Terms and Conditions of Service
IMPORTANT: PLEASE READ THIS TERMS AND CONDITIONS OF SERVICE ( TERMS AND CONDITIONS ) CAREFULLY BEFORE USING WWW.GOZOMI.COM WEBSITE.
GoZomi ( www.gozomi.com ) website and related services are operated by GoZomi.com. Accessing or using any part of the Service constitutes acceptance of this legal agreement that you have read, understood, and agree to be bound by these Terms and Conditions. GoZomi (“We”/”Us”) may amend, update, modify, change, suspend, discontinue or cancel these Terms and Conditions temporarily or permanently at any time without any prior notification.
Subject to the terms and conditions of this agreement, GoZomi grants to you limited, non exclusive, non transferable license, without right to sub license, to use GoZomi in accordance with this agreement. GoZomi does not transfer the title GoZomi to you or using any services does not mean you owe or sale of any part of the website.
If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate by any means in the Services and remove GoZomi from all your electronic devices, phone(s) or similar devices, also return all the copies of GoZomi and related files, documentation etc by physically or mail. If anytime any user(s) found violating terms of services then the account of such user(s) will be suspended, restricted, blocked or terminated without any notification.
2. Website and Services
GoZomi is an online platform for rent of goods. GoZomi connects renters and sellers. User(s) can upload (List) goods they want to rent as well as modify, offer price for their uploaded goods making available for other users (Renters) who can browse listed goods as well as can rent (Lease) if required. Renter(s) and Seller(s) can chat or phone conversation and even can perform legal contracts for rental goods between them. GoZomi offers various payment options and membership plans. Only on satisfaction of the website and services, user may purchase various membership plans as per their requirement and exchange, buy or sale rental goods to/with other users. Renter(s) and Seller(s) are solely responsible for all interactions, renting any goods, payments, performing legal contracts between themselves or any other members or users.
Registration is free. To use GoZomi website or any services of the website, users must register themselves and must be of legal age in their applicable state / country and in no case user shall be less than eighteen (18) years old. Anyone interested to register, must provide correct information while registration and also must complete every line in their profile with accurate, current and complete information of their own as individual or organisation which they represent. User(s) shall be fully responsible for all use of their account. Users must maintain confidentiality of their password and other information related to their account.
4. Inspection and Use
You acknowledge and agree that you have the opportunity to personally inspect the rental goods, objects, item, space for safety and defectiveness and upon your full satisfaction, find it suitable for your needs. You further acknowledge that you understand the legal, lawful and proper use of the rental goods/ objects, items or spaces and return it to the seller when rent period is over and or when you agree discontinue using it. GoZomi is not responsible for any incidental or consequential damages caused by delay or otherwise. GoZomi does not screen users, nor does perform any investigation into user’s background or any of their representations or statements made to you or others. GoZomi do not represent or make any warranties of users/ members and the rental items/goods/objects, renters/ other users intended to use that it is free from defects. GoZomi also make no warranties as to the background and conduct of any user. It is considered and assumed to be your duty and responsibility to investigate the background of the person that you are involving with by any means and rent/ borrow rental items, goods, products, spaces at your own risk and responsibilities. In no event shall GoZomi be liable for cost and expenses if any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any user in connection with use of the website, including without limitation, pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other users, or other persons you encounter in connection with the website. You agree to take reasonable precautions in all interactions with other users, whether online or in person.
5. Use Restrictions
GoZomi shall be used for displaying rental of lawful goods and shall not be used for any unlawful purposes. You can use GoZomi website or application on all your devices which support it but should not be an illegal device.
It is strictly prohibited to use the Website for any purpose that is unlawful, illegal or in any manner which could damage, disable, overburden or impair the operation of the Website. GoZomi strictly prohibitive in use, display, uploads and post of any means of alcohol, tobacco, any narcotics, drugs, living things/animals, animal by products, wildlife products, low quality defective rental goods/items/equipments or spaces with poor facility and improper environment, medicines, medical equipments, personal or military as well as government security and defence leading equipments, credit cards, currency, gift cards, fireworks, misconduct/rent of Government documents, IDs, licenses, uniforms, human parts, Stolen property, travel tickets, membership tickets, club or any entertainment tickets, coupons, pornography, racial, vulgar, obscene, defamatory, libellous, abusive, hatred, discrimination or prejudice based on religion, cultural, threatening, harassing, offensive, human naked images and nudity, sexual orientation, including violation of right of any third party such as copyright, trademark, privacy, publicity or other personal or proprietary rights or any other content/activities which are considered as unlawful in the user’s (applicable) country or internationally. You are not authorized to upload files that contain malicious software, virus or programs, corrupted files, any similar software, which may damage the operation of the website or another computer, any software or other material protected by rights of privacy/publicity of others. You are also restricted to use or gain unauthorized access to data, accounts, hosts, scan or test the vulnerability of system, collect/copy any information or content of the website, attempt to interfere with the service or service of other user, mail-bombing, flooding, and attempting to deliberately overload the system(s) or networks of GoZomi.
