Canada Federal Courts

Rev. 923D589

 

SUBSCRIBEIT  TERMS OF SERVICE

 

(Last Updated June 17th, 2019)

 

INTRODUCTION

 

To Comply With The EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR) That Was Enforced On May 25, 2018, And The New Law On Data Protection That Will Be Enforced Henceforth, The Subscribeit. Privacy Policy, Cookies Policy And The Subscribeit Terms Of Service Of The Said Services Will Be Revised.

 

Welcome to the Subscribeit  Website, www.subscribeit.net Which Are Owned And Operated By Subscribeit, A Canadian Corporation, And Its Affiliates (collectively, the “Site” blog”). THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

By accessing or using the site, mobile applications, or blogs (collectively, the “Sites”) provided by Subscribeit, or our SERVICES, subsidiaries or other affiliates including the Subscribeit and Subscribeit.net, (collectively, “Subscribeit,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites, or place orders, receive or use Services made available through the Sites (collectively, the “Services”). THESE TERMS APPLY TO ALL PURCHASES OF ANY SERVICES AND SERVICES FROM SUBSCRIBEIT AS WELL AS THE USE OF ANY MOBILE APPLICATIONS, EQUIPMENT’S, OR ITEMS AND PARTICIPATION IN ANY SERVICES.

 

PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.

 

Parties. The following Terms of Use and Privacy Policy, as well as any other guidelines, rules or operating policies that Subscribeit  may establish and post at the Site from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to as the "Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Site (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your”) and Subscribeit, Inc. (“Subscribeit ,” “we,” “our” and “us”).

 

Acceptance of Terms and Agreement to Be Bound

 

This Agreement shall commence on the date the products (more fully set out in the Schedule) ( “Product(s)”) are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to Subscribeit, unless terminated earlier or extended pursuant to the flexi tenure policy.

 

The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Site) or you are a "Registered User" (which means that you have registered to use the Site and have subscribed to use one or more of our Services). If you do not accept the terms of this Agreement, you are not permitted to use the Site and/or subscribe to the Services, and you are obliged to exit all of the Site and discontinue any and all use of the Site and the Services immediately.

 

MEMBERSHIP AND ELIGIBILITY

 

Use of the Website is available only to persons who can form legally binding contracts under the Canadian Laws. Persons who are "incompetent to contract" within the meaning of the Canadian laws including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Subscribeit website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Subscribeit reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Subscribeit's notice or if it is discovered that you are under the age of 18 years.

 

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

 

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

 

LEGAL INFORMATION

 

This SUBSCRIBEIT Agreement - T&C's is a contract between you and SUBSCRIBEIT INC, SUBSCRIBEIT is a Subscribeit registered in Canada. With Subscribeit registration no. 002696506, having its registered office at 1541 Lycee Pl, Ottawa, Ontario, Canada. K1G4E2, branded as SUBSCRIBEIT INC. ("WE"), and covers all SUBSCRIBEIT made pursuant to this Website.

 

Our website is hosted in Canada. They provide us with the online website that allows us to provide our services to you.

 

PRIVACY DATA

 

We may collect and store personal identifiable information about you when you visit the Site (“Personal Data”). This information may include, but is not limited to, details such as your name, address, telephone number (when you contact us for Copyright infringements), URL, domain name, I.P. address, Subscribeit name, job title or email address. We may use this information to contact you or your Subscribeit about various Services and information’s from time to time. We may also collect and store information about you to improve the Site and improve user interaction based on the information collected.

 

Any Personal Data that we collect will be processed in accordance with the principles of the EU Data Protection Act May 25th 2018 and our Privacy Policy. In the event of any conflict between these Terms and our Privacy Policy, the Privacy Policy will apply.

 

TENURE POLICY

 

Subscribeit provides its Customers, an option to opt for flexible tenure ( “Tenure”) for early closure and/or extension of the term of the Agreement. In case of early closure, the Customer can request for closing the order by informing Subscribeit, 2 (two) weeks prior to the closure date. Subscribeit provides its Customer with different monthly rental rates depending on the tenure of the Agreement at the time of order placement. In the event of early closure, the difference in monthly rental amount shall be calculated as per the monthly rental rates between Agreement tenure (the tenure selected at order placement) and Actual tenure served (effective tenure at early closure) will have to be paid. The minimum tenure for the Product shall be calculated as 3 months.

