1.1 These Terms constitute a legally binding agreement between you and GENETRONZ TECHNOLOGIES MALAYSIA SDN BHD (trading as Borobear, “we”, “us” or “Borobear” hereafter) in relation to our provision of the Borobear Service to you. Capitalized terms which are defined in either the Renters’ Rules or Owners’ Rules and not defined in these Terms shall have the same meaning as set out in the relevant rules.
1.2 GENETRONZ TECHNOLOGIES MALAYSIA SDN BHD is a company in Malaysia (under registration number 1292551-M) whose principal place of business is Suite 13-08, Avenue Crest, No. 2A, Jalan Jubli Perak 22/1, Seksyen 22, 40150 Shah Alam, Selangor, Malaysia.
1.3 When you signup for a Borobear account (including when you through a third party application or service) or otherwise access or use the Borobear Service including for the purposes of posting an ad; you are accepting these Terms
1.4 When you agree to the Terms you agree that:
1.5 For any help with using the Borobear Service please see the Borobear Help page. If you have any further questions, complaints or comments about the Borobear Service, then please contact Borobear via email email@example.com.
2.1 Borobear’s role as an intermediary only
2.2 Using the Borobear Service as a Owner
2.3 Using the Borobear Service as a Renter
3.1 Borobear reserves the right to alter the Borobear Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). Borobear will give you reasonable notice of any material changes to the Borobear Service.
3.2 We may need to change these Terms for legal or business reasons, and we will give you notice by posting such changes on the [information pages of the Borobear Service]. If we intend to make any material changes, we will notify you of these changes by email with reasonable prior notice.
3.3 If Borobear changes the Borobear Service or the Terms to your detriment, you can end your use of the Borobear Service at any time. Please see section 11 for more details on ending your use of the Borobear Service.
4.1 You need to create an account to accept these Terms. To create an account you confirm that:
4.2 As a condition of your use of the Borobear Service, you agree that you will not:
4.3 You agree to compensate and defend Borobear against any claims or legal proceedings brought against Borobear by any other person as a result of your breach of these Terms.
4.4 Your account is personal to you and may not be transferred to or shared with others. You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. Borobear will not be responsible for any losses suffered by you in circumstances where your account is used by someone else, unless this is caused by Borobear’s negligence.
5.1 In consideration of you complying with the Terms, Borobear grants you a revocable, non-transferable and non-exclusive license to access and use the Borobear Service.
5.2 You acknowledge that your use of the Borobear Service grants you no rights in or to the Borobear Service or any of the intellectual property rights (including any copyright, trade mark or patents) owned by Borobear or its licensors, other than the right to use the Borobear Service in accordance with the Terms.
5.3 You agree not to copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Borobear Service or the computer codes of elements comprising the Borobear Service other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
6.1 Your responsibility
6.2 Permission to use Your Content
6.3 Borobear’s use of third party information
6.4 Continuing obligations
6.5 Reporting abusive, threatening, or infringing content
6.6 Rights of Borobear to remove content from the Borobear Service
7.1 On each occasion that a transaction between a Renter and Owner for the rental of an item made available through the Borobear Service:
7.2 If, as a Renter, you submit a request to borrow a particular item and that request is approved by the Owner, you will be charged the full Rental Fee PLUS the Renter Commission. The “Rental Fee” means the daily rate you have agreed to pay to rent the item multiplied by the number of days that you have agreed to rent the item.
7.3 As a Owner, you will receive the Owner Fee due to you 24 hours after the scheduled start of the rental. The “Owner Fee” means the Rental Fee LESS the Owner Commission.
7.4a Payments made through the Borobear Service are processed by Stripe. You can read their full terms and conditionshere
7.4b Payment processing services for Owners on Borobear are provided by Stripe and are subject to theUser Agreement for Stripe Service, which includes theStripe Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Owner on Borobear, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Borobear enabling payment processing services through Stripe, you agree to provide Borobear accurate and complete information about you and your business, and you authorize Borobear to share it and transaction information related to your use of the payment processing services provided by Stripe.
7.5 You acknowledge that you are solely responsible for payment of applicable taxes (if any) owed by you pursuant to your use of the Borobear Service.
7.6 Our fees are payable in Ringgit Malaysia (RM) , and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Borobear Service and will also send an email to the address sign up to your account. We may also choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We shall give prior notice of these promotional events and new services by posting details on the Borobear Service and will also send an email to the address sign up to your account.
7.7 You also agree that where you have contacted a particular user through the Borobear Service, you shall not complete that transaction or any others otherwise than using the Borobear, or engage in any other practice which may avoid or lower the amount of Borobear Commission that would otherwise have been payable had the transaction been completed using the Borobear Service (“Fee Avoidance”). In the event of engagement by any user(s) in any Fee Avoidance, such user(s) shall indemnify and hold harmless Borobear in respect of any losses suffered by Borobear as a result of such Fee Avoidance. Or in the event that you attempt to engage a user you met through the Borobear service in a rental or transaction that does not use the Borobear service, you are liable to pay a fine of up to RM200 as a penalty for doing so, regardless of whether your attempts are successful or not.
