. The Product Supplier(s) undertakes to make contact with the Subscriber(s) only through the Company at all times, and only upon being instructed to do so by the Company.

3.2.6. The Product Supplier(s) agrees not to make any direct or indirect leasing agreement or any such agreement which shall facilitate leasing of listed or non-listed solution(s) to be entered into with the Subscriber(s) procured through the Company’s platform.

3.2.7. The Product Supplier(s) undertakes to be responsible for the delivery of the solution(s) on the specified date, time and location acting on the instructions provided to them by the Company.

3.2.8. The Product Supplier(s) undertakes to be responsible for collecting the consideration from the Subscriber(s) as agreed in the payment schedule using the Company’s Platform.

3.2.9. The Product Supplier(s) undertakes to be responsible for inspecting the solution(s) from a time-to-time manner ensuring that the solution(s) is/are functioning as per industry standards.

3.2.10. The Product Supplier(s) undertakes to upon the instruction of the Company to relocate the solution(s) issued to the Subscriber(s). The Product Supplier(s) shall be responsible for ensuring that all additional charges on account of said logistical transfer and or re-installation of the solution(s) is/are taken by it from the Subscriber(s) prior to the mutually agreed delivery date.

3.2.11. The Product Supplier(s)) agrees to continue to lease the solution(s) for a minimum leasing period, as and when informed by the Company at the time of entering into these Leasing Terms.

3.2.12. The Product Supplier(s) agrees that it shall forfeit partially or completely any amount from the interest free refundable security deposit owing to its termination of the leasing period prior to the completion of the minimum duration of the Leasing Period.

3.2.13. The Product Supplier(s) agrees that it shall be responsible of making any and all additional payments on account of premature termination of these leasing terms, specifically in such a case where the forfeiture amount despite complete deduction of the interest free refundable security deposit is still remaining outstanding by the Product Supplier(s).

3.2.14. The Product Supplier(s) undertakes to indemnify the Company from any risks and liabilities arising from or pertaining to the facilitation of leasing the solution(s) to the ultimate Subscriber(s) and further undertakes to indemnify the Company from any and all claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from or pertaining to the facilitation of leasing the solution(s) to the ultimate Subscriber(s).

3.2.15. The Product Supplier(s) undertakes to indemnify the Company from any theft or damages of any kind arisen from or pertaining to the facilitation of leasing, use or possession of solution(s) by the ultimate Subscriber(s).

3.2.16. The Product Supplier(s) undertakes to indemnify the Company from any breach of obligation(s), that have not been performed partially or completely by the Subscriber(s).

3.3. The Subscriber(s) upon granting its assent to these Leasing Terms shall be responsible for the following:

3.3.1. The Subscriber(s) undertakes to share the precise location of the premises with the Company for the delivery of the solution(s) prior to the delivery date.

3.3.2. The Subscriber(s) undertakes to take any and all necessary permission prior to the delivery date allowing the Product Supplier(s) entry into the premises and use of the elevator facilities of the premises.

3.3.3. The Subscriber(s) undertakes to inform the Company, prior to the delivery date of the solution(s) in case an elevator facility is not available at the premises.

3.3.4. The Subscriber(s) undertakes to be present in person or have its authorized representative to be present at the delivery of the solution(s).

3.3.5. The Subscriber(s) undertakes to conduct a thorough inspection of the solution(s)at the time of delivery and report issues, if any, at the time delivery as the case maybe to the representatives of the Product Supplier(s).

3.3.6. The Subscriber(s) undertakes to make payment towards any and all additional charges towards the labour charges for the delivery of the solution(s) in case the elevator facilities are not available at the premises.

3.3.7. The Subscriber(s) undertakes to not sell, assign, sublet, pledge, hypothecate or otherwise encumber or suffer a lien upon or against any interest in these Leasing Terms or against the solution(s)provided by the Product Supplier(s).

3.3.8. The Subscriber(s) agrees that it shall during the lease period be solely responsible for all the component(s) of the solution(s) and undertakes that the solution(s) on lease under these Leasing Terms will remain at the Premises and ensures that it will not be moved to another location.

