1.1 These Terms apply to your use of Livlyt. You should read these terms carefully before registering an account or using the services and determine whether the terms and services are appropriate to you given your personal or financial circumstances. You should print a copy of these terms for your records
a. you accept and agree to be bound by these Terms; and
b. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree with these terms, or the terms and services are not appropriate given your personal or financial circumstances, you should cease use of the services immediately and request the closure of your account
2.1 We reserve the right to change these terms at any time without notice to you by updating the app and our website to incorporate any new or amended terms. Any amendments to the terms will not alter the terms applicable to any purchase made using our services prior to the publication date of any new or amended terms unless we give you prior written notice. You are responsible for regularly reviewing information posted on our app or website to obtain timely notice of amendments to these terms. Your continued use of the services after amendments to these terms are published constitutes your acceptance of the amended terms
2.2 We may change, suspend, discontinue, or restrict access to, Livlyt without notice or liability. These terms were last updated on 25th May, 2022
3.1 In these Terms:
Livlyt : means LivLyt FZ-LLC, registered in Dubai, UAE, and operator/owner of www.livlyt.com
Content: means content, data, and information (including personal information) that is owned, held, used or created by you or on your behalf, and that is then stored, transmitted via, input into or displayed via Livlyt including, all content, data and information uploaded into Livlyt when you create a Rental Listing or Purchase Option.
Customer: means a verified Livlyt user that submits Rental Requests or rents Goods via Livlyt.
Goods: means the goods set out in a Rental Listing or Purchase Option.
Intellectual Property Rights: includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning and includes any enhancement, modification or derivative work of the Intellectual Property.
Listing Requirements: means that the Goods are:
1) Consumer electronics;
2) New or like-new;
3) Of merchantability quality and fit for the purposes for which goods of the type in question are commonly supplied or for which the Merchant represents they are or will be fit;
4) Safe and not toxic, polluted, contaminated, damp, mouldy, rotten or infested with parasites; and
5) Not illegal or stolen.
Loss: includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.
Merchant: means Livlyt FZ LLC, which has listed Goods for rental to Livlyt users.
Minimum Term: means the minimum rental term selected by the Customer when submitting a Rental Request.
Objectionable: includes being objectionable, defamatory, obscene, harassing, threatening or unlawful, in any way.
Payment Manager: means the payment provider we use in connection with Livlyt, currently Stripe: https://stripe.com/about.
Payment Method: means the payment method the Customer has selected on Livlyt to pay the Rental Fee and/or Purchase Price i.e. credit or debit card.
Personal information: means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.
Profile: means the publicly accessible profile of a Livlyt user which displays with ticks whether their name, date of birth, emirates id, address and a mobile number has been verified by us.
Purchase Option: means an advertisement or post via Livlyt offering Goods for rental and/or purchase.
Purchase Price: means the purchase amount for the Goods set out in a Purchase Option.
Purchase Request: this means a request by the Customer to purchase the Goods set out in a Purchase Option.
Rental Agreement: means an agreement directly between a Merchant and a Customer to rent Goods on the terms set out in the Schedule, unless otherwise agreed between the Merchant and Customer in writing.
Rental Fee: means the rental amount for Goods set out in a Rental Listing, including any fee the Customer agrees to pay in connection with the delivery of the Goods to, or collection of the Goods from, the Customer (if any).
Rental Listing means an advertisement or post via Livlyt offering Goods for rental.
Rental Request: this means a request by a Customer to rent the Goods set out in a Rental Listing.
Tax: means goods and services tax, sales tax, value-added tax or equivalent tax payable under any applicable law.
Terms: means these terms and conditions titled Livlyt Terms and Conditions.
Transaction: means a transaction between Livlyt users to rent Goods or purchase Goods, including any Rental Agreement or the sale or purchase of any Goods pursuant to a Purchase Option.
Underlying Systems: means the IT solutions, systems and networks (including software and hardware) used to provide Livlyt, including any third-party solutions, systems and networks.