8.1 If you, as Renter, request to borrow an item, you may subsequently cancel your request to borrow that item, without any charge or liability by notifying Borobear, provided such cancellation is effected:
8.2 Notwithstanding section 8.1 above, if you, as a Renter, cancel a request (which has been approved by the Owner) you shall not receive a refund of the amounts otherwise charged (including both Rental Fee and Renter Commission).
8.3 If you, as Owner, list an item for rental, you may subsequently cancel your listing of that item for rental, without any charge or liability:
8.4 Notwithstanding section 8.3 above, if you, as a Owner, cancel the listing of an item (in respect of which, you have accepted a request from any Renter to borrow) for rental, or cancel any acceptance of a request from a Renter to borrow an item within the 48 hour period immediately prior to the scheduled start of the rental period for that item, you shall be liable to pay a cancellation charge to Borobear, which is calculated as an amount equal to 30% of the Rental Fee.
8.5 In the event that the Owner pays a cancellation charge to Borobear in respect of a particular cancelled transaction, Borobear may credit the account of the Renter, as appropriate) an apportionment of any cancellation fee received, where Borobear, at its sole discretion, deems this appropriate.
8.6 If Borobear believes that you intend to cause harm to any items you rent through the platform, or believe you are renting with intent to steal; we reserve the right to cancel your rental immediately and without warning, and charge you an appropriate sum. This sum will up to but not more than the total value of the items in question. It is at Borobear’s discretion to determine what is an appropriate sum in each instance.
9.1 Nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for death or personal injury resulting from your negligence.
9.2 As a Owner, when listing an item for rental through the Borobear Service, you must give true and accurate details of the condition of the item and detail what is included or noticeably absent.
9.3 As a Renter, by requesting to rent an item through our Services, you are responsible for having sufficient funds available to replace the item should you lose or damage the item. If you do not know how much the item is worth, please contact a member of the Borobear team prior to submitting your request and we will assist you. If you do not have funds available for the approximate value of the item, do not request to borrow the item.
9.4 We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or are unable to return it for any reason within 7 days of the return deadline.
9.5 You further acknowledge that as a Renter, if you return the item after the Return Deadline (as defined in the Renter’s Rules), we are entitled to charge you up to twice the full Rental Fee and Renter Commission for each additional day that the item is returned after the Return Deadline (for the avoidance of doubt, if the item is returned after the Return Deadline on the scheduled day of return, you shall be charged for a full additional day of rental). You further acknowledge that we may take the funds directly from your account to cover such charges, without seeking further permission from you. The Return Deadline is the time you agreed to return the item with the Owner, or 12pm on the rental return date (whichever time is later).
9.6 In the event of a good faith dispute between the parties in relation to the Estimated Value of a particular item, Borobear has the sole discretion to set an appropriate Estimated Value for that item, determined in good faith and taking into account the reasonable representations of the parties.
9.7 If you refuse to pay for any damage caused, or to pay any amount that you owe to Borobear or a Borobear user, for any reason, within the time-frame given to you by Borobear, we will engage the services of debt collectors who will pursue this debt with you on our behalf. You agree that the charge for their services will be added to the debt they will be collecting from you.
10.1 Nothing in these Terms shall limit the liability of Borobear for fraudulent misrepresentation, or for death or personal injury resulting from its negligence or the negligence of its agents or employees.
10.2 You have certain rights under the law. These include that we will provide the Borobear Service to you with reasonable skill and care. You have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights which you may also be entitled, for example to damages or specific performance. For more information about your legal rights contact your local Citizens Advice Service or Trading Standards Service.
10.3 Under no circumstances shall Borobear be liable or responsible for the acts or omissions of any third party who uses the Borobear Service (including any third party with whom you enter into a transaction through the Borobear Service). Borobear is acting as an intermediary only in respect of any transaction concluded by parties introduced to each other through the Borobear Service for the rental of any item listed on the Borobear Service and accepts no liability for the performance of either party (i.e. Renter or Owner) in relation to any such transaction.
10.4 Without prejudice to section 10.3 above, Borobear is not responsible for:
10.5 Other than for breaches of implied statutory terms described in paragraph 10.2 above, Borobear’s total liability to you for any loss or damage arising in connection with your use of the Borobear Service shall be limited to one hundred Ringgit Malaysia (RM100)
10.6 You acknowledge that we cannot guarantee continuous, error-free or secure access to the Borobear Service or that defects in the Borobear Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of theBorobear Service.
10.7 Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchant-ability, merchantable quality, durability, fitness for a particular purpose and those arising by statute.
11.1 You can simply choose to stop using the Borobear Service at any time. In addition, you may also contact Borobear via email firstname.lastname@example.org and request that we activate your account.
11.2 You acknowledge that your use of the Borobear Service is subject to Borobear’s discretion and Borobear may, in the event of your breach of the Terms, at its sole discretion, withdraw your rights to use the Borobear Service on the provision of written notice with immediate effect.
12.1 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that Act.
