General
This Terms of Use Agreement (the “Agreement”) sets forth the standards for use of the Navarch Rentals, Inc (DBA Skipti) (“Skipti”) Platform Service (the “Service”). By using our web site at marketplace.skipti.com or the Skipti mobile applications, you agree to these terms and conditions. Skipti reserves the right, at any time, to modify, update, or alter these terms and conditions without prior notice. Modifications shall become effective immediately upon being posted on our site. Your continued use of our Service after amendments are posted constitutes an acknowledgement and acceptance of this Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Skipti provides an online platform (the “Platform”) for owners of goods (an “Owner”) to advertise their goods for rent and to rent their goods to renters (a “Renter”). Through its Platform, Skipti facilitates the rental transaction of goods from owner to renter by providing rental scheduling, cash transaction services for the exchange, and delivery and return of goods from owner to renter and back.
Rental Items—Renter Responsibilities
Renter shall be responsible for paying all fees corresponding to any rented item as and when they come due. Renter authorizes Skipti to charge any payment methods or stored payment credentials associated with Renters account for all amounts due, including but not limited to, security deposits, processing fees, rental fees, fines/penalties, deductibles, and damages. The renter furthermore represents and warrants that the renter has the right to make this authorization. These charges can be found in Skipti Fees in Appendix B.
Each Renter will use all rented items only for their intended use(s) and in compliance with all applicable laws and in addition, renter will return the rented item on time and in approximately the same condition that renter received it. Renter acknowledges and agrees that he/she may be required to pay late fees on any items which are not returned to the owner on time as provided under the Platform. Late fees can be found in Skipti Fees in Appendix B.
With regard to damage, losses, or other liabilities to any rented item occurring while the rented item was in Renter’s custody, Renter acknowledges that, where permissible under applicable law, Renter is primarily liable.
Renters have two hours from rental item delivery to complete a visual inspection of all rented items before use. If a renter finds damage in his/her initial inspection, renter should contact Skipti Customer Service at [email protected]. Renter may be asked to upload photos of such pre-existing damage at the start of renter’s reservation to ensure renter is not held responsible for pre-existing damage. If a renter finds damage on initial inspection and fails to report it, Skipti, third party claims adjusters, or insurance partners may assume that the damage occurred during renter’s reservation period.
Renters right to possession of the equipment begins upon receipt and terminates on the agreed return time and date. Retention of possession after this time and date constitutes a material breach. Title to the equipment is and shall remain the Owners. If the rental is not returned and/or levied upon for any reason whatsoever, Skipti may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend and hold Skipti harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Renter shall notify Skipti immediately. Skipti will utilize its reasonable efforts to deliver and retrieve rental items from locations determined solely by Renter; accordingly, Renter assumes sole risk and liability for any personal or property damage occurring at such locations.
Fees
Skipti may charge owners fees for uploading rental items and renter’s fees for rental and delivery at our discretion. All rental fees for individual items rented through the Skipti rental platform are set by and at the sole discretion of the owner of the item. Skipti may provide suggested rental prices, but the final rental price of each item is set by the owner. Skipti may add, at its sole discretion, additional fees to the final item rental price set by the owner to create an all-inclusive delivered rental price.
Delivery
Skipti will arrange for and provide delivery service for all rental transactions. There is no option within our provided service to have owners deliver their rental products to renters, renters to pick up rental products from owners, or for either owner or renter to arrange for delivery service that is not provided through Skipti unless otherwise stated. Renter and Owner agree that they shall not independently deliver or arrange for delivery of any items rented through the Platform. Circumvention of Skipti-provided delivery may be cause for termination of Skipti Platform use. Skipti may provide delivery through third party or its own delivery service unless otherwise stated.
Cancellation of a Rental
After an owner has offered a good for rental, a user has scheduled that good for rent, and Skipti has verified that good’s availability, any fees, penalties or refunds will be governed by the Cancellation Policy in Appendix C. Based on the Cancellation Policy in Appendix C, renter may be liable for fees or penalties for a cancelled rental.