 

For extension of the term beyond the Agreement tenure by the Customer, the monthly rate applicable at the time of extension shall be followed for calculation of rental amount for the extension period. Any extension or early closure shall be done only through the Subscribeit website and such extension or early closure shall be deemed to be pursuant to this Agreement. Subscribeit reserves the right to revise the rental rates any time at its sole discretion.

 

CONTRACT SUBJECT

 

This agreement governs the rental and subsequent possible acquisition of new and used goods, the following "Goods", through the Website.

 

The hiring can also take place through the intermediary of a stationary dealer used by the Subscribeit as a distribution partner, hereinafter referred to as "cooperation partner". For this purpose, an online portal is used in the premises of the cooperation partner, which the Subscribeit makes available to the cooperation partner for the distribution of goods, hereinafter referred to as the "sales portal". Via the sales portal, the customer selects the product (s) available from the cooperation partner and submits a rental request. The customer then places the order using his smartphone via the website. Because of the details of the respective offer, reference is made to the presentation of the offer on the website, hereinafter referred to as "Offer Presentation", or in the sales portal used by the cooperation partner

 

ORDER CONFIRMATION

 

On receipt of the order and the Security Deposit, Subscribeit shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, Subscribeit shall inform the same to the Customer. Subscribeit reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Product, Subscribeit shall refund the Security Deposit paid by the Customer as per this Agreement.

 

The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer location as per Subscribeit Policy. In case the KYC verification is not successful, or the location is not serviceable by Subscribeit, Subscribeit reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by Subscribeit, the Security Deposit paid by the Customer shall be refunded to the Customer as per this Agreement.

 

PRICING

 

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. With respect to items sold by the Subscribeit, we cannot confirm the price of an item until you order it. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the Subscribeit is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

PAYMENT POLICY

 

The invoice shall be raised by Subscribeit on the 1st day of every month and the due date for payment shall be the 10th day of the month (“Due Date”). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fees shall be applied three times each month; 10% on the 11th day of the month, another 5% on the 18th day of the month and another 5% on 25th day of the month, the late fees shall be applied only on the pending amount. In case the Products are delivered any time during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month.

 

The Customer shall make all payments to Subscribeit only. Subscribeit shall not be liable for any payment made to any broker/third party by the Customer. Subscribeit reserves the right to share information with credit rating agencies pursuant to these terms of this Agreement. The Customer hereby agrees that non- payment of rental dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and Subscribeit shall not be liable for any claim from the Customer for sharing such information with credit rating agencies.

 

DELIVERY OR SHIPPING OF THE GOODS:

 

On confirmation of the order by the Customer, Subscribeit shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne by Subscribeit. The Customer shall be present at the location at the time of delivery agreed between Subscribeit and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to Subscribeit prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by Subscribeit. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Subscribeit shall charge an extra delivery cost to the Customer.

 

(i.)                    When ordering via the website:

(ii.)                  If the order of the goods via website, the goods will be shipped only when the customer has paid the first monthly rent. As long as the condition of the successful first payment is not met, Subscribeit is entitled to retain the goods. For the period between shipment of the goods and their delivery to the customer no user fee is payable. The paid rent begins only with delivery of the goods to the customer.

(iii.)                 When ordering through the intermediary of a cooperation partner: If the order of the goods through the intermediation of a cooperation partner, the goods will be handed over to the customer after conclusion of the contract and payment of the first monthly rent by the cooperation partner. In the case of corporate customers, the delivery is made exclusively to the authorized representative. With delivery of the goods the rented rent begins.

 

Subscribeit shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, Subscribeit shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, Subscribeit shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.

 

DAMAGE POLICY

 

The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay Subscribeit the market price of the Product. Minor scratches and chipping (depending on size) to wooden furniture shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day.

 

Subscribeit shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by Subscribeit , then a penalty may be levied as per the policy of Subscribeit. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.

 

A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.

