Terms & Conditions
The domain name www.yopik.in (hereinafter referred to as "Website") is owned by Yopik Partners a partnership incorporated under the Indian Partnership Act, 1932 with its registered office at 77 Place Tower D-1116, 11th floor, Yemalur, Off Old Airport Road, Bangalore – 560037, India (hereinafter referred to as "Yopik Partners").
"We/we" or "Our/our" or "Us/us" or “Yopik Partners” or “Company” or “Lessor” refers to Yopik Partners and shall include its successors and assignees. “Website” or “Site” or “App” shall mean www.yopik.in and such other websites and mobile applications as may be developed by Yopik Partners from time to time. "You" or “Your” or “Yourself” or “User” or “Lessee” shall mean reference to the Prospect or Customer or his/her representative and any other user accessing the Site and/or registering on the site.
Violation of the Rental Agreement below including ‘Theft’ of the
product will invite Civil and Criminal action initiated by Yopik Partners
against the user including but not limited to filing a First Information Report
(“FIR”) with the police and pursuance of the case amongst other recourses and
damages that the Company can seek.
When you use the Website or send emails or other data, information
or communication to us, you agree and understand that you are communicating
with us through electronic records and you consent to receive communications
via electronic records from us periodically and as and when required. We may
communicate with you by email or by such other mode of communication,
electronic or otherwise.
REGISTERED USER AVAILABILITY
Use of the Website is available only to persons who can form
legally binding contracts under Indian Contract Act, 1872. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 including minors, un-discharged insolvents etc. are not eligible
to use the Website. If you are a minor i.e. under the age of 18 years, you
shall not register as a User on the site and shall not transact on the site. As
a minor if you wish to use or transact on the site, such use or
transaction may be made by your legal guardian or parents on the Website.
GENERAL CONDITIONS OF THIS RENTAL AGREEMENT
The parties to this agreement are the Lessor and the Lessee where Yopik
Partners is the Lessor & the user of the website is the Lessee. The terms
of this rental agreement (herein referred to as ‘Agreement’) constitute a
contract between the parties herein named. The Lessor provides the services of
providing products across multiple categories on rent for specific durations of
time whilst the Lessee hires these services at their own free will on payment
of a rental fee and/or security deposit to the Lessor on the following terms
and conditions which constitute this agreement.
NATURE OF SERVICES
i. www.yopik.in is an online platform for
renting of products, across categories, listed on the site (hereinafter
referred to as “Products”) which are offered by the Lessor and/or Vendors (as
defined herein below) on a rent basis for specific periods of time upon payment
of a Rental fee (hereinafter referred to as ‘Rental fee’ and a refundable security
deposit (hereinafter referred to as ‘Security deposit’) by the Lessee to the
ii. Upon completion of the registration process on the Website, the Lessee will be provided with a username and password, through which they can access and log into their account on the website (hereinafter referred to as “user account”). On the Website, the Lessee may browse/search Products they would like to rent and on them being available, add them to their shopping cart and on payment of the rental fee and/or security deposit place a rental order for the chosen products.
iii. The Lessee shall be responsible for maintaining the confidentiality of their username and password and shall be responsible for all activities that occur under their username and password.
iv. The Products listed on the Website for renting may be either listed by the Lessor or Third Party vendors (hereinafter referred to as ‘Vendors’). The Lessor may at it’s sole discretion allow vendors to list their own products on the Website for rental to other Users of the Website.
v. Transactions: In respect of the Products Rented on the Website, the Lessor charges a rental fee and a security deposit which shall be payable by the Lessee for undertaking a rental transaction. The rental fee shall be the total of the fee payable towards rental of a Product for a specific period of time, applicable taxes and logistics charges.
vii. The Lessor reserves the right to not provide any of its Services to the Lessee. Services may be denied for any reason including but not limited to credit risk, breakage risk, etc and the Lessor may deny its Services without providing any explanation for the same.
This Agreement shall commence on either a. the date of the order placed by the Lessee for the specific products which are contained in the order and billed to the Lessee or b.) on the Lessee giving the Lessor any deposit as part of any membership programme offered by the Lessor. This Agreement shall remain in full force and effect until a. the Lessor refunds all refundable deposits (defined below) that it holds of the Lessee and b. the Lessor has no outstanding payments to be received from the Lessee for any invoices that it has issued to the Lessee.