3.3.9. The Subscriber(s) agrees that it will take written permission from the Company. Upon receiving the written permission from the Company for relocation, the Subscriber(s) shall request the Company to on a mutually agreed date to relocate the solution(s) at the new location provided by it.

3.3.10. The Subscriber(s) agrees that it will make any and all additional payments towards any charges levied by the Company and or the Product Supplier(s) on account of said logistical transfer and or re-installation of the solution(s).

3.3.11. The Subscriber(s) undertakes to make payment to the Company using its platform towards the interest free refundable security deposit which shall act as a security amount against the leased solution(s).

3.3.12. The Subscriber(s) agrees to be bound by the decision of the Company to take a period of 15 working days to refund the interest free refundable security; at the time of expiry of the leasing period, or at the time of termination of the leasing period; which may be subject to deductions on account of any outstanding dues or any damage or any loss that may have been caused to the either and or both the Product Supplier(s) and the Company due to the negligence of the Subscriber(s) in their use of the solution(s) during the lease period.

3.3.13. The Subscriber(s) undertakes to make monthly payments towards the specified consideration of the solution(s) as agreed in the payment schedule using the Company’s Platform.

3.3.14. The Subscriber(s) agrees that it shall forfeit partially or completely any amount from the interest free refundable security deposit owing to its termination of the leasing period prior to the completion of the minimum duration of the Leasing Period.

3.3.15. The Subscriber(s) agrees that it shall be responsible of making any and all additional payments on account of premature termination of these leasing terms, specifically in such a case where the forfeiture amount despite complete deduction of the interest free refundable security deposit is still remaining outstanding by the Subscriber(s).

3.3.16. The Subscriber(s) undertakes to use the solution(s) in a careful manner, ensuring that the solution(s) is not damaged failing which if any components of the solution(s) thereof is broken, torn, stained or is damaged in any manner during the lease period the Subscriber(s) shall be responsible for the payment for the value of the damage to the Product Supplier(s) using the Company’s Platform.

3.3.17. The Subscriber(s) undertakes to make any and all payment towards any damage that shall occur during the lease period resulting in a replaceable component of the solution(s) becoming unusable either partially or completely to the Product Supplier(s) as deemed necessary and fair by the Product Supplier(s) using the Company’s Platform.

3.3.18. The Subscriber(s) undertakes to make any and all payment towards any damage that shall occur during the lease period resulting in the solution(s) becoming unusable either partially or completely to the Product Supplier(s) as deemed necessary and fair by the Product Supplier(s) using the Company’s Platform.

3.3.19. The Subscriber(s) undertakes to comply with all laws, regulations and orders relating to the possession and operation of the solution(s).

3.3.20. The Subscriber(s) undertakes to assumes all risks and liabilities arising from or pertaining to the possession and operation of the solution(s).

3.3.21. The Subscriber(s) undertakes to indemnify and keep indemnified the Company and the Product Supplier(s) against any and all claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from or pertaining to the use, possession and operation of the solution(s). Any fees, taxes or other lawful charges paid by the Product Supplier(s) upon failure of Subscriber(s) to make such payments, shall become immediately due from Subscriber(s) to make such payments, in favour of the Product Supplier(s).

3.3.22. The Subscriber(s) undertakes to keep indemnified the Company and the Product Supplier(s) against loss of solution(s) by seizure by any person other than the Product Supplier(s) for any reason whatsoever or resulting from any form of legal process initiated by any person other than the Product Supplier(s).

3.3.23. The Subscriber(s) undertakes to indemnify and keep indemnified the Company and the Product Supplier(s) against any and all claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from or pertaining to the non-return of the interest free refundable security within the stipulated period of these leasing terms.

3.3.24. The Subscriber(s) undertakes to indemnify and keep indemnified the Company and the Product Supplier(s) against all risks and liabilities whether civil or criminal, arising from the possession, use, operation or storage of the solution(s) and for injuries or deaths of persons or damage to property arising from the above.