 

COMMUNICATIONS

 

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

SECURITY DEPOSIT

 

In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and the settlement amount is confirmed, we'll initiate the refund process and Customer will receive it in their source account within 7-10 working days. Subscribeit shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Subscribeit via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Subscribeit website, prior to the pickup of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.

 

In case any damage is found in any Product, Subscribeit shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), Subscribeit  shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.

 

ACQUISITION OF THE LEASED PROPERTY

 

If offered by the Subscribeit, the customer can at the conclusion of the lease by the Subscribeit to grant the right to purchase the goods at a later date on the website, hereinafter "purchase option".

 

  1. a.     Purchase price: The purchase price results from the presentation of the offer on the website or in the sales portal. The purchase price is understood to be the gross price including the statutory value added tax valid at the time of the order. The shipping costs are calculated separately. If the customer makes use of the purchase option, the rent paid by the customer until the exercise of the purchase option is partially offset against the purchase price as stated in the offer presentation.
  2. b.    Conclusion of the purchase contract: The customer only makes a binding offer to conclude a purchase contract for the goods by clicking on the "buy now" button. Previously, the details of his order are displayed to the customer in an overview. With the help of change buttons, the customer can correct the information. After checking the order, the customer will receive an e-mail from the supplier confirming the purchase of the selected goods, hereinafter referred to as "purchase confirmation". The confirmation of purchase will be sent by Subscribeit in substitution of the supplier. Upon receipt of this purchase confirmation, the purchase contract is concluded.
  3. c.     Terms of payment and delivery: The customer is obliged to pay in advance, whereby only the means of payment mentioned in this terms (1) are available to him. The payment is due immediately after the conclusion of the purchase contract. The terms of delivery specified in these T&C apply.

 

LINKS TO THIRD PARTY SITES


Links to third party sites are provided on Web Site as a convenience to User(s). User(s) acknowledge and agree that SUBSCRIBEIT does not have any control over the content of such websites and/ or any information, resources or materials provided therein.

SUBSCRIBEIT may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). SUBSCRIBEIT advises its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that SUBSCRIBEIT has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.

 

SERVICE

 

Subscribeit shall provide the service for the Product during the term of this Agreement. In case any service is required for the Product, the Customer shall raise the request for the service, however, Subscribeit shall try to resolve the issue over call, in case the same is not resolved, Subscribeit shall send its representative within 2-5 days from the date service request raised by the Customer to assess the service requirement of the Product, in case the issue cannot be resolved at the Customer Premises, Subscribeit representative shall pick up the Product from the Customer and shall deliver a temporary basic product to the Customer. As Subscribeit is not an authorized service Subscribeit of the Product manufacturer, Subscribeit shall submit the Product with the authorized service center of the manufacturer and shall inform the duration required for service to the Customer. Once the original Product is repaired, Subscribeit shall deliver the original Product to the Customer and shall collect the product from the Customer.

 

The Customer shall be liable to pay for any quality assessment check (QC) cost incurred by Subscribeit or any service charges incurred by Subscribeit for the service. In case of manufacturing defect, the Customer shall not be liable to pay the charges for such service. Any service arising out of damage as per clause 8, the Customer shall be liable to pay for such damage.

 

In case the service of the Product is due to manufacturing defect, the Customer shall be charged the monthly rentals on a pro rata basis for the number of days the Product is used by the Customer. In case the service of the Product is required due to the damage done by the Customer, then the Customer shall be liable to pay the monthly rentals for the entire duration in which the Product was in service and the damages charges as per this terms, however, in case the service period exceeds 30 days, the Customer shall not be liable for the duration in which the Product was under service.

 

START OF LEASE, DURATION OF CONTRACT, TERMINATION

 

If the customer has rented the goods via the website, the term of the rental begins with delivery of the goods to the customer, hereinafter "delivery", if the term is extended with the next due monthly payment, upon conclusion of the lease with the help of a cooperation partner with delivery of the goods to the customer or the authorized representative by the cooperation partner. The goods shall be deemed to have been delivered within the meaning of this provision if the supplier commissioned by the supplier has delivered the goods to the customer.

Subject to the provision made in these terms and conditions for the rental of drones, the term of the contract and the right of termination depend on the choice of the customer when placing the order.