User ID: means a unique name and/or password allocated to you to allow you to access Livlyt.
Verification Tick: this means a tick on the Livlyt user’s Profile to show they are verified.
We, us or our: means LivLyt FZ LLC., Trade license 99788, a company incorporated in UAE, with registered office at premises No.: HD26A, Floor: 1, Building: In5 Tech, Dubai, United Arab Emirates
You: means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
3.2 In these Terms:
1) clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
2) words in the singular include the plural and vice versa; and
3) a reference to:
1) a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity;
2) including and similar words do not imply any limit; an
3) a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
4.1 Livlyt is an e-commerce platform, offering monthly rentals on tech products. Livlyt enables users to rent and/or subsequently purchase tech products at a low cost.
4.2 We will use reasonable efforts to provide Livlyt in accordance with these Terms and UAE law.
4.3 Our provision of Livlyt to you is non-exclusive. Nothing in these Terms prevents us from providing Livlyt to any other person.
4.4 Subject to clause 4.5, we will use reasonable efforts to ensure Livlyt is available on a 24/7 basis. However, it is possible that on occasion Livlyt may be unavailable to permit maintenance or other development activity to take place, or due to an event that is beyond our reasonable control.
4.5 Through the use of web services and APIs, Livlyt may interact with a range of third party service features. We do not make any warranty or representation on the availability or performance of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
5.1 You must:
1) use Livlyt in accordance with these Terms solely for lawful purposes (including complying with any applicable law regulating unsolicited electronic messages); and
2) not resell Livlyt or make Livlyt available to any third party, or otherwise commercially exploit Livlyt.
5.2 To register with Livlyt, you are required to comply with the following conditions:
1) you are living in the UAE and have a permanent residential address;
2) you are 18 years of age or older;
3) you have an active email account registered in your name;
4) you have an active mobile phone number registered in your name;
5) you have provided all your information and documentation requested by us; and
6) you declare that any payment obligations arising from your purchase will be met by you pursuant to the payment terms agreed at the time of purchase
7) You authorize Livlyt to perform a credit check on you and/or to confirm your identity with the Credit Bureau authority
5.3 When you create a user account to rent Goods on Livlyt, we must verify your identity. To verify your identity, you must supply your first name, last name, mobile number, date of birth, emirates id, trade license (for company accounts), country, address, suburb, city and postcode for the purposes of verification.
5.4 The information supplied under clause 5.3 will not be visible on Livlyt, and can only be viewed and updated by you on your personal dashboard. If we successfully verify your identity, Livlyt will display Verification Ticks on your Profile.
5.6 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
5.7 You must keep your User ID secure and:
1) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
2) immediately notify us if you become aware of any unauthorised use or disclosure of your User ID, by sending an email to [email protected].
5.8 When accessing and using Livlyt, you must:
1) not impersonate another person or misrepresent authorisation to act on behalf of others or us;
2) not attempt to undermine the security or integrity of the Underlying Systems;
3) not use, or misuse, Livlyt in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Livlyt;
4) not attempt to view, access or copy any material or data other than:
1) that which you are authorised to access; and
2) to the extent necessary for you to use Livlyt in accordance with these Terms;
5) neither use Livlyt, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading; and
6) unless with our agreement, access Livlyt via standard browsers and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction, monitoring or input method.
5.9 You are responsible for procuring all licences, authorisations and consents required for you to access and use Livlyt, including to use, store and input Content into, and display Content using, Livlyt.
5.10 You indemnify us against all Loss we suffer or incur as a direct or indirect result of:
1) any actual or alleged claim by a third party that any Content infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Content is Objectionable, incorrect or misleading;
2) your failure to comply with these Terms, including any failure of a person who accesses and uses Livlyt by using your User ID; or
3) any Loss arising from or in connection with any actual or alleged breach by you of any legal or regulatory requirements which occurs in connection with a Transaction or as a result of any other relationship established through Livlyt.
