TERMS AND CONDITIONS (Approved)
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING PRODUCTS OFFERED ON OUR SITE, SIGNING UP FOR THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT PLACE A REQUEST FOR SUBSCRIPTION OF MOJO WAIVER.
These terms and conditions are a legal agreement (this “ Agreement ”) between you (hereinafter referred to as “ Customer ”) and Edunetwork Private Limited (hereinafter referred to as “ Rentomojo ”), establishing terms and conditions under which the Customer will submit information to Rentomojo and shall be entitled to receive one-time benefit under the Rentomojo Damage Waiver plan ( hereinafter referred to as “ Mojo Waiver ”, details provided in Annexure I).
- The terms and conditions of this Agreement shall govern the services provided by Rentomojo under Mojo Waiver and the Person (the “ Customer ”) who has subscribed to Mojo Waiver from Rentomojo.
- The Customer hereby acknowledges that the Customer has read all terms and conditions of this Agreement and agrees to be bound by the terms and conditions mentioned in this Agreement.
- The Customer acknowledges, confirms and covenants, that the object of the Mojo Waiver provided by Rentomojo is not and shall not be deemed as an “insurance product” or Rentomojo is not and shall not be deemed as an “insurance company” or “insurer” as defined under Insurance Act, 1938 or any other law applicable.
- The Customer shall be able to avail the benefit of Mojo Waiver only once during the lease of the Product and only if the Customer has paid all outstanding dues towards Rentomojo, including the balance Fee of Mojo Waiver, and the Customer meets all obligations due towards Rentomojo, including the obligations arising from this Agreement.
- The tenure of Mojo Waiver shall commence from the date of delivery of the Product to the Customer and the benefits of Mojo Waiver shall cease at the exhaustion of receiving benefit under Mojo Waiver or termination/expiry of the lease of the Product, whichever is earlier.
- If after receiving one-time benefit under Mojo Waiver, the Customer wishes to renew Mojo Waiver till the termination/expiry of the lease of the Product, the Customer should place a separate request with the Customer Support team before the delivery of the repaired Product.
- The Customer shall not have any right to pause or defer or temporarily stop the tenure of Mojo Waiver.
- The Customer shall be liable to pay the fee (“Fee”) for availing the services under Mojo Waiver. The Fee shall be paid by the Customer on a monthly installment basis alongwith the monthly rental of the Product. In the event, Rentomojo does not receive the entire Fee, the Customer shall NOT be entitled to avail benefits under Mojo Waiver.
- Mojo Waiver gives waiver of 90% on the total cost of repair of the Product. 10% of the total cost of repair of the Product is required to be paid by the Customer before the delivery of the repaired Product to the Customer.
- The Fee paid by the Customer for subscribing to Mojo Waiver is non-refundable and non-transferable.
- The Fee paid for subscribing to Mojo Waiver is only for one Product. In the event, the Customer wishes to avail Mojo Waiver for any other product, the Customer shall place separate order for such product.
- The Fee paid by the Customer shall cover only one-time benefit under Mojo Waiver during the tenure the Product is leased from Rentomojo, post the exhaustion of one-time benefit under Mojo Waiver, if the Customer wishes to avail the benefit under Mojo Waiver for any further period, the Customer shall be liable to place separate order and pay additional amount prevailing during the time.
CLAIMS UNDER MOJO WAIVER
To place a request for availing the benefit under Mojo Waiver, the following steps should be followed:
- The Customer shall raise a request, either by requesting for repair through the Rentomojo app or m-site or website or by sending e-mail to firstname.lastname@example.org; and mentioning in the message or subject – Mojo Waiver_Order Id
- On the receipt of request from the Customer and after confirming that all outstanding and pending dues have been paid, including the balance Fee for Mojo Waiver which may or may not be immediately due, Rentomojo shall pick up the Product for which Mojo Waiver has been obtained and after repair, and after confirming that 10% of the cost of repair has been paid, shall return the Product to the Customer.
- During the time the Product is taken for repair by Rentomojo, the Customer shall be provided with a substitute basic product for temporary basis to the Customer. Once the Product is repaired, Rentomojo shall deliver the Product to the Customer and shall collect the temporary product provided to the Customer. Any temporary product provided to Customer shall not be covered under Mojo Waiver.
- Prior to handing over the Product to Rentomojo or its representatives, the Customer shall (if required) delete or take back up any data (including but not limited to contacts, images, audio, videos, files, software and passwords) stored on the Product. Rentomojo shall not be responsible for any loss of software programs, data or other information contained on the Product which was either not deleted by the Customer or was not possible to be deleted (prior to handing over the Product to Customer) from the Product.
- The Customer hereby agrees that, Rentomojo shall not be liable for any loss of data stored on the Product or any economic consequential damages including lost profits. The Customer shall be responsible for removing any sim card, memory card, accessories in the Product before submitting it to Rentomojo representative.
- In case the Product is beyond economical repair (i.e. the repair cost is equal to more than 80% of the current market price of the Product), the Customer shall not be entitled to claim the benefits under Mojo Waiver and the Customer shall be liable to pay the current market price of the Product.