In addition to the rental fee payable by the Lessee for renting out products, the Lessee shall pay the security deposit and/or a refundable membership deposit for any Members Club floated by the Lessor (herein referred to as ‘Membership Deposit’ and together with ‘Security Deposit’ herein referred to as ‘Refundable Deposits’). These Refundable Deposits shall not carry any interest for the entire tenure for which they are held by the Lessor. In case any damages are found to the product (as per the Damage policy of the company as displayed on the website), including non-return of the product or any of its items, the Lessor shall have the right to deduct the monetary value of such damages, as assessed solely by the Lessor, from the Refundable Deposits given by the Lessee. If the assessed damage is greater than the Refundable Deposits of the Lessee held by the Lessor, the Lessor shall issue a final bill to the Lessee for payment of such excess amount which needs to paid to the designated bank account of the Lessor (mentioned in the final bill) within 7 days of submission of such a bill to the registered email id of the Lessee.
On receipt of the order, the rental fee and the Refundable Deposits, the Lessor shall confirm the order to the Lessee by sending a confirmation to the registered e-mail address of the Lessee.
The order raised by the Lessee shall be further processed subject to successful verification of the KYC of the Lessee and serviceability of the delivery location of that order by the Lessor. In case the KYC verification is not successful, or the location is not serviceable by the Lessor, the Lessor reserves the right to reject the Lessee’s order any time prior to the delivery date and start time of that order.
In the event, any product selected by the Lessee is unavailable, the Lessor shall inform the same to the Lessee and offer alternative products for rental in lieu of the payments made by the Lessee for the original product. The Lessee has the option to either accept or deny such alternative products. In case the Lessee denies accepting an alternative product, the Lessor shall refund the Rental fee and security deposit to the Lessee and cancel the order. The Lessor will not be responsible for any loss, damages, consequential or inconsequential in nature caused to the Lessee due to the cancellation of any order for any reason.
For confirmed orders of the Lessee, the Lessor shall deliver and pickup the Products from the specified delivery address mentioned in the order. The cost of the delivery shall be borne by the Lessor but it is herein clarified that this delivery, pickup service will be offered only once for every order. If the delivery or pick up needs to happen a further time it will be chargeable at Rs. 50 for each trip. The Lessors delivery team will wait for a maximum of 15 mins for the Lessee or their representative for either accepting the product at time of delivery or returning the product post the rental period as the case may be, post which they will be free to leave and would have fulfilled the Lessors obligation to deliver/pickup the product rented by the Lessee. The Lessee shall be present at the location at the time of delivery at the start time and the end time of the rental or any other alternate time as mutually agreed between the Lessor and the Lessee. In case the Lessee is unavailable at the agreed time, the Lessee agrees to have their immediate family members accept delivery or return the product as the case may be, on the Lessee’s behalf. If the immediate family members are not available the Lessee will need to appoint a representative for taking delivery or returning the product on their behalf and the same shall be communicated in writing by sms/ watsapp to customer helpline no. of the Lessor prior to the delivery or pickup time of the product.
ACCEPTANCE OF DELIVERY
At the time of delivery the Lessee or their representative shall inspect the physical condition and ensure that the Products are working and in usable condition prior to accepting delivery of the Products. For the physical condition of the products, photographs of the products will be clicked by the Lessor’s delivery associate and any damage present will be noted by the delivery associate. The Lessee agrees to satisfy themselves that the product at time of delivery is in the condition as recorded by the delivery associate in the delivery app. The Lessee will provide a photo-id of themselves to identify themselves. The picture of the photo-id and the electronic signature given by the Lessee at time of delivery will serve as confirmation of the Lessee to the condition of the product recorded in the delivery app.
PICK UP OF PRODUCT
At the time of pick-up of the product our delivery associate will physically inspect the product, take product pictures and note down comments which will serve as proof of the physical condition of product at the time of pick-up. By signing the delivery form electronically at the time of pick-up of the product the Lessee agrees to have returned the product in the physical condition as captured in the delivery form. The working condition of the product will be checked on return of the product to the company’s warehouse. The Lessee specifically agrees to the working condition being checked at a later time than the pick-up time and in their absence. Further the Lessee agrees to accept the Lessor’s assessment of the product with respect to the working condition and physical condition of the product as final.
OWNERSHIP OF PRODUCTS, LICENSE TO USE
The Product provided for Rent, is, and shall at all times be and remain the sole and exclusive property of the Lessor or the Vendors; as the case may be and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this document. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Lessee. The Lessee shall give immediate notice to the Lessor if any of the Products are about to become liable or are threatened with seizure and the Lessee shall indemnify the Lessor against all loss and damages caused by such action against its Products.
Based on the condition of the product as
evidenced by the product photos taken at time of delivery and the working
condition of the product as ascertained by the physical examination of the
product on return, the Lessor will ascertain the extent of damage and repairs
(hereinafter referred to as ‘repair cost’), if any, required to the product.