6.1 To be able to rent or purchase Goods on Livlyt, you must successfully complete the verification process described in clauses 5.2 to 5.5.
6.2 You acknowledge and agree that you are responsible for reading the full Rental Listing, including the Rental Agreement, or the full Purchase Option (as applicable) before submitting a Rental Request or Purchase Request.
6.3 When Livlyt accepts a Rental Request from you, a Rental Agreement is formed and we will charge the Rental Fee to your Payment Method.
6.4 When Livlyt accepts a Purchase Request from you, we will charge the Purchase Price to your Payment Method. Upon us collecting the Purchase Price from your Payment Method
1) all of the Merchant's rights, title and interest in the Goods will transfer to you such that you will become the owner of the Goods, free and clear of all liens, security interests, encumbrances and other conflicting rights provided that, if we are not the Merchant, we provide no warranty that this will be the case and accept no liability for any failure of the Merchant to comply with this;
2) the sale of the Goods to you will be deemed to be a sale of second-hand goods; and
3) you accept the Goods as-is, in their then-current condition.
6.5 By entering into a Rental Agreement with a Merchant and until such time as you purchase the Goods in accordance with clause 6.4 (if applicable), you warrant and represent that you will:
1) satisfy yourself that the Goods are suitable for your intended use;
2) take proper care of the Goods, including keeping the Goods safe and secure against loss, theft, damage or unauthorised use; and
3) not allow the Goods to be used by any person other than you, your employees or persons belonging to your household;
4) ensure that all persons who use the Goods:
1) use the Goods with due care and skill and in the manner they were designed to be used;
2) comply with all applicable laws and regulations; and
3) comply with all manufacturer's instructions and health and safety information provided with the Goods;
5) not use or allow the Goods to be used for any unlawful purpose;
6) if any Goods are damaged, faulty or break down, immediately cease using the relevant Goods and notify the Merchant;
7) if any Goods are lost or stolen, immediately notify the Merchant;
8) not remove, deface or obscure, and not allow any other person to remove, deface or obscure, any marks of identification or ownership or registration on the Goods;
9) keep the Goods in your possession or control and not attempt to sell, pledge, charge, hire out or otherwise deal with the Goods;
10) not do anything that would invalidate the Merchant's insurance;
11) unless you purchase the Goods in accordance with clause 6.4, return the Goods:
2) in the same order and condition (including with all packaging, manuals and accessories) as at the commencement of the rental (fair wear and tear excepted). In particular, you must remove password protections, links to personal accounts and/or any other lock that excludes or impairs the use of the Goods by a third party; and
3) in accordance with the arrangements set out in the Rental Listing or otherwise agreed with the Merchant; and
12) not assign or transfer the Rental Agreement.
7.1 Unless otherwise agreed between the Merchant and Customer or set out in our Damage Cover Terms and Conditions:
the Customer is responsible for any damage to (excluding fair wear and tear), loss or theft of the Goods for the period from when the Goods the Customer receives the Goods to when the Goods are returned to the Merchant or purchased by the Customer in accordance with clause 6.4, even where such damage, loss or theft is due to causes outside the Customer's control; and
unless the Customer purchases the Goods in accordance with clause 6.4, the Customer must fully compensate the Merchant for the replacement and/or repair (as applicable) of the Goods that is required as a result.
7.2 Customers are responsible for arranging the necessary insurance for their risks under the Rental Agreement. We recommend that Customers confirm with their insurance provider that their insurance is appropriate for the Rental Agreement.
8.1 The Rental Fee as at the commencement of a Rental Agreement is as set out in the Rental Listing and is in UAE Dirhams and includes Tax.
