Additional Terms for Lending and Borrowing 

  

  1. Borrower is seeker in Onata terminology and lender is Provider. A borrower and lender are called as users in Onata system 
  2. The lender lists his appliances, play items, barbeque  items, tools, basement for parties, backyard for parties, swim pool for parties, calls as items 
  3. Lender can lend his items for rent specified by per hour basis or per day basis. Lender can charge rental fee per hour or day or he may lend free of cost 
  4. Borrowing and lending goes on between the Borrower and the Lender. The borrowing/lending contract is between the Borrower and the Lender (Your Contract) and the Lender may request that a specific contract is agreed – if the Lender wishes to do this, it must be made clear as part of the Listing and all terms must be stated in the Listing or in a link from the Listing. Your Contract should not put the Borrower or Lender in breach of these Onata terms. We are not a part of Your Contract. If the Borrower or Lender is in breach of Your Contract, then we are not liable legally. We don’t check Items. You must check the Items. 
  5. We don’t check the quality, safety or legality of Items or Listings. We require that members provide correct information, but we don’t check it ourselves. We are not responsible for the exact identity of the Lender and the Borrower or what goes on when you interact with one another. You agree to take reasonable precautions in all communications and interactions with other users of the Service whether online or offline. 
  6. Availability is shown against a Listing as controlled by the Lender. The Lender must block out days where the Item is reserved and has the option to block out other days when the Item is not available to be borrowed. Onata blocks out days where an Item is reserved through the Site. 
  7. If you want to borrow an Item for days where the Item is not listed as blocked out, you need to contact the Lender through the Site to make a reservation and pay the Borrowing Fee (to include any fees payable to us) and any Security Deposit. The other transactional terms remain the same as that we mentioned in general Terms of service 
  8. Late returns are charged normally charged.  
  9.  Borrower does not own the Item while they are borrowing it. Legal ownership (or title) does not change. As Borrower you hold the Item on behalf of the Lender (legally, this is called the bailee) and have no right to give anyone else any rights to the Item (such as through sale, assignment, sublet, lend, pledge, mortgage, let on hire, or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Item). 
  10. The contract between the borrower and lender is a direct contract and does not involve Onata. Both parties to this contract need to comply with all relevant legal requirements. We cannot advise you in detail about this – it varies depending upon the nature of the Item; how the Item might be used; whether the Item will be used in the workplace; how the Item is powered; the environment it will be used in – and many other factors. The Health and Safety Executive website can give some useful assistance. 
  11.  If you are lending as a trader to a borrower who is a consumer you should be aware of any responsibilities you may have under the Consumer Protection from Unfair Trading Regulations 2008, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015 as well as anything else. 
  12.        Using an Item 
          When you borrow an Item: 
  • Take care of it 
  • Keep it secure. 
  • Use it for its proper purpose 
  • Use it safely 
  • Use the correct voltage and power rating 
  • Use the correct fuel and replace any fuel you use (unless the Lender has agreed otherwise, they can charge for this) 
  • Keep and operate it in the appropriate environment; 
  • Don’t attach the Item to any land or building so as to cause the Item to become a permanent or immovable fixture on such land or building 
  • Don’t allow it to be taken out of your possession or control during any distress, execution or other legal process (the Borrower agrees to do their best to get the Item back if this happens) 
  • Don’t make changes to the Item 
  • If you damage or lose an Item while you are borrowing it then you are responsible to the Lender. We are not legally responsible for this.