- The claims that are covered under Mojo Waiver are provided as Annexure-1 of this Agreement.
RIGHTS OF RENTOMOJO
- Rentomojo shall have at its absolute discretion to reduce or include any benefits under the Mojo Waiver.
- Rentomojo shall have the right to accept or reject any claim under Mojo Waiver, if it does not confirm to the claim requirement.
- Rentomojo shall have the right to submit the Product to any service provider as it may deem fit for repair.
- Rentomojo shall have the right to delete any data or software of the Customer on Product.
- Rentomojo shall have the right to appoint third party vendors for collection, service or drop of the Product.
- Rentomojo shall have the right to change (increase or decrease) the Fee for availing Mojo Waiver, at its absolute discretion.
OBLIGATIONS OF CUSTOMER
- In event any Product is damaged for which the Customer has subscribed to Mojo Waiver, the Customer shall promptly notify to Rentomojo of such damage within 48 hours of such damage to the Product.
- Customer must clear all outstanding and pending dues prior to availing benefits of Mojo Waiver including, but not limited to, the balance Fee for Mojo Waiver which may or may not be immediately due.
- Customer cannot get the device self repaired and seek for refund of repair charges from Rentomojo
- Product should be used by the Customer who has placed the order, any claim under Mojo Waiver, arising from usage by any third party shall not be entitled to be covered under Mojo Waiver.
- The benefits under Mojo Waiver under this Agreement cannot be clubbed fully or partially with any other similar benefit provided elsewhere in any other agreement signed with Rentomojo.
The Customer hereby agrees to defend, indemnify and hold Rentomojo and its officers, directors, employees and subcontractors (Indemnified Party) harmless from any and all losses, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) incurred by Indemnified Party arising out of:
- Any wrongful act or omission of the Customer in relation to the availing Mojo Waiver;
- Any willful misconduct, gross negligence or fraud by the Customer;
- Any failure of the Customer to comply with the applicable law;
- Any breach of the representations, warranties, obligations and covenants of the Customer or a default of the Customer’s obligations; and
- Any third party claims arising out of the Customer’s use of the Mojo Waiver.
This indemnity will survive the termination of this Agreement is in addition to and not in substitution of the rights or remedies available to Rentomojo, either at law or in terms of this Agreement.
LIMITATION OF LIABILITY
- Rentomojo shall not be liable for any incidental, consequential, exemplary, special or indirect damages (including, but not limited to, loss of profits, revenues, data and/or use) to the Customer. The aggregate liability of Rentomojo to the Customer for any loss or claim shall not exceed the Fee paid by the Customer for subscribing to Mojo Waiver.
- Rentomojo will not incur any liability to the Customer on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement, if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without negligence of Rentomojo. Such events, occurrences, or causes will include, without limitation, acts of God, bandhs, riots, acts of war, natural disaster, fire and explosions, or any other events reasonably beyond the control of Rentomojo.
Rentomojo shall have the right to cancel/terminate this Agreement, in the following events:
- If the Customer fails to pay the Fee (all inclusive) on the date it is due.
- If the Customer is in violation of applicable law that is relevant to this Agreement.
- In case any information provided by the Customer is false or inaccurate information
- If the Product is not used in accordance to rental agreement
Rentomojo reserves the right to amend the terms of this Agreement and/or the features or pricing of the Mojo Waiver. Upon such amendment such terms will become applicable immediately and will be intimated to the Customer in due course. If the Customer does not accept the amendment of the terms of the Agreement or features, the Customer shall have the right to terminate the Agreement, however the revised Agreement and condition will be deemed as accepted by the Customer if he/she continues with the Agreement and does not provide notice to Rentomojo for termination of this Agreement, within 30 days from the date of receiving intimation from Rentomojo.
Any notices required to be served on Rentomojo, shall be sent in writing and must be either (a) delivered in person, (b) sent by registered mail, or (c) sent by courier, to the address provided below:
Edunetwork Private Limited
4th Floor, L-148, 5th Main
Sector 6, HSR Layout
Bangalore, Karnataka - 560102, India
GOVERNING LAW AND JURISDICTION
These terms and conditions of this Agreement shall be governed by and construed in accordance with the law of India and any legal discrepancy or disputes will be heard or proceed in the exclusive jurisdiction of the Indian courts at Bangalore, (Karnataka) India.
All disputes arising in connection with this Agreement shall be finally settled by arbitration pursuant to the rules of the Arbitration and Conciliation Act, 1996, by sole arbitrator appointed in accordance with the said Rules. The seat of arbitration shall be Bangalore. The language of the arbitration proceedings shall be English. The decision of the arbitrator shall be final and binding on the parties.
NO THIRD-PARTY BENEFIT
The Agreement is for the sole purpose of the arrangement between Rentomojo and Customer and nothing herein express or implied shall give or be construed to give to any person, other than the Parties herein, any legal or equitable rights hereunder.