IRENT MO INC. TERMS AND CONDITIONS – RENTALS

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, content, and services (the “Services”) made available by Irent Mo Inc., a company established in the Philippines, having its offices at Ciannat Complex, Marcos Highway, Antipolo, Rizal (“Irent Mo”).

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Irent Mo. If you do not agree to these Terms, you may not access or use the Services. Irent Mo may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

The Irent Mo reserves the right to modify, vary and change the Terms or its rules and policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms or its rules and policies relating to the Service shall be effective upon the posting of an updated version at www.irentmo.com or in the Platform. You agree that it shall be your responsibility to review the Terms regularly, whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

1. THE SERVICES

The Services constitute a technology platform that enables users to interact with each other, and to rent items. Irent Mo does not pre-screen a user or the information provided by a user, nor is Irent Mo directly involved in transactions between users. IRENT MO IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY OTHER USER YOU INTERACT WITH OR YOU TRANSACT WITH IN CONNECTION WITH THE USE OF THE SERVICES. Further, you agree that Irent Mo is not responsible or liable for any information posted by other users, including the quality, merchantability, safety or legality of any aspect of the items posted.

2. THE USE OF THE SERVICES

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to Irent Mo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services Unless otherwise permitted by Irent Mo in writing, you may only possess one Account.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access or use the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or damage, whether to any Third Party or any other user party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. You agree that your use of the Service will be subject to Irent Mo’s Privacy Policy as may be amended from time to time.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Irent Mo or any third party as a result of any breach of the Terms. You agree and undertake NOT to:

(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) use the Platform or Services for illegal purposes;

(c) Upload any Information (e.g. pictures, videos, descriptions etc.) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.

(d) Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

(e)attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;

(f) post, promote or transmit through the Platform or Services any Prohibited Items;

(g) interfere with another’s utilization and enjoyment of the Platform or Services;

(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another user’s computer or mobile device or the Platform or Services; and

(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

3. OFFERING FOR RENT OR RENTING ON IRENT MO

In using the Services to post and offer an item for rent or to rent an item, you agree to comply with the following:

• All items must comply with these Terms and Irent Mo’s rules.
• You must provide a fair, accurate and complete description of each item, including your rental fee or price for the item.
• All Information contained in a posting must be true, complete, accurate and not misleading in any manner whatsoever.

Without prejudice to the rest of these Terms and Irent Mo rules, you warrant, in respect of each item which you offer for rent on the Services that:

• You are the owner of the item, and the item is not stolen.
• The item is not counterfeit and does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
• The rent of the item complies with all laws and regulations which apply to that item.
• All offers made and accepted through the Services are binding.

If you offer for rent an item and the transaction is completed and confirmed:

• You agree to ship the item in a prompt manner unless there is an exceptional circumstance, or you cannot authenticate the other user’s identity.
• You may not alter the item’s rental price, or misrepresent the item’s location and price.
• If you are a rent an item, you agree to make prompt payment to the, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the other user’s identity.

In communicating with a user through the Services for the offering of or acceptance of a rental of an item (each, a “Transaction”), you may obtain personal information of that user, such as their valid Identification, email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Irent Mo is not involved in Transactions which are considered solely between users, Irent Mo cannot ensure that a user would follow through and complete a Transaction.

Irent Mo may offer, for a fee, same day or next day shipping or delivery of items within Metro Manila.

4. PAYMENT

You understand that use of the Services may result in charges to you for the services. Charges paid by you are final and non-refundable, unless otherwise determined by Irent Mo. All Charges are due immediately

As between you and Irent Mo, Irent Mo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Irent Mo’s sole discretion. Irent Mo will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.  You are responsible for collecting and paying any taxes associated with using and making rent sales through the Services.

5. LICENSE GRANT

Irent Mo hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Services, Application and/or the Software, solely for your own use, subject to the Terms herein. All rights not expressly granted to you are reserved by Irent Mo.

6. INTELLECTUAL PROPERTY OWNERSHIP

Irent Mo shall own all right, title and interest, including all related intellectual property rights, in and to the Irent Mo Application/Software and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. Irent Mo’s name, Irent Mo’s logo, the Service, the Software and/or the Application and the product names associated with the Software and/or the Application are trademarks of Irent Mo or third parties, and no right or license is granted to use them.