6. User Responsibilities
You are solely responsible for what you upload, publish, communicate or rent to other user(s) on the website or any action taken by you, on behalves of you or from your account. You will not post or offer rental of any good(s)/item(s), space which are not a part of regular market commerce and which are not authorised under local, state, and federal laws. You agree to offer only those items, goods, objects, spaces and products which are owned by you and are a part regular legal market under the laws. You are not allowed to post any illegal, disturbing content and/or transfer, transmit any sexual manner to other user in the website. It is strictly prohibited any content that promotes racism, hatred, physical harm, any information that lead to exploitation of a person or the society, any instructional information of illegal activities, inaccurate / wrong information, abusive, threatening, obscene, defamatory or libelous. You will not modify or try to modify any content in the website including contents of other user and space. You will not involve in transmission of junk mail, chain letters, unsolicited mailing or spamming.
GoZomi reserves all rights to ban any user/member, delete or modify any content or all content, post, uploads that seem to be inappropriate or inconvenient with its sole discretion without any formal, informal, direct, indirect notice to anyone.
7. Representations and warranties
GoZomi makes no representation and no warranties in respect of this website as a whole or application or software including all images, audio files, all content therein, any other information, services and expressly excludes all other warranties of merchantability quality or fitness or expressed, implied, oral or written, including, without any limitation. GoZomi also clearly make no warranties of any displayed contents, rental item/goods/equipment/objects/space suitable for any user/member intended use, or that it is free from defects.
GoZomi is not a rental service provider. GoZomi is not providing any employment to any user nor it is an employment service. GoZomi is not appointing, creating any contractor, agency, partnership, joint venture, trust, employer employee, franchiser, franchisee or any dealership by this terms and conditions of service. GoZomi should be considered as a online platform to rent rental products of regular market place which are legal and lawful to the user’s country. GoZomi makes availability of a marketplace for sellers of rental product and renters to meet and arrange transactions. You agree that, GoZomi is not a part of any kind of Agreements between Renters and Sellers or any members of the website. We do not take any guarantee of rental products as well as users subject to quality, safety, truthfulness.
8. Copyright Restriction
Gozomi contains copyrighted materials, trade secrets and other proprietary material. You are strictly restricted and prohibited for any attempt to copy, modify, reverse, redistribute, disassemble or decompile any part of GoZomi. You can create any derivative works or other works that are based upon or derived from GoZomi in whole or in part. You do not acquire ownership right to any content, document or other materials that can be viewed through GoZomi.
GoZomi’s name, logo, graphics, content, text file that represents GoZomi shall not be used, copied, modified and redistributed in any way for any purpose. GoZomi retains sole and exclusive ownership of all right, title and interest in and to GoZomi and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of GoZomi, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program.
GoZomi reserves all right on sole discretion to edit or delete any document, content, images, information or any other part of the website. Trademarks mentioned in the website are the trademarks of GoZomi and GoZomi All reserves all rights.
GoZomi makes no warranties in respect of this website as a whole or application or software including all images, audio files, all content therein, any other information, services and expressly excludes all other warranties of merchantability quality or fitness or expressed, implied, oral or written, including, without any limitation. GoZomi also clearly disclaims warranties of any displayed contents, rental product suitable for any user intended use, or that it is free from defects. This Disclaimer concerns all files generated and edited by GoZomi as well.
