Service Terms for Lending and Borrowing Services
Last Modified: 2/12/2018
These Service Terms for Lending and Borrowing Services (“Service Terms”) describe the lending and borrowing Services offered by Onata through the Site to enable Seekers (or “Borrowers”) to rent items or property from Providers (or “Lenders”) (e.g., borrow or lend a lawn mower or kitchen appliance or
rent out your backyard or swimming pool). These Service Terms are incorporated by reference and governed by the Terms of Service https://onata.com/legal/terms-of- services/ , which contains explanations of defined terms. If the Terms of Service are inconsistent with these Service Terms, these Service Terms will control.
1. Lenders may list the items and property that they want to rent out on the Site (“Items”). Lenders may choose to rent Items at a fee per hour or per day basis (“Borrowing Fee”), or they can choose to lend their items free of charge. Lenders may also choose to require Borrowers to sign a separate contract. If Lender requires a separate contract it must disclose this in its listing for the Item. For the avoidance of doubt, Onata is not a party to any contracts between Lenders
2. ONATA DOES NOT VET THE LENDERS OR BORROWERS, NOR DOES IT CHECK ITEMS POSTED ON THE SITE BY LENDERS, INCLUDING ANY CHECKS FOR QUALITY, SAFETY OR LEGALITY. ALL ITEMS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY ITEMS ARE STRICTLY BETWEEN LENDER AND BORROWER. ONATA PARTIES ARE NOT RESPONSIBLE FOR ANY OF THE ITEMS BORROWED THROUGH THE SITE, THE CONDITION THAT ITEMS ARE RETURNED IN (INCLUDING ANY DAMAGE TO THE ITEM), ANY LOST ITEMS, OR FOR THE CONDUCT OF OR INTERACTIONS BETWEEN LENDERS AND BORROWERS, WHETHER ONLINE OR OFFLINE, AND YOU HEREBY RELEASE ALL OF THE ONATA PARTIES FROM ANY LIABILITIES, CLAIMS, DEMANDS, SUITS, INJURIES, LOSS, HARM AND/OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED THERETO. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LENDING AND BORROWING SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
3. Availability of an Item is shown in the 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 will automatically block out days where an Item is reserved
through the Site.
4. If you want to borrow an Item, you need to contact the Lender through the Site to make a reservation and pay the Borrowing Fee and any applicable security deposit requested by Lender. Onata charges the Platform Fee (which is deducted from the Borrowing Fee) for any Item borrowed through the Site.
5. Late returns are not subject to a late fee, however they will be charged at the standard rate.
6. During the time an Item is being borrowed, legal ownership (or title) of the Item remains with the Lender. As Borrower you hold the Item on behalf of the Lender and have no right to give anyone else any rights to the Item (such as through sale, assignment, sublet, lend, pledge, or
7. You, as a Lender or Borrowers, represent, warrant and covenant that you comply (and will continue to comply) with all Applicable Laws relating to your renting or use of Items. Such Applicable Laws may vary depending upon the nature of the Item and how the Item might be used (e.g., whether the Item will be used in the workplace, how the Item is powered, the environment the Item will be used in).
8. Guidelines for Borrowing Items When you borrow an Item, you agree to:
· Take care of it;
· Keep it secure;
· Use it for its proper purpose;
· Use it safely;
· Use the correct voltage and power rating (if applicable)
· Use the correct fuel and replace any fuel you use (unless the Lender has agreed otherwise, they can charge for this) (if applicable);
· 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; and
· Comply with any other requirements of Lender, including those set forth in a contract between you and Lender.