This repair cost will be communicated to the Lessee. Pls note the Lessor will
not be able to provide a breakup of the repair cost, just the total amount,
which will be final. The Lessor hereby clarifies that they are not concerned
with and will not entertain estimates from other service providers/ examine
other alternatives for repair of the products.
The following are the repairs and damage guidelines
which can vary case to case depending on the damage but assessment will be done basis these
guidelines and actuals. Pls note the Lessor will not be able to provide details
of the purchase price, procurement sources, depreciation policy or other
similar information for any of the products but will follow the below
guidelines as far as possible.
i) For normal wear and tear of the product which
is reasonable to assume for the period of rental by the Lessee, no charges are
ii) For any cosmetic damage not hampering the working of the product, actual repair costs or a maximum of 15% of the purchase price of the product (whichever is lower) will be charged.
iii) For any damages which hamper the functioning of the product, actual repair costs or the depreciated value of the product in the Lessors books will be charged (whichever is lower).
iv) For damages where the product is non-functional and/or render the product unusable the purchase price of the product will be charged.
v) For non-return of the product to the Lessor within 48 hours of the end of the rental period the same will be treated as ‘THEFT’ of the product. The Cost of Product or MRP (which is higher) + 30% penalty of this price will be charged to the Lessee. Delay in payment of this charge beyond 7 days of it being levied will attract a further penalty of Rs.100 per day till the payment is made.
Cancellations: If the rental booking is cancelled 48 hours prior to the delivery time of that order the Lessee will be eligible for a 50% refund of the paid rental fee and full security deposit (where applicable).
Returns and cancellations due to non-working condition of the
product during the rental period: If the product is not working, the Lessee is responsible
to notify the Lessor as soon as this comes to their attention. The Lessor will
attempt to resolve the problem and get the product to start and/or will send their
product associate to examine the item. If the product is not working (barring
due to any damage or actions caused at Lessee’s end) the Lessor will take the
product back and refund the rental payment and security deposit paid for that
item by the Lessee.
The Lessor will not be responsible for any loss, damage, suffering
or any consequences arising due to the non-working condition of any product.
Amendments to the order: If the number of days of rental are being
looked to increase, there is no amendment charge. If the product is available
for the further days that the Lessee seeks the Lessee can extend the rent
period on payment of the applicable additional rental fee.
If the number of days of rental are being looked to be shortened and if the request is received 48hrs prior to days looking to be shortened, 50% of the rental fee for the days being shortened will be refunded. The security deposit (where applicable) will be processed as per the normal procedure of the Lessor of receiving the product, ascertaining the return condition and accordingly refunding the security deposit.
If the number of days of rental are being looked to be shortened and if the request is within 48hrs of the start of the days being looked to be shortened, no rental fees will be refunded. The security deposit (where applicable) will be processed as per the normal procedure of the Lessor of receiving the product, ascertaining the return condition and accordingly refunding the security deposit.
The Lessee shall indemnify, defend and hold the Lessor and their Vendors harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to attorneys’ fees and costs) for any product damage or injury to any living being arising from the Product during the period that the Lessee has rented out the product and till such time that the product stays in the possession of the Lessee. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall the Lessor be liable for any direct, indirect, special, consequential or inconsequential loss or damage arising out of the Lessee’s use of the Product.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT THE LESSOR’S TOTAL LIABILITY TO THE LESSEE SHALL NOT EXCEED THE TOTAL AMOUNT OF THE REFUNDABLE DEPOSIT OF THE LESSEE HELD BY THE LESSOR.
DATA ON THE PRODUCT
Products returned by the Lessee to the Lessor go for servicing wherein all data on the product is deleted. The Lessor shall not be responsible for any loss of software programs, data or other information contained on the Product and any consequential damages due to this. The Lessee shall be responsible for deleting and backing up any data stored on the Product before returning the Product to the Lessor. The Lessee though shall be responsible for removing any sim card, memory card, accessories of the Product and non-return of the same at the end of the rental period.
The Lessee agrees that the Website, including but not limited to the scripts and software used to implement the Website, is owned by the Lessor. The Lessee expressly agrees and undertakes that they will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of this Agreement. The Lessee shall not use the name, trademarks or logos of Yopik, Yopik.in, Club Zest and Yopik Partners without the Lessor’s prior written consent. Nothing contained herein should be deemed to be an assignment or transfer of any intellectual property right in the Lessee’s favour.
TERMINATION OF THE LESSEE’S ACCOUNT
The Lessee may deactivate their account and discontinue use of the Lessors Services at any time. In order to deactivate your account, please write into email@example.com.
The Lessor may append or terminate the Lessee’s use of the for any other reason as determined by the Lessor at its sole discretion. If the Lessee or due to the Lessor terminating their account, the Lessor may delete or continue to use any content or other materials relating to the Lessee’s use of the Service, even after such deactivation and the Lessor will have no liability to the Lessee or any third party for doing so.