10. Rights and Obligations
Renter/Borrower Here “Renter/ Borrower” (Not GoZomi) means a person who is a registered member of the website and interested/wishes to apply or send reservation request to Seller (Not GoZomi) who holds sole ownership of rental product/goods/item/object/space, listed/uploaded by the seller in this website. Renter can send messages, chat, can do voice conversation, arrange appointment or meet each others. Renter also has the right to inspect rental products and can accept or cancel depending upon their satisfaction to meet up their goals of quality and condition of the rental product. Renter must be above 18 years of age and have all the necessary documents like to prove him/ her age, recent colored passport photo, Driving License (wherever necessary), Govt. ID Card or College/ Institution/ Organization/ Employment Company’s ID Card, Voter Card, Proof of Address, or any other documents which seller may ask for. Renter should have chat/ message conversation and confirm availability of the seller and rental product before making any payment/ reservation/ booking request. It is recommended to make payment only through this website as to be more safe, secure and pay the rent amount for the exact time and date you are renting for.
Sellers are free to accept or deny any rental/reservation/booking request. Sellers are fully responsible for honoring renter’s reservation request and confirmed bookings. They are also full responsible for deleting, modifying or making availability of all listings, contents uploaded by them. Seller can impose terms, rules and restrictions to the renters associated with his/her rental products. Seller should collect documents like age proof to prove him/her above 18 years of age, recent colored passport photo, Driving License (wherever necessary), Govt. ID Card or College/ Institution/ Organization/ Employment Company’s ID Card, Voter Card, Proof of Address, or any other necessary documents that may be required. It is recommended to receive payment through this website as to be more safe and secure.
Both renter and seller can amend mutually agreed Rental agreement applicable to among them only. In no event GoZomi is not liable for any such agreement(s) or any offer made by either renter or seller. GoZomi is also not responsible for the quality or the condition of the rental products and/or any damages, accidents, miss bookings, wrong bookings, double bookings. Renter is responsible to return rental products in good condition and in time when rent period is over without any delay. However GoZomi do not hold any liability for damages or late return of rental product(s) by the renter.
11. Damages and Claims
Seller/ You acknowledge and agree that you are not allowed to charge extra commission by any means to the renter. Damage claims for rental products are not counted as extra commission. If any such improper manner is found then renter should immediately inform to GoZomi team via e mail.
Seller/ You acknowledge and agree that you will provide clean, damage free, quality rental product which is in good condition to the Renter/buyer.
Renter/ Buyer, you agree and accept that you are responsible to inspect personally the quality of the rental goods, objects, item, space for safety and defectiveness and upon your full satisfaction, find it suitable for your needs. You further acknowledge that you understand the legal, lawful and proper use of the rental goods/ objects, items or spaces and return it to the seller when rent period is over and or when you agree discontinue using it.
Renter/ You agree and accept that you are responsible to return rental products in good condition and in time when rent period is over without any delay.
Both Seller and Renter should confirm that everything they are renting is returned in good condition.
You acknowledge and accept that, in our daily life when any goods are used in regular basis after certain period of time, it never remains the same as it was while buying. Even if it is used with lots of care still it never remain as brand new and some minor damages or wear and tear takes place. Therefore, while using any rental item minor wear and tear may takes place. Seller/you agree and accept such minor wear and tear and shall not make any damage claim to the renter for such minor wear and tear.
In case of damages which are not minor, products will undergo further inspection to ascertain the damage cost. This damage cost will then be charged by the seller to the renter and renter/you agree to pay the amount immediately without any delay.
You agree not to create any scene, do unlawful activity or make any fraudulent claims of damages of rental items that may harm either of renters/seller’s dignity and respect or degrade the dignity of GoZomi.
You agree and accept that GoZomi is also not responsible for the quality or the condition of the rental products and/or any damages, accidents, miss bookings, wrong bookings, double bookings. In no event shall GoZomi be liable for late return of rental product(s) by the renter or for cost and expenses if any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any user in connection with use of the website, including without limitation, pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other users, or other persons you encounter in connection with the website. You agree to take reasonable precautions in all interactions with other users, whether online or in person.
You acknowledge and agree that GoZomi reserves all rights to fine, ban any user/member, delete or modify any content or all content, post, uploads that seem to be inappropriate or inconvenient with its sole discretion without any formal, informal, direct, indirect notice to anyone and may even take necessary legal disciplinary actions if found violating this terms and conditions of services.
12. Rules for Rent House or Room
Seller/ You acknowledge and agree that in case of rent house or room, you confirm that no camera/ hidden camera is installed in the house or bed room, guest room, bath room, or any area which may be uncomfortable to renter and may violate privacy of renter/buyer/guest. Seller/ You agree not to harass the renter by doing any misconduct, any lawful activities. Renter/ Seller/ You should immediately inform to GoZomi via e mail if found any such things/ activities around them.