 

UNLESS OTHERWISE AGREED, THE FOLLOWING APPLIES:

 

a)    In the case of a specific minimum term: The contract will be concluded for the duration specified in the order. The parties have the right to terminate the contract with one month's notice to the end of the contract without stating a reason. If the parties do not make use of this right to terminate the contract, the contract is automatically renewed indefinitely with a possibility to terminate the terms and conditions of "pay as you go" described under

b)    In the case of an indefinite contract term, so-called "pay as you go": The contract is concluded for an indefinite period. Both parties have the right to terminate the contract on a monthly basis without stating reasons. The right to extraordinary termination for cause remains unaffected. The Subscribeit is in particular but not exclusively entitled to extraordinary termination, in cases of

 

Rent

-       late payment with two successive user fees;

Purchase

-       late payment of the user fee, if the customer has already been warned or reminded because of repeated payment delays;

-       enforced attachment or other enforcement measures directed against the customer or judicial or extra-judicial insolvency proceedings opened against the customer;

-       the unauthorized release of the goods to third parties;

-       the significant risk to the goods due to lack of care or improper and unlawful use; or

-       for other important reasons on the part of the Subscribeit.

 

If between the offerer and the customer several tenancy agreements exist and the offerer is entitled to extraordinary termination without notice of a lease for good cause, he can terminate the other tenancy agreements extraordinarily without notice, if he does not maintain the other tenancy contracts due to grossly wrongful behavior of the customer reasonable.

 

This is especially the case if the customer

 

  • deliberately damages a rental object;
  • culpably conceals or attempts to conceal the vendor from damage caused to the leased property;
  • deliberately inflicts damage on the Subscribeit; or
  • uses a rental property in or for the commission of intentional crimes.

 

Termination requires the text form. The customer can also terminate the contract online in the customer portal by pressing the button "request return label" and subsequent return of the goods. The termination becomes effective with access to the Subscribeit. If the Subscribeit terminates a rental agreement, the customer is obliged to return the rented items with all accessories to the Subscribeit without delay. Prepayments will not be refunded, regardless of when the customer returns the device.

 

USE OF THE WEBSITE

 

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

a)    You shall not host, display, upload, modify, publish, transmit, update or share any information which:

b)    belongs to another person and to which You does not have any right to;

c)     is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

d)    is misleading in any way;

e)    is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

f)     harasses or advocates harassment of another person;

g)    involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

h)    promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

i)      infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

j)      promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

k)    contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

l)      provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

m)  provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

n)    contains video, photographs, or images of another person (with a minor or an adult).

  • o)    tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

p)    engages in commercial activities and/or sale/rents without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Subscribeit's prior written consent means a communication coming from Subscribeit's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

q)    solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

r)     interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

s)     refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

t)     harm minors in any way;

u)    infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale/rent of counterfeit or stolen products;

v)    violates any law for the time being in force;

w)  deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;

x)    impersonate another person;

y)    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

z)    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

aa) shall not be false, inaccurate or misleading;

 

INDEMNIFICATION

 

The Customer shall indemnify, defend and hold Subscribeit harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by Subscribeit negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Subscribeit be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.

 

RETENTION OF TITLE

 

Subscribeit and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer.

a)    in the case of permanent rental,

b)    on purchase until full payment of the purchase price.

 

INSPECTION

 

Subscribeit reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. Subscribeit shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Subscribeit is provided with proper access to all the Products/premises for inspection.

 

RELOCATION

 

In case the Customer wishes to relocate or remove the Product(s) from the registered address, a request shall be made to Subscribeit 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, Subscribeit shall remove or relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Subscribeit, the same shall be treated as early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.