13.2 You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not receive such communications.
14.1 Disputes between Users
14.2 Disputes between you and Borobear
15.1 You acknowledge that Borobear may transfer its rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
15.2 Nothing in the Terms is intended to or shall operate to create an employment, agency, partnership or joint venture of any kind between Borobear and any user.
15.3 If you breach the Terms and Borobear takes no action against you, Borobear reserves its rights to take action against you at a later date.
15.4 The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Borobear Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
15.5 You acknowledge that your right to access and use the Borobear Service is also subject to:
15.6 If any part of the Terms are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
15.7 Except for notices relating to illegal or infringing content, your notices to us must be sent by mail to GENETRONZ TECHNOLOGIES MALAYSIA SDN BHD, Suite 13-08, Avenue Crest, No. 2A, Jalan Jubli Perak 22/1, Seksyen 22, 40150 Shah Alam, Selangor, Malaysia. We will send notices to you via the email address you provide, or by sign up mail. Notices sent by sign up mail will be deemed received five days following the date of mailing. Notices sent by email will be deemed received the following working day after they were sent.
You should read these rules carefully before using the Borobear Service to rent an item (and therefore become a “Renter”). By using the Borobear Service as a Renter, you are agreeing to these rules (the “Renters’ Rules”) as well as the Terms (found here https://borobear.com/terms-of-service).
1.1 Borobear is a platform for Renters to find items to rent from those who wish to lend them (“Owners”). The Borobear Service enables Renters to enter into transactions with Owners to rent these items (the “Transaction”). Borobear is not a party to this Transaction or in any way responsible for the acts or omissions of either the Owner or Renter in relation to the Transaction.
1.2 By signing up to the Borobear Service you are acknowledging that:
2.1 You can communicate directly with Owners on the Borobear Service by using the “Message User” feature. This is a good way to find out more information about the item you are looking to rent. However, you may not use this feature for the following:
3.1 By requesting to borrow an item you agree and warrant that you:
3.2 When borrowing an item, you agree that you will return the item to the Owner before 12pm (noon) on the scheduled date of return (the “Return Deadline”).
3.3 If you would like to extend the period for which you borrow an item, you may submit an additional request to extend this period, for acceptance by the Owner, through the Borobear Service.
3.4 If you have failed to extend the rental period for a particular item through the Borobear Service and, consequently, return the item after the Return Deadline, you acknowledge that Borobear may charge you as set out in the ‘Your Liability’ section of the Terms [section 9].
4.1 As a Renter, by requesting to rent an item through the Borobear Service, you are agreeing to that Estimated Value assigned by the Owner. If you do not agree with this Estimated Value, do not request to borrow the item. If you do agree to this Estimated Value, you are agreeing to be liable for up to the full Estimated Value of that item, in the case of loss or damage while you are renting this item.
4.2 We have the right to take money up to the Estimated Value of the item from your account without seeking further permission from you, if we reasonably believe you have caused damage to the item, or lost it.
5.1 When you have a borrowed an item using the Borobear Service, Borobear encourages you to leave a review, as it helps Owners build a good reputation, or warn other users about a poor experience.
5.2 You can leave a review by choosing a one to five star rating.
5.3 By leaving a review you acknowledge that:
5.4 Similarly, you accept that a Owner can leave you a review and you acknowledge that:
5.5 Borobear reserves the right to remove reviews that violate the Terms.
6.1 By requesting to borrow storage space from another user; which includes but is not limited to; garages, lofts, attics, rooms, storage units, studios, driveways; you agree and warrant that:
You should read these rules carefully before using the Borobear Service to rent an item (and therefore become a “Owner”). By using the Borobear Service as a Renter, you are agreeing to these rules (the “Owners’ Rules”) as well as the Terms (found here https://borobear.com/terms-of-service).
1.1 Borobear is a platform for Renters (a “Renter”) to find items to rent from Owners. The Borobear Service enables Renters to enter into transactions with Owners to rent these items, but it is important to remember that Borobear is not part of that transaction (the “Transaction”).
1.2 By signing up to Borobear you are acknowledging that:
2.1 You can communicate directly with Renters on the Borobear Service by using the “Message Owner” feature. This is a good way to find out more information about the person who is looking to rent your item. However, you may not use this feature for the following:
3.1 By offering to lend an item you agree and warrant that you:
4.1 Users come to Borobear to find all sorts of items, and you are free to list almost anything. However, for some reasons, we have to prohibit certain items from being rented through the Borobear Service. This may be for legal reasons, or to protect our users and the spirit of Borobear as a business.
4.2 The following types of items are prohibited or restricted on Borobear:
4.3 Policy decisions are complex, and though we will try and avoid this as much as possible, we reserve the right to remove any other items from the Borobear Service if we feel that, for whatever reason, it is inconsistent with our values.
5.1 When you have lent an item using the Borobear Service, Borobear encourages you to leave a review, as it helps Renters to build a good reputation, or warn other users about a poor experience.
5.2 You can leave a review by choosing a one to five star rating.
5.3 By leaving a review you acknowledge that:
5.5 Borobear reserves the right to remove reviews that violate the Terms.