Also, renter shall be responsible for paying all fees corresponding to any cancellation of a rented item as and when they come due. Renter authorizes Skipti to charge any payment methods or stored payment credentials associated with renters account for all amounts due, including but not limited to, security deposits, processing fees, rental fees, fines/penalties, deductibles, and damages, and renter furthermore represents and warrant that renter has the right to make this authorization. These charges can be found in Skipti Fees in Appendix C.
Modification and Interruption of Service
Skipti reserves the right to modify or discontinue the Service with or without notice to you. Skipti shall not be liable to you or any third party should Skipti exercise our right to modify or discontinue the Service. Your use of the site constitutes acknowledgement and acceptance that Skipti does not guarantee continuous, uninterrupted or secure access to our website and that operation of our website and Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
The Skipti website may include links to other sites on the internet that are owned and operated by online merchants and other third parties. You acknowledge that Skipti is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Skipti is not responsible therein. Skipti encourages you to review the privacy policies of any third-party site visited.
Disclaimer Regarding Accuracy of Goods Information
Product specifications and other information have been provided by the owner of the good. Skipti makes no representations or warranties as to the accuracy or reliability of any information provided on our website. Owners of goods have sole control over rental prices and rental prices are subject to change without notice. Skipti makes no warranties or representations whatsoever with regard to any product provided or offered by any owner of a good, and you acknowledge that any reliance on representations and warranties provided by any owner shall be at your own risk.
Compliance with Laws
The users of the Skipti Platform assume all knowledge of applicable law and are responsible for compliance with such laws. Owners or Renters may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Users of the Skipti Platform further agree not to transmit or offer any material or good on this site that encourages conduct that could constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Obligations of all Users/Authorization to Verify User Information.
All users of the Platform, whether they be acting as owners or as renters, agree to always use their accounts and the Services in compliance with this Agreement and any other policies and standards provided by Skipti. In connection with the use of or access to the Services each user may not, and agrees that he/she will not, nor advocate, encourage, request, or assist any third party to: (i) breach, violate, and/or circumvent any third party rights or our systems, policies or determinations of your account status; (ii) post false, inaccurate, misleading, defamatory, or libelous content; (iii) submit any false information including name, credit card, insurance, or other personal information; (iv) submit a claim, or respond to a claim (for example about damage to an item), with false or misleading information; (v) fail to pay fees or other amounts owed to Skipti or another user; (vi) fail, as either an owner or renter, to timely make available for delivery or return any item, (vii) use the Services to find an owner or renter, and then complete a transaction to share it partially or wholly independent of Skipti Services, in order to circumvent the obligation to pay any Skipti Fees related to Skipti’s provision of the Services or for any other reasons; (viii)“stalk” or harass any other Skipti user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a owner or renter in accordance with This Agreement;; (ix) interfere with any other user’s listings; (x) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or (xi) endeavor to circumvent a suspension, termination, or closure of a user’s account, including, but not limited to, creating a new account to circumvent an account suspension or closure. All users understand that Skipti may conduct verification checks to confirm that all information provided to Skipti by the user is accurate. Towards such end, all users hereby expressly give Skipti permission to check identity, address or other verification attributes of the user through a third party verification service to verify any information provided by user to Skipti.
Other Terms
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation in our Service. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.
User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your item(s), reviews, feedback, and descriptions of your item. By making available any content on or through the Services, or through Skipti promotional campaigns, you hereby grant to Skipti a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Skipti does not claim any ownership rights in any such content and nothing in This Agreement will be deemed to restrict any rights that you may have to use and exploit any such content.
Termination
You may discontinue your use of the Services at any time and Skipti may terminate your access to the Services and remove any listings for any reason or no reason to the maximum extent permissible under applicable law. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Skipti may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
Disclaimers
SKIPTI PROVIDES SERVICES THAT ENABLE THE RENTAL OF ITEMS BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, SKIPTI DOES NOT ITSELF PROVIDE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, SKIPTI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Skipti makes no warranty that the Services, including, but not limited to, the listing and/or any item, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Skipti makes no warranty regarding the quality of any listings, items, owners, renters, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Skipti or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST SKIPTI AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “SKIPTI PARTIES”) AND ANY SKIPTI USER (EXCEPT AS DETAILED BELOW FOR TRANSACTIONS WHERE THE OWNER PROVIDES THEIR OWN COMMERCIAL/RENTAL INSURANCE/PROTECTION) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, AN ITEM NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN AN ITEM, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU AND, IN THE CASE OF THE SKIPTI PARTIES, ANY ACTIONS OR INACTION OF THE OWNER. NEITHER SKIPTI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR RENTING OF ANY ITEM VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKIPTI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE.