8.2 The Purchase Price is as set out in the Purchase Option and is in UAE Dirhams and includes Tax.
8.3 We will charge:
1) In case of cancellations, the full rental Fees for the plan selected
2) In case of no instructions at end of the rental plan, we will automatically renew the plan for the same duration, and charge monthly rental as per plan terms
8.4 In case of Default, subject to applicable law, which may require that we notify and/or give you a right to cure your default, we may declare you in default for any of the following reasons:
1) you fail to pay any Installment by the due date, and after any applicable grace period;
2) you violate any promise you make to us which significantly impairs your ability to pay or our ability to collect the amounts due under this Agreement;
3) you revoke your consent to electronic communications; or
4) you die or become legally incompetent. If you are in default, we can require you to pay the remaining amount you owe us at once, subject to any right you may have to notice of default and to cure such default.
We may seek payment of this amount by charging your credit or debit card pursuant to any pre-authorization you provided us under this Agreement.
8.5 In case of late payment, you are obligated to pay additional fees from the date you are in default, under the condition. We may initiate debt collection procedures and incur (extrajudicial) costs to recover the amount due. These costs will be for your account. You will incur additional costs and from the date, you are in default we are entitled to charge late fees. You undertake to pay the following amount as a result of late payment:
1) 300 dirhams after the payment date;
2) an additional 300 dirhams if the amount is outstanding 14 days after the payment date.
8.6 We can additionally require immediate payment of your total outstanding balance and, unless prohibited by applicable law, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney or collection agency.
9.1 Title to, and all Intellectual Property Rights in, the Content (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Content for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
9.2 Without limiting clause 10.1, you acknowledge that we may use Content for our internal research, analytical and product development purposes, to conduct statistical analysis and identify trends and insights (on an anonymised and aggregated basis) and for our internal reporting requirements (and these rights will survive termination and expiration of these Terms).
9.3 You must ensure you have obtained all necessary consents for us to access, collect, hold, process and distribute the Content as described in these Terms.
9.4 While we will use reasonable endeavours to back up all Content stored using Livlyt, you must keep separate and regular back-up copies of all Content uploaded by you onto Livlyt.
Other than your Content, we (and our licensors) own all proprietary and intellectual property rights in Livlyt and the Underlying Systems, including all information, data, text, graphics, artwork, photographs, trademarks, logos, icons, sound recordings, videos and look and feel, and including any modification, enhancement or derivative work of any of the foregoing.
1.1 You must treat all information available and otherwise provided through Livlyt as strictly confidential, and may only use that information for the purpose of renting or selling Goods through Livlyt.
11.2 Confidential Information expressly includes contact details of each Livlyt user, but does not include any information already in the public domain, or independently known to you.
12.1 You are not required to provide personal information to us, although in some cases if you choose to not do so then we will be unable to make certain functions of Livlyt available to you.
13.1 To the extent permitted by law, and without limiting our obligation, where we are the Merchant of any Goods rented or purchased through Livlyt, to supply those Goods in accordance with the Rental Agreement and (if applicable), clause 6.4, we have no liability or responsibility to you or any other person for any Loss in connection with:
1) any Transaction;
2) Livlyt being unavailable (in whole or in part) or performing slowly;
3) the failure of any Livlyt user to comply with these Terms;
4) any error in, or omission from, any information made available through Livlyt, including any information in any Rental Listing or Purchase Option;
5) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use Livlyt. To avoid doubt, you are responsible for ensuring the process by which you access and use Livlyt protects you from this; and
6) any site linked from Livlyt. Any link on Livlyt to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
13.2 All Transactions are carried out entirely at your own risk. We exclude to the fullest extent permitted by applicable law all liability for any Loss arising out of or in any way connected with any Transaction. This clause does not limit our obligation, where we are the Merchant of any Goods rented or purchased through Livlyt, to supply those Goods in accordance with the Rental Agreement and (if applicable), clause 6.4.
13.3 Without limiting clause 13.2:
1) you rely on information provided by other Livlyt users at your own risk;
2) you acknowledge:
1) except as set out in clauses 5.2 to 5.5, we do not verify the identity of LivLyt users;
2) our identity verification processes depend on the information provided by the relevant Livlyt users and the third party identity verification services used by us. We do not guarantee that the results of our verification process are complete or accurate; and
3) we do not, control, inspect, endorse, approve or check the availability, condition or nature of any Goods, or the accuracy, currency, truth or completeness of the information provided by Livlyt users and it is your responsibility to do so; and
3) it is your responsibility to take any other necessary precautions before entering a Transaction.