4. TITLES, OWNERSHIP, IDENTIFICATION OF THE SOLUTION(S):

4.1. The Company and the Subscriber(s) agrees that no right, title, or interest in the solution(s) provided to it by the Product Supplier(s) shall pass by the virtue of these Leasing Term

4.2. That the Product Supplier(s) agrees that conditioned upon its compliance with these Leasing Terms the Subscriber(s) shall only have the right to retain and use the solutions(s) provided by the Product Supplier(s), which shall be limited to the full term of the leasing period including the extended term, conditioned on the concurrence of the Product Supplier(s) and the Compan

4.3. The Company and the Subscriber(s) hereby give assent that the intent under these Leasing Terms is/are that the solution(s) provided by the Product Supplier(s) shall continue to remain the property of the Product Supplier(s).

4.4. The Product Supplier(s) agrees and undertakes to allow the Company to use its acquired plates or markings which shall be placed on the solution(s) provided by the Product Supplier(s) prior to the delivery date.

4.5. The Product Supplier(s) agrees to grant the Company the right to use any acquired plates or markings to be placed on the solution(s) provided by it, which shall be preserved by the Subscriber(s) during the lease period.

5. CONSIDERATION:

5.1. The Subscriber(s) undertakes to make payment of the specified amount of consideration for the use of the solution(s) as specified in the Payment Schedule inclusive of applicable tax if any, which shall be payable within a period of 7 days from becoming due to the Product Supplier(s). .

6. INTEREST FREE REFUNDABLE SECURITY DEPOSIT:

6.1. The Subscriber(s) undertakes to make payment to the Company using its platform towards the interest free refundable security deposit which shall act as a security amount against the leased solution(s).

6.2. The Subscriber(s) agrees to be bound by the decision of the Company to take a period of 15 working days to refund the interest free refundable security; at the time of expiry of the leasing period, or at the time of termination of the leasing period; which may be subject to deductions on account of any outstanding dues or any damage or any loss that may have been caused to the either and or both the Product Supplier(s) and the Company due to the negligence of the Subscriber(s) in their use of the solution(s) during the lease period.

6.3. The Subscriber(s) agrees that it shall forfeit partially or completely any amount from the interest free refundable security deposit owing to its termination of the leasing period prior to the completion of the minimum duration of the Leasing Perio

6.4. The Subscriber(s) agrees that it shall be responsible of making any and all additional payments on account of premature termination of these leasing terms, specifically in such a case where the forfeiture amount despite complete deduction of the interest free refundable security deposit is still remaining outstanding by the Subscriber(s).

6.5. The Subscriber(s) undertakes to indemnify and keep indemnified the Company and the Product Supplier(s) against any and all claims, costs, expenses, damages and liabilities whether civil or criminal, of any nature whatsoever, arising from or pertaining to the non-return of the interest free refundable security within the stipulated period of these leasing terms.

6.6. Either and or both the Company and the Product Supplier(s) undertakes not to demand any additional security deposit during the initial term as well as at the time of any renewal of these Leasing Terms of the lease for a period of 2-year(s) maximu

6.7. The Company undertakes to be responsible for returning the Interest Free Refundable Security Deposit to the Subscriber(s) within the prescribed period of 15 working days from the termination of the Leasing Period; subject to any deduction which may be necessary at the time of either expiry or termination of the Leasing period; which may be subject to deductions on account of any outstanding dues or any damage or any loss that may have been caused to the either and or both the Product Supplier(s) and the Company due to the negligence of the Subscriber(s) in their use of the solution(s) during the lease period. However, the Company shall not be held liable for any delay in the returning the interest free refundable security deposit to the Subscriber(s) within the prescribed period.

6.8. The Product Supplier(s)and the Company shall reserve the right to deduct any amount from the interest free refundable security deposit to cover damages or breakdowns due to mishandling of the solution(s), or towards any unpaid monthly considerations and or any such other deductions as may be applicable at the time of termination of these Leasing Term

6.9. The Company shall reserve the right to deduct partially or completely any amount from the interest free refundable security deposit on account of premature termination of these Leasing Term

7. DURATION OF THE LEASING PERIOD:

7.1. The Product Supplier(s) shall lease the solution(s) as advertised by it on the Company’s Platform to Subscriber(s) for the agreed number of months mentioned in the application under the column marked as duration in the invoice shared with both the Product Supplier(s) and the Subscriber at the time of giving assent to these Leasing Terms