 

ACCOUNTABILITY OF THE CUSTOMER AND REDUCTION OF THE EXCESS

 

The use has to be done carefully as usual while minimizing the expected damage. In the event of any damage or other impairment of the rental object during the rental period, the customer is obliged to inform the Subscribeit immediately in writing about all details of the event that led to the damage of the object. In the event of damage to the goods and other injuries to the rental contract concluded between the customer and the Subscribeit, the customer shall always be liable in accordance with the statutory provisions. If the customer is then obliged to pay damages to the Subscribeit, his excess for each case of damage - unless otherwise agreed - is reduced to 50% of the damage incurred

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE SUBSCRIBEIT SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUBSCRIBEIT SERVICES ARE PROVIDED BY SUBSCRIBEIT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE SUBSCRIBEIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SUBSCRIBEIT SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUBSCRIBEIT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SUBSCRIBEIT SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE SUBSCRIBEIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SUBSCRIBEIT DOES NOT WARRANT THAT THE SUBSCRIBEIT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SUBSCRIBEIT SERVICES, SUBSCRIBEIT'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SUBSCRIBEIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE SUBSCRIBEIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SUBSCRIBEIT SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER

SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SUBSCRIBEIT SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DMCA COPYRIGHT POLICY

 

Here’s What Happens If Somebody Thinks Something Infringing Is Posted to the Site or Services.

In Accordance With The Digital Millennium Copyright Act (The “DMCA”), Subscribeit Has Adopted The Following Policy Toward Copyright Infringement On The Services. If We Believe a User May Be Infringing upon Someone’s Intellectual Property Rights, We May Remove The Material. If We Believe Someone Is Repeatedly Infringing, We Will Terminate That Person’s Access Rights. If You Believe Someone Has Posted On The Services A Work That You Own Without Your Authorization, Please Send A Notice Of Copyright Infringement Containing The Following To Our Designated Agent (Whose Contact Information Is Below):

 

  • Identification Of Works Or Materials Being Infringed;
  • Identification Of The Material That Is Claimed To Be Infringing Including Information Regarding The Location Of The Infringing Materials That The Copyright Owner Seeks To Have Removed, With Sufficient Detail So That We Are Capable Of Finding And Verifying Its Existence;
  • Your Contact Information, Including Address, Telephone Number And, If Available, E-Mail Address;
  • A Statement That You Have A Good Faith Belief That The Material Is Not Authorized By The Copyright Owner, Its Agent, Or The Law;
  • A Statement Made Under Penalty Of Perjury That The Information Provided Is Accurate And You Are Authorized To Make The Complaint On Behalf Of The Copyright Owner; And
  • A Physical Or Electronic Signature Of A Person Authorized To Act On Behalf Of The Owner Of The Copyright That Has Been Allegedly Infringe.

 

Please Contact The Designated Agent To Receive Notification Of Claimed Infringement

 

TAKE-DOWN NOTICES UNDER THE DMCA COPYRIGHT INFRINGEMENT

 

Subscribeit Will Receive And Evaluate Notices Of Copyright Infringement And Take Appropriate Actions Under THE DIGITAL MILLENNIUM COPYRIGHT ACT, TITLE 17, US Code, Section 512(C)(2) (“DMCA”). Written Notices Of Claimed Copyright Infringement Must Be In Strict Compliance With All Terms And Conditions Of The DMCA And Must Be Submitted According To The Procedures Set Forth In The DMCA To The Following Designated Agent For Subscribeit:

 

Name Of Agent Designated To Receive Notification Of Claimed Infringement On Behalf Of Subscribeit, Inc.: Director Of Content Acquisition And Content

 

Full Address Of Designated Agent To Which Notification To Subscribeit Should Be Sent:

 

Email Of Designated Agent: Suryakoritala@subscribeit.org

 

HOW TO USE DRONES EQUIPMENT

 

When using drones, the legal requirements for the use of drones must be observed as well as the operating instructions of the manufacturer.

 

The customer must ensure that he

  • has a lift permit, as far as this is required by the DRONE manufacturer
  • has sufficient liability insurance for the use of the drone;
  • complies with the legally permitted ascent height for drones;
  • obeys regulations prohibiting the operation of drones in certain locations and zones and situations;
  • observes the care required in traffic, in particular, but not exclusively, to control the drone only in sight, to refrain from using drones over clusters of people and in adverse weather conditions, to stop a drone under the influence of alcohol, and to use children allowed by drones only under supervision; and
  • Complies with data protection regulations in the production, publication and distribution of image and film recordings using drones and observes the personal rights concerns of the persons depicted.