7. CONFIDENTIALITY AND PERSONAL DATA

You shall maintain in confidence all information and data relating to Irent Mo, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Irent Mo (whether orally or in writing and whether before, on or after the date of this Term) or which are otherwise directly or indirectly acquired by you from Irent Mo, or created in the course of this Term. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without Irent Mo’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Term.

You agree and consent to Irent Mo using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Term, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Irent Mo in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Irent Mo from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. Irent Mo may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.

The provision of your Personal Data is voluntary. However, if you do not provide Irent Mo your Personal Data, your request for the Application may be incomplete and Irent Mo will not be able to process your Personal Data for the Purposes outlined below and may cause Irent Mo to be unable to allow you to use the Service.

Irent Mo may use and process your Personal Data for business and activities of Irent Mo which shall include, without limitation the following (the “Purpose”):

• To perform Irent Mo’s obligations in respect of any contract entered with you;
• To provide you with any services pursuant to the Terms herein;
• To process your participation in any promotions or any activities, s and to communicate with you regarding your participation thereto;
• Process, manage or verify your application for the Service pursuant to the Terms herein;
• To validate and/or process payments pursuant to the Terms herein;
• To develop, enhance and provide what is required pursuant to the Terms herein to meet your needs;
• To process any refunds, rebates and or charges pursuant to the Terms herein;
• To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
• To respond to questions, comments and feedback from you;
• To communicate with you for any of the purposes listed herein;
• For internal administrative purposes, such as auditing, data analysis, database records;
• For purposes of detection, prevention and prosecution of crime;
• For Irent Mo to comply with its obligations under law;
• To send you alerts, updates, mailers, promotional materials, greetings from Irent Mo, its partners, advertisers and or sponsors;
• To notify and invite you to events or activities organized by Irent Mo, its partners, advertisers, and or sponsors; and/or
• To share your Personal Data amongst other users of the Services when you enter in transactions with them

You are aware and consent to provide your applicable Personal Data to users you transact with in using the Services. If you do not consent to Irent Mo processing your Personal Data for any of the Purposes, please notify the Irent Mo.

If any of the Personal Data that you have provided to Irent Mo changes, please update your details. By submitting your information to Irent Mo, you consent to the use of that information as set out in any forms and in the Terms.

8. OTHER USERS OR THIRD-PARTY INTERACTIONS

During use of the Service, you may enter into correspondence with other users through the Service, or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the other user or any third-party. Irent Mo shall have no liability, obligation or responsibility for any such correspondence, transaction or promotion between you and any such user or third-party. Irent Mo is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and other users or third party.

Irent Mo may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms, you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify Irent Mo in writing or in accordance with the procedure determined by Irent Mo. You agree and allow the Irent Mo to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party transportation provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

9. USER SUBMISSIONS AND INFORMATION

Submissions by you: You grant Irent Mo a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to Irent Mo, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant Irent Mo the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Irent Mo or third parties as to the origin of any Submissions. Irent Mo may, but shall not be obligated to, publish, remove or edit your Submissions.

Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by Irent Mo of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

Irent Mo may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that Irent Mo is not required to contest any demand made by an (government) authority for such information.

10 GENERAL

10.1 Unless otherwise provided under these Terms, the provisions of these Terms are without prejudice and in addition to any rights or remedies Irent Mo may have in law or in equity, and no exercise by Irent Mo of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms or at law or in equity) operate so as to hinder or prevent Irent Mo’s exercise of any other such right or remedy as at law or in equity.

10.2 No waiver: Irent Mo’s failure to enforce these Terms se shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. Irent Mo would still be entitled to use Irent Mo’s rights and remedies in any other situation where you breach these Terms.

10.3 Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Term shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

10.4 Rights of third parties: A person or entity who is not a party to these Terms shall have no right under any legislation in any jurisdiction to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

10.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Philippine law. If any dispute arises in connection with these Terms, the Parties shall attempt, in fair dealing and in good faith, to settle such dispute. If the Parties are not able to reach an amicable settlement pursuant to the preceding section they shall try to agree on an appropriate ADR proceeding (for example mediation, conciliation, expert determination, dispute board, adjudication). If they do not reach agreement on the appropriate ADR proceeding within 30 days after failure of the settlement negotiations or if the dispute is not settled through an ADR proceeding within a period of two months after initiation of the ADR preceding, each Party may initiate an arbitration proceeding pursuant to the following paragraph.