7.2. That the duration of the leasing period shall commence from the date the solution(s) is/are delivered to the Subscriber(s) on a prescribed delivery date; subject to receiving the instructions from the Company which shall come into effect within a period of 7 working days; which shall be subject to the Product Supplier and the Subscriber(s) giving their assent to these Leasing Terms and upon completion of all formalities as prescribed by the Company. In addition to having made the initial payment as prescribed in the schedule for payments as mentioned in Payment Schedule and subject to the availability of the solution(s).

8. DELIVERY:

8.1. The Product Supplier(s) undertakes to be responsible for the delivery of the solution(s) on the specified date, time and location acting on the instructions provided to them by the Compan

8.2. The Subscriber(s) undertakes to share the precise location of the premises with the Company for the delivery of the solution(s) prior to the delivery dat

8.3. The Subscriber(s) undertakes to take any and all necessary permission prior to the delivery date allowing the Product Supplier(s) entry into the premises and use of the elevator facilities of the premises.

8.4. The Subscriber(s) undertakes to inform the Company, prior to the delivery of the solution(s) in case an elevator facility is not available at the premise

8.5. The Subscriber(s) undertakes to be present in person or have its authorized representative to be present at the delivery date of the solution(s) during the lease period.

8.6. The Subscriber(s) undertakes to conduct a thorough inspection of the solution(s)at the time of delivery and report issues, if any, at the time delivery as the case maybe to the representatives of the Product Supplier(s).

8.7. The Subscriber(s) undertakes to make payment towards any and all additional charges relating to the labour charges for the delivery of the solution(s) in case the elevator facilities are not available at the premises.

8.8. The Product Supplier(s) undertakes to upon the instruction of the Company to relocate the solution(s) issued to the Subscriber(s). The Product Supplier(s) shall be responsible for ensuring that all additional charges on account of said logistical transfer and or re-installation of the solution(s) is taken by it from the Subscriber(s) prior to the mutually agreed delivery date.

9. EXPIRY OF THE LEASING TERMS:

9.1. That after the expiry of these Leasing Terms or upon earlier termination of these Leasing Terms, as agreed between the Parties, the Product Supplier(s) shall schedule a pick-up of the solution(s) as per the agreed upon time.

9.2. Minimum Leasing Period: The Company shall reserve their right to prescribe a minimum leasing period which may be for a duration of 3 months commencing from the date of delivery of the solution(s) to the Subscriber(s) or any such longer period as may be determined by the Company in a time-to-time manner.

9.2.1. The Product Supplier(s) and the Subscriber(s) agrees to continue to lease the solution(s) for a minimum leasing period, as and when informed by the Company at the time of entering into these Leasing Terms.

9.2.2. The Product Supplier(s) and the Subscriber(s) agrees that it shall forfeit partially or completely any amount from the interest free refundable security deposit owing to its termination of the leasing period prior to the completion of the minimum duration of the Leasing Period.

9.2.3. The Product Supplier(s) and the Subscriber(s) agrees that it shall be responsible of making any and all additional payments on account of premature termination of these leasing terms, specifically in such a case where the forfeiture amount despite complete deduction of the interest free refundable security deposit is still remaining outstanding by either and or both the Product Supplier(s) and the Subscriber(s).

9.3. Cancellation Policy: The Subscriber(s) shall be at liberty to cancel its order for the leased solution(s) up to 1 working day prior to the agreed date of delivery. The Subscriber(s) understands and agrees that it shall be bound to duration of the leasing period once the leased solution(s) are delivered, and the Subscriber(s) shall not be at liberty to cancel its existing order. The cancellation charges by follows:

9.3.1. Delivery Scheduled greater than 48 Hours - No Cancellation charges. The security amount will be returned within 15 working days.

9.3.2. Delivery Scheduled less than 48 Hours - The delivery charges+ convenience fee will be deducted from the interest free refundable security deposit. The balance of the interest free refundable security deposit and the rental amount will be returned within 15 working days.