14.1 To the maximum extent permitted by law:
1) you access and use Livlyt at your own risk; and
2) we are not liable or responsible to you or any other person for any Loss under these Terms or in connection with Livlyt, or your access and use of (or inability to access or use) Livlyt, or any Transaction. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise, but does not limit our obligation, in connection with any Transaction where we are the Merchant, to supply those Goods in accordance with the Rental Agreement and clause 6.5 (if applicable).
14.2 Without limiting clause 14.1, we are not liable for:
1) any loss or damage to Goods;
2) any Loss arising as a result of a Merchant entering your premises to repossess Goods; or
3) any failure of a Livlyt user to return Goods on time (or at all) or to pay the Rental Fee or Purchase Price.
14.3 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability will be limited to AED 500.
14.4 To the maximum extent permitted by law and only to the extent clauses 14.1 and 14.2 of these Terms do not apply:
1) where we are the Merchant for a Transaction, our total liability to you in connection with the Transaction will not exceed the aggregate Rental Fee and Purchase Fee paid by you;
2) our total liability to you arising in connection with these Terms or Livlyt (but not arising in connection with a Transaction where we are the Merchant) will not exceed US$50; and
3) we will not be liable to you under or in connection with these Terms or Livlyt for any:
1) loss of profit, revenue, savings, business, use, data (including Content), and/or goodwill; or
2) consequential, indirect, incidental or special damage or loss of any kind.
14.5 Clauses 14.1 to 14.4 do not apply to limit:
1) our liability under or in connection with these Terms:
1) for personal injury or death; or
2) for fraud or wilful misconduct; or
2) any liability that cannot be excluded by law.
15.1 If, at any time you are not a party to a then-current Rental Agreement, you may cease using Livlyt by removing your account from Livlyt. If you do this, these Terms and your right to access and use Livlyt will terminate immediately.
15.2 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use Livlyt if the other party:
1) breaches any material provision of the Terms and the breach is not:
1) remedied within 10 days or the receipt of a notice from the first party requiring it to remedy the breach; or
2) capable of being remedied; or
2) becomes insolvent, liquidated, bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed or becomes subject to any form of insolvency action of external administration, or ceases to continue business for any reason.
15.3 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
15.4 Clauses which, by their nature, are intended to survive termination of your right to access and use Livlyt, including clauses 9 to 14, 15.3, 15.4 and 16.2.
15.5 Subject to clause 15.3, no compensation is payable by us to you as a result of the termination of these Terms for whatever reason, and you will not be entitled to a refund of any amount that you have already paid to us.
15.6 Without limiting any other right or remedy available, we may restrict or suspend your access to Livlyt if we consider that you or anyone acting on your behalf or using your account have:
1) undermined, or attempted to undermine, the security or integrity of Livlyt or any Underlying Systems;
2) used, or attempted to use, Livlyt:
1) for improper purposes; or
2) in a manner, other than for normal operational purposes, that materially reduces the operational performance of Livlyt;
3) transmitted or stored any Content that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is, or may be, Objectionable, incorrect or misleading;
4) failed to pay any amount when due in accordance with clause 8; or
5) otherwise materially breached these Terms.
16.1 We understand and appreciate the trust given by you to handle your personal data. We are fully committed to protect your privacy.
16.2 We and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.
16.3 We process your personal data for the following purposes:
1) to perform a credit check on you and/or to confirm your identity;
2) to send you an invoice via email, text message or push notification;
3) to facilitate the payment via bank transfer, direct debit or any other payment method chosen by you;
4) for marketing and business development purposes; and
5) to administer payments received and to send reminders for non-received payments; and
6) to engage debt collection agencies in case of non-payments.
16.4 You can request details of your personal information held by us, and request a correction in cases where the information is incorrect. We have implemented adequate technical and organizational measures to prevent any unauthorized access or loss of your personal data.