However, camera can be installed only at outside of the house at main door, balcony or any other places which can be a help for security purposes without affecting privacy of the renters/ other members of the house
Renter/ you also acknowledge and agree that you/ your guest will not beak or damage any household goods or do any unlawful, illegal activity in the room, house, home they have rented or within the compound of the rented house, home, room. Renters/Guests are not allowed to drink alcoholic liquor, any narcotics or any activity that can be harassing, abusive to the owner or other members of the house/room. They should not make noise, play loud music, smoke inside the room, home, house unless and until they receive a written permission from the owner (Seller). Renters/Guests are not allowed to walk naked/ nude, dress that may be offensive to other members of the house/room, do any abusive activity inside or within the boundary of the rented home, house. They are also not allowed to wear any improper dress (too short or any dress which are transparent and visible to actual skin and private body parts) which may be harassing or abusive to others.
You agree not to create any scene, do unlawful activity or make any fraudulent claims of damages of rental items that may harm either of renters/seller’s dignity and respect or degrade the dignity of GoZomi.
You acknowledge and agree that GoZomi is not liable and responsible for any misconduct any damages, accidents, miss bookings, wrong bookings, double bookings GoZomi reserves all rights to fine, ban any user/member, delete or modify any content with its sole discretion without any formal, informal, direct, indirect notice to anyone and may even take necessary legal disciplinary actions if found violating this terms and conditions of services.
GoZomi do not offer/sell any Insurance policy. GoZomi recommends that sellers should consult their insurance expert and obtain appropriate insurance to insure their rental products. It is also highly recommended to read carefully all terms and rules carefully before applying and buying any insurance policy.
Renters, including you acknowledge and agree to take the responsibility to insure rental products and handle the rental product with care for the period of use. Renter is liable to repair or replacement of rental products/full replacement value if there is any lost or damages even if there is condition of anything outside of the renter’s control such as flood, fire, earthquake, natural calamities, war or theft.
GoZomi recommends that, Renters and Sellers should take each other’s photograph and photocopy of prior to their proof of identity and proof of address, when they meet each other for the exchange of rental products.
14. Pricing Policy and Payment
You will provide us with valid and updated debit/ credit card, bank account information or with a valid purchase order or alternate document reasonably acceptable to us. You must pay in the currency in which the product price is quoted or selected. If you do not hold an account in the relevant currency then your debit/ credit card company should exchange the amount charged to currency of your country at their current rate. If you provide debit/credit card information to us, you authorize us to charge such debit/ credit card for all purchased subscription, renewal subscription, rental product price/ charges, late fees and overdue charges.
Registration Fee – Registration to the GoZomi website is free.All payments are made through the GoZomi services are processed by Pay U Money. However, Listing Fee and Premium Listing Fee payments are not refundable. Pay U Money may charge additional charges apart from the fees mentioned below.
Listing Fee – GoZomi offers various listing fees. Seller (Owner of rental products) is required to pay nominal fee for listing of their rental products. We offer a free plan, that is, zero amounts for the first 07 listings and post first 07 listings seller needs to pay fees as per various plans displayed on GoZomi.
Premium Listing Fee- Premium Listing plans are not compulsory for the users. It depends on the seller (owner of the rental product), if he /she wants to apply for premium listing plans. GoZomi offers various premium listing plans such as Bronze, Silver, Gold, Diamond (See details in the Home page or User’s Dashboard) etc. However, there are also promotion plans. These promotions are as follows;
• Bump Up Ad – This will update creation date while expire time remains and can be used only once per ad.
• Highlight Ad – This will make your ad stand out in listing.
• Top Ad – Make your ad among best positions of listing as well as in it’s regular listing position.
• Urgent Ad – Display urgent ribbon on ad box.
Renter Service Fee – Currently there is 8% fee of the amount of rental product plus 18% of the said 8% of the amount of rental product which all together are added to the total amount of the rental product and paid by the renter upon checkout.
If by mistake or for any reason, renter makes double order for the same rental item, then on request the amount which is still not approved by the renter is only refunded back towards his/her bank account/debit card/ credit card after deduction of bank changes, payment gateway charges and processing fees or any other charges if applicable are deducted from the amount.