10. INSPECTION OF THE SOLUTION(S):

10.1. The Subscriber(s) undertakes to use and operate the solution(s) in accordance with the guidelines laid down in the manufacturer’s manuals or instructions, if any, in so far as applicable by a prudent and duly qualified personne

10.2. The Product Supplier(s) undertakes to be responsible inspecting the solution(s) in a time-to-time manner ensuring that the solution(s) is functioning as per industry standards.

10.3. The Product Supplier(s) agrees to send its designated representative(s) on the request of the Company to inspect the solution(s) provided by it to the Subscriber(s) premise

10.4. The Subscriber(s) undertakes to allow the Product Supplier(s) or its designated representative(s) to inspect the various components constituting the solution(s) or part thereof having provided that 2 days advance notice, either through phone or email as requested by the Company.

10.5. The Subscriber(s) undertakes the duty to provide reasonable access to their premises to enable the Product Supplier(s) or its designated representative(s) to carry out the inspection and/or service and maintenance on the solution(s) or any part of it thereof.

10.6. In cases of maintenance of electrical solution(s)such as electronics or any other solution(s) of fitness etc., the maintenance shall be the duty of the Product Supplier(s) for the entirety of the lease period. This however shall not include or cover any damages or breakdowns due to mishandling by the Subscriber(s).

11. AMENDMEN

11.1. The Company shall reserve its rights to alter or make any changes it shall feel necessary at any time to the Leasing terms which shall be made electronically intimated by the Company by making necessary announcements on the Platform.

11.2. The Product Supplier(s) agrees to allow the Company to reserve its rights to make amendments as may be necessary to these Leasing Terms, any modifications made to these Leasing Terms shall be made only by the Company and shall be communicated to the Product Supplier(s)

11.3. The Subscriber(s) undertakes to be bound by any amendments issued by the Company in reference to the covenants of these Leasing Terms.

12. WAIVER:

12.1. Any expressed or implied waiver by the Product Supplier(s) and the Company of any default shall not constitute a waiver of any other default by Subscriber(s) or a waiver of any of Product Supplier(s)'s right. The Subscriber(s)shall ensure that all original rights and powers of the Product Supplier(s) under these Leasing Terms will remain in full force, notwithstanding any neglect, forbearance or delay in the enforcement thereof, by the Subscriber(s) of these Leasing Terms shall not be deemed as waiver of any continuing or recurring breach by the Subscriber(s) of these Leasing Terms.

13. NOTICES:

13.1. Any demand, notice or other communication (hereinafter referred to as a “Notice”) to be given in connection with these Leasing Terms shall be in writing and shall be delivered personally or sent to the Parties through registered post or through email.

14. FORCE MAJEUR

14.1. The Company shall not be liable under these Leasing Terms if there is any delay in performance or other failure to perform its obligations under these Leasing Terms as a result of an event of Force Majeure.

14.2. For purposes of this Clause, "Force Majeure" means an event explicitly beyond the reasonable control of the Company and not involving the Company’s fault or negligence. Such events may include, acts of God or an act of armed rebellion of a public enemy

14.3. The Subscriber(s) agrees to continue to perform its obligations under these Leasing Terms as far as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

14.4. In such a case the time for performance shall be extended by a period (s) not less than the duration of such delay. If the duration of delay continues beyond a period of three months, the Parties shall hold consultations in an endeavour to find a solution to the problem.

15. INTELLECTUAL PROPERTY RIGHTS:

15.1. Notwithstanding anything contained hereinabove in these Leasing Terms:

15.1.1. The Company owns and controls all the copyright and other intellectual property rights of its Platform and the material on its Platform; and

15.1.2. all the copyright and other intellectual property rights in its Platform and the materials on its Platform are reserved.

15.2. The Product Supplier and the Subscriber(s) are granted a limited license only, subject to the restrictions provided in these Leasing Terms, for purposes of viewing the material contained on this Platform.

16. CONFIDENTIALITY:

16.1. No Party involved in any way in the creation, coordination or operation of any Dispute may disclose the existence, content or results of the dispute or any arbitration conducted under these Leasing Terms in relation to that dispute, and in each case, subject to those disclosures as required (No Publicity or Communication) and only to that extent as required to enforce the arbitration these Leasing Terms and / or any award made pursuant to these Leasing Terms.