17.1 If we need to contact you, we may do so by email or by posting a notice on Livlyt. You agree that this satisfies all legal requirements in relation to written communications.
17.2 These Terms, and any dispute relating to these Terms or Livlyt, are governed by and must be interpreted in accordance with the law of of the Emirates of Dubai. Each party submits to the non-exclusive jurisdiction of the Courts of the DIFC in the city of Dubai in relation to any dispute connected with these Terms or Livlyt.
17.3 We are not liable to you for any failure to perform our obligations under these Terms to the extent caused by an event that is beyond our reasonable control.
17.4 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.
17.5 No person other than us and you has any right to a benefit under, or to enforce, these Terms.
17.6 Except as expressly stated otherwise in these Terms, any variation to these Terms must be in writing and signed by both parties.
17.7 For us to waive a right under these Terms, that waiver must be in writing and signed by us.
17.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
17.9 These Terms set out everything relating to your access and use of Livlyt and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to Livlyt that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agree to these Terms.
1.1 These are the standard terms that apply to the Rental Agreement between the LivLyt FZ LLC (i.e. the Merchant) and the Customer, unless otherwise agreed between the LivLyt FZ LLC and the Customer.
1.2 Capitalised terms used in this document have the meanings given in clause 3 of the Livlyt Terms and Conditions.
2.1 The Customer warrants that it has reviewed the Rental Listing description and satisfied itself that the Merchant’s Goods are fit for the Customer’s purpose.
2.2 The Customer must, and until such time as the Customer purchases the Goods in accordance with clause 7.4 (if applicable):
1) take proper care of the Goods, including keeping the Goods safe and secure against less, theft, damage or unauthorised use;
2) not allow the Goods to be used by any person other than the Customer, its employees or persons belonging to its household;
3) ensure that all persons who use the Goods:
1) use the Goods with due care and skill and in the manner they were designed to be used;
2) comply with all applicable laws and regulations; and
3) comply with all manufacturer’s instructions and health and safety information provided with the Goods;
4) not use the Goods or allow the Goods to be used for any unlawful purpose;
5) immediately cease using the relevant Goods if any Goods are damaged, faulty or break down;
6) immediately notify the Merchant if any Goods are lost, stolen, damaged, faulty or break down;
7) not remove, deface or obscure, and not allow any other person to remove, deface or obscure, any marks of identification or ownership or registration on the Goods;
8) keep the Goods in its possession or control and not attempt to sell, pledge, charge, hire out or otherwise deal with the Goods;
9) not do anything that would invalidate the Merchant’s insurance;
10) unless the Customer purchases the Goods in accordance with clause 7.5, return the Goods:
2) in the same order and condition (including with all packaging, manuals and accessories) as at the commencement of the rental (fair wear and tear excepted). In particular the Customer must remove password protections, links to personal accounts and/or any other lock that excludes or impairs the use of the Goods by a third party; and
3) in accordance with the arrangements set out in the Rental Listing or otherwise agreed with the Merchant; and
11) not assign or transfer the Rental Agreement.
3.1 Unless the Customer purchases the Goods in accordance with clause 7.5, legal and beneficial ownership of the Goods remains with the Merchant at all times. The Goods will be deemed at all times to be personal property, whether or not they may be attached to any other property.
3.2 Until the Goods are returned to the Merchant or title to the Goods passes to the Customer in accordance with clause 7.5, the Customer must:
1) use all reasonable efforts to protect the Merchant’s rights in the Goods, including making it clear to others that the Merchant (and not the Customer) owns the Goods;
2) not allow the Goods to become subject to any lien, security interest or encumbrance of any kind; and
3) not allow the Goods to be used or installed in a way that results in it becoming a fixture to any land, including real property.
3.3 The Customer must promptly provide all information, and do all things the Merchant may reasonably consider necessary or desirable (including the execution of any further documents), to protect and perfect any security interest that arises under the Rental Agreement to ensure that any such security interest is, and remains, fully effective and with the priority that the Merchant requires.