Rental Fee – Rental fees are set by the seller (Owner of the rental product). Renter authorizes GoZomi to charge the debit card/ credit card on an amount equal to the fees and payments due under the rental agreement. The renter must also pay other charges due upon return of rental product including taxes if applicable.
Late Fee – If the renter fails to return the rental product to the owner of the rental product in agreed time, an additional fee of ₹200 per day (number of days are counted as from 12 a.m. of this day to 12 a.m. of next day as one day) will be charged to the renter. Seller may impose additional charges to the renter as per valid agreement between them if there is any. Renter is fully responsible to pay the late fee within 30 days from the end date of rental period without any delay failing which may be considered as harassing the rental product owner and necessary disciplinary action may be taken under government laws against the renter.However, first two days of late fee are waived and not charged depending on the renter’s request and valid reason for late return. Payment should be made online through website’s secured third party payment gateway system.
Security Deposit – Currently we do not ask for any security deposit for any rental product. However, if a seller (Owner of rental product) request you an amount for security deposit, the renter is fully responsible for providing such security deposit to the seller and also the seller (Owner of the rental product) is fully responsible for returning the security deposit to the renter. In no case GoZomi will be responsible or liable for any such act. Both the Seller and the Renter will negotiate to find a solution to adjust the cost between themselves and free GoZomi from any liability/responsibility that may arise in connection to this. You as a renter acknowledge and agree to pay amount for the product you want to rent to the seller posted by the seller including requisite fee to GoZomi for facilitating the service and also fee to PayUMoney for transacting the payment process.
GoZomi do not guarantee or warranty that a product will be in good quality and condition and always be available. You are responsible for providing complete and accurate billing and contact information to us and notify us of any changes to such information.
GoZomi reserves full right to change the prices, fees of services, price of products at any time, impose additional fees, charge or change of any content in the website without any prior notice and may charge accordingly. GoZomi also reserves the right to deactivate your access to services, block or delete your account from the website at any time for failure to pay applicable fees as described in this terms and conditions of service.
You will indemnify, hold harmless, and defend GoZomi, it’s Owners, directors, employees, suppliers, licensors, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use and access of GoZomi.
In no event (including, without limitation, in the event of negligence) will GoZomi, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Terms of conditions of service, GoZomi or the use or inability to use GoZomi or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
GoZomi’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the website, application (maximum being the lesser of the amount paid by you and the suggested retail price as listed by GoZomi) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to GoZomi.
17. Disputes and Arbitration
You acknowledge that GoZomi is not responsible for any dispute resolution. Any dispute arising between GoZomi and renter (user/buyer/borrower) and/or the seller (Sole owner of rental goods/objects/product/items/space) has to be settled amicably by direct informal negotiation and after 30 days from commencement of such negotiation if the dispute is not settled amicably then dispute shall be referred to and finally resolved by Arbitration. In such cases, the same shall be referred for arbitration to a Sole Arbitrator who will be appointed in accordance with the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted at Guwahati and the decision of the Arbitrator shall be final and binding on both Renter and Seller. The arbitration expenses will be born equally. The arbitration of the proceedings shall be conducted in English language. In case, the Arbitration Award is challenged by any of the party, courts at Guwahati only shall have exclusive jurisdiction over the matter.
You acknowledge and agree that, access and use of any service of the website will be considered as your acceptance of this terms and conditions of service of this website. And all laws, rules and regulations, civil responsibilities, shall be governed by the laws of Republic of India. All claims, differences and disputes, arising out of or in relation to this terms and conditions of service, including if any agreements, contracts and transactions made under this “terms and conditions of service”, or with reference to anything incidental thereto or in pursuance thereof or relating to validity, interpretation, fulfillment or the rights, obligations and liabilities thereto and including any question of whether such dealings, transactions, contracts have been entered into or not, shall be subject to exclusive jurisdiction of the courts of Guwahati only.
You acknowledge and agree that if you are not bound by the “terms and conditions” and violate any part of this “terms and conditions”, you are automatically terminated with immediately effect from all your access and use of our services. GoZomi reserves all rights to terminate any user including all his access and use of service immediately at any time, for any reason. You also agree that after termination of your access and use of service, you will return or destroy all copies that you have related to GoZomi under this “Terms and Conditions”. If there is any ongoing rental agreement between the renter and seller, the agreement shall be terminated by a notice to the either of the party by the other, whosoever is applicable in this case with a receipt of return of rental product in satisfactory condition by the seller to the renter.