17. DISPUTE, ARBITRATION AND JURISDICTION:

17.1. In the case of any dispute in arising out of, involving, or relating to, or in connection with these Leasing Terms as recorded in it, or in the interpretation of any provisions of these Leasing Terms, or the breach, termination, or invalidity hereof or thereof (“Dispute”), Parties shall attempt to first resolve such Dispute or claim through discussions. The Parties agree that if the Dispute cannot be resolved by mutual consent the following resolution procedure shall be used to settle the matter.

17.2. Arbitration: If the parties are unable to resolve their disputes by as contemplated above, then a Party shall be entitled to refer the Dispute to arbitration by a Sole Arbitrator. The arbitration shall be conducted in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in forc

17.3. Jurisdiction: Subject to the arbitration provisions referred to above, the ordinary courts of Gurugram, to the exclusion of all other courts in India, shall have the exclusive jurisdiction.

18. BINDING NATURE:

18.1. The Parties hereby represents and confirms that it has full and complete legal right, capacity, and authority to enter into these Leasing Terms and shall fulfil its thereunder; and as such these Leasing Terms contains a valid and binding obligation of such party and is enforceable against it in accordance with the applicable law

18.2. The Parties hereby further confirm that the terms of these Leasing Terms shall be made binding on their respective agents, representatives successors in interest and title, permitted assigns or anyone claiming through or under it

18.3. For the avoidance of doubt, each of the parties acknowledges and confirms that these Leasing Terms as recorded herein is fair and equitable and is irrevocable and implementation thereof is irreversible and they shall not dispute the validity of any action undertaken, pursuant to the execution of these Leasing Terms.

18.4. The Parties have voluntarily, without duress and through their own free will accepted and consented to the terms of these Leasing Terms which have been recorded hereinabove and are binding and irrevocable and have appended their signatures below in view thereof.

19. NO WARRANTIES:

19.1. These Leasing Terms are provided “as is,” with all faults, and the Company make no express or implied representations or warranties, of any kind related to this platform or the materials contained on this platform. Additionally, nothing contained on this platform shall be construed as providing consult or advice to either and or both the Product Supplier(s) and Subscriber(s).

20. LIMITATION OF LIABILITY:

20.1. The Company’s Platform may contain content published by third parties and the Company claims no responsibility qua the quality, quantity, safety or merchantability of the content. All services offered on this platform are on a “as is where is” basis.

20.2. In no event, shall the Company, nor any of its officers, directors and employees be liable towards any loss, damage or harm arising out of use of these Leasing Terms.

20.3. In no event shall the Company nor any of its officers, directors and employees, be liable to either and or both the Product Supplier(s) and Subscriber(s) for anything arising out of or in any way connected with your use of this platform, whether such liability is under contract, tort or otherwis

20.4. The Company including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to the use of this platform by either and or both the Product Supplier(s) and Subscriber(s).

20.5. In no event shall the Company, nor any of its officers, directors and employees, shall be liable or responsible, whether financially, legally or otherwise, for any transaction which may be executed by either and or both the Product Supplier(s) and Subscriber(s) with any third party on or through this platform.

21. INDEMNIFICATION:

21.1. Either and or both the Product Supplier(s) and Subscriber(s) hereby indemnify the Company to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Leasing Terms.

22. SEVERABILITY:

22.1. If any provision of these leasing Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Leasing Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

23. VARIATION OF TERMS:

23.1. The Company reserve all rights to revise these Leasing Terms at any time as it may deem necessary or fit and by using this platform either and or both the Product Supplier(s) and Subscriber(s) are expected to review these Leasing Terms on a regular basis to ensure that the parties understand all terms and conditions governing these Leasing Terms.

24. ENTIRE AGREEMENT:

24.1. These Leasing Terms, including any legal notices and disclaimers contained on this platform, constitute the entire agreement between the Product Supplier(s)and the Subscriber(s) in relation to their use of this platform, and supersede all prior agreements and understandings with respect to the same.