Even after deactivation of the Lessee’s account, the Lessee shall be liable to pay any and all pending dues in relation to the Service or Products ordered prior to termination/deactivation, including but not limited to rental fees and any charges levied on the Lessee.
The Lessee represents and warrant that if they are making any payments to the Lessor that
i. Any credit, debit, net banking, cheque or any other mode of transfer information supplied by the Lessee is true and complete
ii. Charges incurred by the Lessee will be honored by the Lessee’s credit card/debit card/banking company
iii. While availing the payment method/s available on the Website or App, the Lessor shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Lessee due to any actions pertaining to the payment undertaken/ attempted to be undertaken on the website including any payment issues arising out of the transaction, or decline of transaction for any other reasons.
iv. All payments made against the purchases/services from the Lessor shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Lessor will not facilitate a payment with respect to any other form of currency.
v. By making a payment, the Lessee has specifically authorized the Lessor and/or its service providers to collect, process, facilitate and remit payments. The Lessee understands, accepts and agrees that the payment facility provided by the Lessor is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website or App using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing this Payment Facility, the Lessor or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the payment.
vi. Transactions, Rental Fee, Refundable deposits and all commercial terms such as Delivery, Dispatch of Products and/or Services are as per principal to principal bipartite contractual obligations between the Lessor and the Lessee and the payment facility such as the payment gateways deployed on the Website is merely used to facilitate the completion of the Transaction. Use of the payment facility or incomplete transactions on the payment gateways shall not render the Lessor liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or warranty services or fraud as regards the products and /or services listed on the Website.
i. Host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which they do not have any right, is grossly harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, racially, ethnically objectionable or otherwise unlawful in any manner whatever
ii. Use or send any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the website or any computer resource of the Lessor;
iii. Use the Website to collect any personally identifiable information of any of the other users of the Website or any third parties (including account information, email addresses, etc.), whether for commercial purposes or otherwise.
iv. At any time indulge in any spamming.
v. Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
vi. Probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. They will not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by them, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than their own information, as provided for by the Website.
vii. Not make any negative, denigrating or defamatory statement(s) or comment(s) about the Lessor or the brand name or domain name used by the Lessor including the terms Yopik Partners, Yopik.in, Yopik, Club Zest or otherwise engage in any conduct or action that might tarnish the image or reputation of the website and the Lessor, tarnish or dilute any of their trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by them
ix. Pretend that they are, or that they represent, someone else, or impersonate any other individual or entity.
xii. Your conduct is subject to Internet regulations, policies and procedures and appropriate usage charges as charged by your service provider from time to time to you. The Company does not undertake or give any guarantee of connectivity or drop in links while you use the Website. You agree not to use or reference the Website for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
If the Lessee fails to observe, keep or perform any provisions of this Agreement, the Lessor shall have the right to exercise any one or more of the following remedies;
i. To seize any and all refundable deposits of the lessee which are with the lessor
ii. To immediately take possession of the Product which might be in the possession of the Lessee without notice or demand to the Lessee.
iii. To pursue Civil and Criminal action initiated against the Lessee amongst other recourses and damages that the Company can seek
iv. To sue for and recover all rents, and other payments, including lost rental income, damage charges then accrued or thereafter accruing
v. Hold the Lessee responsible and charge them for all legal fees and costs incurred by the Lessor in pursuance of any of the above remedies
vi. To pursue any other remedy at law or in equity
vii. Notwithstanding any repossession or any other action which the Lessor may take, the Lessee shall be and remain liable for full performance of all obligations to be performed by the Lessee under this Agreement. All of the Lessor’s remedies are cumulative, and may be exercised concurrently or separately.
Waiver: The failure of the Lessor at any time to require observance or performance by the Lessee of any of the provisions of this Agreement shall in no way affect the Lessor’s right to require such observance of performance at any time thereafter, nor shall the waiver by the Lessor of a breach of any provision hereof by the Lesseebe taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by the Lessor shall not be deemed to be a continuing waiver, but shall apply solely to the instances to which the waiver is directed.
Severability: Each and every obligation under this Agreement shall be treated as a separate obligation and shall be severally enforceable.
These Agreement shall be governed by the laws of India.
In the event of any dispute or difference between the Lessee and the Lessor arising out of or in any way relating to this Agreement, the same shall be referred to arbitration to be conducted by a sole arbitrator appointed by the Lessor. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Subject to the arbitration provisions above, the courts in Mumbai shall have exclusive jurisdiction in relation to this Agreement.
Pls contact us at firstname.lastname@example.org if you have any questions concerning this Agreement and Terms & Conditions of Use.