3.4 The Customer must immediately notify the Merchant if the Goods have a lien, security interest or encumbrance attached or are threatened with seizure. The Customer must indemnify and hold the Merchant harmless against all Loss caused by such action.
3.5 If the Customer is in breach of the Rental Agreement (including by failing to pay any payment to Livlyt when due), or on termination of the rental or the Rental Agreement for any reason, the Merchant or its agent will be entitled to enter upon the Customer’s premises at any reasonable time and repossess the Goods.
Unless otherwise agreed between the Merchant and Customer or as set out in the Damage Cover Terms and Conditions:
1) the Customer is responsible for any damage (excluding fair wear and tear), loss or theft of the Goods for the period from when the Goods are collected from the Merchant to when they are returned by the Customer, even where such damage, loss or theft is due to causes outside the Customer’s control; and
2) the Customer must fully compensate the Merchant for the replacement and/or repair (as applicable) of the Goods that is required as a result
5.1 The maximum aggregate liability of the Merchant under or in connection with the Rental Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the Rental Fees paid by the Customer.
5.2 Except for the Customer’s liability to pay the Rental Fees, neither party is liable to the other under or in connection with the Rental Agreement for any loss of profit, data, savings, business, revenue, and/or goodwill, or any indirect, consequential, incidental or special loss or damage of any kind.
5.3 Where the Customer is, or represents that it is, renting the Goods for the purposes of trade, the parties agree that:
1) to the maximum extent permissible by law, any applicable consumer protection law does not apply to the rental of the Goods or the Rental Agreement; and
2) it is fair and reasonable that the parties are bound by this clause 5.3.
5.4 Where the Customer is a consumer, nothing in the Rental Agreement has the effect of contracting out of any consumer protection law that cannot be excluded. To the extent the Merchant’s liability cannot be excluded but can be limited, the Merchant’s liability will be limited to the Rental Fees paid by the Customer.
5.5 Neither party will be responsible, liable, or held to be in breach of the Rental Agreement for any failure to perform its obligations under the Rental Agreement or otherwise, to the extent the failure is directly caused by the other party failing to comply with its obligations under the Rental Agreement, or by the negligence or misconduct of the other party or its personnel.
6.1 If the Customer has rented the Goods for a Minimum Term:
1) the Rental Agreement continues for the Minimum Term. Either party may terminate the Rental Agreement on 30 days’ written notice to the other party, with effect from the end of the Minimum Term; and
2) at the end of the Minimum Term, the Rental Agreement will continue for successive months until a party gives at least 14 days’ written notice to the other party that the Rental Agreement will terminate at the end of the then-current billing month.
6.2 If the Customer has not rented the Goods for a Minimum Term (i.e. on a pay-as-you-go basis), the Rental Agreement will continue for successive months until a party gives at least 14 days’ written notice to the other party that the Rental Agreement will terminate at the end of the then-current billing month.
6.3 The Merchant may terminate the Rental Agreement by notice with immediate effect if:
1) the Customer fails to comply with any material term of the Rental Agreement;
2) the Merchant believes on reasonable grounds that the Goods may be at risk for any reason whatsoever, including the manner of its use by the Customer, adverse weather or work conditions, or the Customer is unable to, or might be unable to, pay any charge, cost or Rental Fee in connection with the Goods under the Rental Agreement; or
3) any step is taken to appoint a receiver, manager, trustee in administration, liquidator, provisional liquidator, statutory manager, administrator or other like person over the whole or any part of the Customer’s assets or business.
6.4 If the Merchant terminates the Rental Agreement under clause 6.3, the Customer indemnifies the Merchant against, and must pay to the Merchant upon demand, any Loss suffered or incurred by the Merchant whether arising directly or indirectly from the Merchant acting to recover any Goods rented or Rental Fees payable by the Customer.
6.5 Expiry or termination of the Rental Agreement does not affect each party’s rights and obligations accrued before the termination or expiry date.