CUSTOMER AGREES TO HOLD HARMLESS SKIPTI FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS’ FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF SKIPTI.
CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE SKIPTI FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST SKIPTI WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT.
Indemnification
To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Skipti and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of This Agreement; your user content; your interaction with any user, rental of an item, or creation of a listing for an item; or the use, condition, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of the rental or use of an item.
Governing Law
This Agreement and your use of the Services, and any disputes arising hereunder will be interpreted in accordance with the laws of the State of New Mexico, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Bernalillo County, New Mexico.
Agreement to Arbitrate
You and Skipti each agree that any and all disputes or claims that have arisen or may arise between you and Skipti (including its respective subsidiaries, employees, officers, directors, and agents) relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Skipti’s Services or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Appendix A. EXCLUSION LIST
| Exclusions |
If it’s considered illegal by local or federal law, Skipti can’t accept it. |
| Category | Examples (not limited to) |
| General |
Material that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; material that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability |
| Food / Perishables |
Any Items meant for consumption, items needing regulated temperature control |
| Live plants / animals |
Houseplants, household pets of any kind, feeder animals, plants meant for consumption |
| Copyright infringement |
Any items that infringe copyright laws |
|
Prescription drugs/controlled substances/or illegal drugs, substances and items used to manufacture controlled substances as well as drug paraphernalia |
|
| Medical devices |
Hypodermic needles, contact lenses, hearing aids |
| Houses | |
| Automobiles | |
| Dating Service | |
| Services of Any Kind |
No labor such as plumbers, hairdressers, actors/models, etc. |
|
Poisonous, hazardous materials |
Pesticides, art & craft material containing toxic substances without label |
|
Flammable materials, compressed gases, explosives |
Propane tanks, aerosols, TNT |
|
Firearms / Ammunition / Accessories |
Bump stocks, silencers, bullets |
| Identification materials |
Identification cards (i.e. birth certificates, citizenship documents, driver licenses) police insignia |
| Personal records |
Bulk email/mailing lists, or any list that contains names, contact details, or any other identifying information. No membership log-ins, no wifi passwords, no cell phones |
| Burglary Tools |
Lock picks, slim-jims, master keys |
| Counterfeit currency |
Coins, stamps, bills, as well as equipment to make it |
|
Pornographic material/ sex toys |
Sex toys, games, movies |
| Alcohol/tobacco products | Falls under consumption |
Appendix B. SKIPTI FEES
Delivery Rescheduling, if possible:
Time of reschedule:
Customer Initiated – Any day/time prior to Two Hours before delivery window $0
Customer Service Assisted – Any day/time prior to Two Hours before delivery window $5
Two Hours leading up to and during delivery window $35
Pickup Rescheduling, if possible:
Time of reschedule:
Customer Initiated – Any day/time prior to Two Hours before pickup window $0 + add’l nights rental fee if applicable
Customer Service Assisted – Any day/time prior to Two Hours before pickup window $5 + add’l nights rental fee if applicable
Two Hours before and during pick up window $35 + add’l nights rental fee if applicable
Late Fees
Rentals – No Required Deposit:
Renter not returning item: $450
If renter returns our items we will refund $450 minus $50 rescheduling fee + add’l nights rent if any.
Rentals – With Required Deposit:
Renter not returning item: Forfeiture of Deposit
If renter returns our items we will refund deposit minus $50 rescheduling fee + add’l nights rent if any.
Decline of fees assumes forfeiture of Deposit Authorization and loss will be reported.
Appendix C. CANCELLATION POLICY
Courier
Time of Cancellation:
Any day/time prior to Two Hours before delivery window: 100% Refund
Two Hours before and during delivery window: No Refund
Shipping
Time of Cancellation:
Any time prior to day of shipment: 100% Refund
Cancellation only possible before day of shipment.
After order shipment say: No Cancellation Possible, No Refund + If shipped Customer must return order items.
Curbside/In Store
No cancellation fees