All disputes arising out of or in connection with the present contract, including any question regarding its existence, validity or termination, shall be finally settled in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (“PDRCI”) for the time being in force, which rules are deemed incorporated by reference into this clause. The arbitral tribunal shall consist of three arbitrators to be chosen in accordance with the rules of the PDRCI. The seat of arbitration shall be the Philippines. The procedural law of this seat applicable to commercial arbitration proceedings shall apply where the Rules are silent. The language to be used in the arbitration proceedings shall be English.

10.6 Injunctive relief: Irent Mo may seek immediate injunctive relief if Irent Mo makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

10.7 Entire agreement: These Terms shall constitute the entire agreement between you and Irent Mo relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.8 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Irent Mo or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Irent Moand you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

10.9 Sub-contracting and delegation: Irent Mo reserves the right to delegate or sub-contract the performance of any of Irent Mo’s functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as Irent Mo deems appropriate.

10.10 Assignment: You may not assign your rights under these Terms without our prior written consent. Irent Mo may assign our rights under these Terms of Use to any third party.

10.11 Force Majeure: Irent Mo shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Irent Mo’s reasonable control.

11. TERMINATION

In Irent Mo’s sole and absolute discretion, Irent Mo may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. Irent Mo may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms or where if Irent Mo believes that you have violated or acted inconsistently with any terms or conditions set out herein.

12. DISCLAIMERS; LIMITATION OF RESPONSIBILITY AND LIABILITY

No representations or warranties: The Services and the Platform are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, or the Services or the Items. Without prejudice to the generality of the foregoing, Irent Mo does not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the items;

(b) that the Platform, the Services or that any of the items will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by Irent Mo or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

Exclusion of liability: Irent Mo and its officers shall not be liable to you for any Losses whatsoever or howsoever caused arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if Irent Mo or Irent Mo’s officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform or Services is entirely at your own risk and Irent Mo shall not be liable therefor.

13. INDEMNITY

You agree to indemnify and hold Irent Mo and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Irent Mo’s use of your User Posting or Information; or (iv) your violation of the rights of any other user, including Third Party Providers.

14. DEFINITIONS.

14.1 “Platform” or “Software” or “Application” means the mobile application or software made available from time to time by Irent Mo

14.2 “Privacy Policy” means the privacy policy set by Irent Mo.

14.3 “Prohibited Item” means any information, graphics, photographs, data and/or any other material that:

(a) contains any computer virus or other invasive or damaging code, program or macro;

(b) infringes any third-party Intellectual Property or any other proprietary rights;

(c) is defamatory, libelous or threatening;

(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or

(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

(f) Items that do not fit Irent Mo’s allowable item criteria which include: Alcohol, Drugs & Tobacco, Adult & Mature Content, Used undergarments and intimate items, Animals, Humans or Human Remains, Counterfeit & Replica Items, Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks, Digital licenses and product keys, posting offering products that are likely to confuse other users, Weapons, Firearms, Imitation Firearms, Ammunition and Explosives, Illegal Items or Encouraging Illegal Activity, Stolen or illegal goods, items or listings that promote, support or seek to engage users in illegal activity, License for rent, Items  that involve Government license or authorization, Pawning services/Cash offerings in exchange, Medical & Healthcare Items, Prescription drugs and medicines, Offensive Materials, Posting that promotes, supports or glorifies acts of violence, Posting that seeks to shame or discriminate others and/or reveal personal information of others

14.4 “Services” means services, application, content, information and functions made available by Irent Mo at the Platform.

ACCEPTANCE

Applicant/User/Active User confirms having read and understood the entire IRENT MO INC. Terms and Conditions. IRENT MO INC. might, at any time update this “Terms and Conditions” upon notice, and such amendments will bind Applicant/User/Active User, provided that IRENT MO INC. posts the update through its website www.irentmo.com