 

The Subscribeit expressly points out to the customer that, as far as the customer uses the drone for commercial purposes, the drone is an aircraft, with the result that the customer, due to his exclusive power of disposal over the drone as a keeper, is a strict no-fault liability meets and the conclusion and proof of a liability insurance is legally obligatory. The customer is solely liable for damages resulting from non-compliance with the legal provisions and the improper use of the drone.

 

 

TRADEMARK, COPYRIGHT AND RESTRICTION

 

This site is controlled and operated by Subscribeit and products are rented by us. All material on this site, including images, illustrations, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

APP PERMISSIONS

 

When you use apps created by the Subscribeit, such as the Subscribeit App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. SANCTIONS AND EXPORT POLICY You may not use any Subscribeit Service if you are the subject of U.S. and/or Canadian sanctions or of sanctions consistent with U.S. and Canada law imposed by the governments of the country where you are using Subscribeit Services. You must comply with all U.S. and Canada or other export and re-export restrictions that may apply to goods, software (including Subscribeit Software), technology, and services.

 

ASSIGNMENT

 

The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of Subscribeit. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Subscribeit reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.

 

RETURN OF THE RENTAL OBJECT

 

The lease will ends at the end of the agreed contract terms or by notice at the specified time agreed. The customer is obliged to return the goods including accessories to the address specified by the provider. The customer must return the item in the condition in which he accepted it. If the customer continues to use the object after expiry of the rental period agreed so far, the tenancy shall be deemed prolonged for another month, unless provider objects. If the customer returns the item undamaged and in full, and the seller notes the same condition category as at the time of shipment to the customer, the customer may receive benefits in the form of reductions and other credits. The provider will inform the customer about this separately. However, there is no entitlement to such benefits

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL SUBSCRIBEIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

 

PRIVACY POLICY

 

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with EU GDPR Data Protection Regulation Axt 1998 and May 25th, 2018 and Rules there under. Our current Privacy Policy is available at /pages/privacypolicy. If you object to Your Information being transferred or used in this way please do not use Website.

 

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information? Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.Subscribeit.com or with third party merchant's or third party merchant's website. For More Information Please Visit Our Privacy Policy Page

 

DATA PROTECTION POLICY

 

This Policy Intends To Provide The Visitors Of (Hereinafter: Website) With Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To Data Processing.

 

PRIVACY, SECURITY COMPLYING WITH THE EU GDPR DATA PROTECTION ACT

 

Subscribeit Is Committed To Protecting The Privacy Of Your Personal Information And That Of Our Users. By Using The Subscribeit Services, You Acknowledge And Agree That Subscribeit Collection, Usage And Disclosure Of This Personal Information Is Governed By Our Terms And Copyright Policy. Additionally, If: (A) You Are Established In The European Economic Area (Eea); (B) You Provide Goods Or Subscribeit  Services To Users In The Eea; Or (C) You Are Otherwise Subject To The Requirements Of The Eu General Data Protection Regulation, Subscribeit ’s Collection And Use Of Personal Information Of Any European Residents Is Also Subject To Our Data Processing Addendum.

 

We Collects And Uses Personal Data Of Users To The Extent That Is Necessary For The Creation, Of Services Or Modification Of The Contractual Conditions For Subscribeit  Website Between The User And Subscribeit  Site

 

ENTIRE AGREEMENT

 

This Agreement (together with the Service agreements) constitutes the entire agreement between Subscribeit and the Customer. The acceptance of this Agreement also signifies the acceptance of the Customer, to the terms and conditions on the Subscribeit website (including privacy policy).

 

CHOICE OF LAW AND GOVERNING LAW

 

This Agreement And The Relationship Between You And Subscribeit Shall Be Governed By The Canada Federal Courts Without Regard To Its Conflict Of Law Provisions, Including That Required By The EU General Data Protection Regulation (GDPR) And Of Every Country Or Legal Jurisdiction In Which We Aim To Do Business. If You Think It Fails To Satisfy The Law Of Your Jurisdiction, We Should Like To Hear From You. However, Ultimately It Is Your Choice As To Whether You Wish To Use Our Website. You And Subscribeit Agree To Submit To The Personal And Exclusive Jurisdiction Of The Courts Located Within Canada and its County.

 

These Terms Of Service Shall Be Governed By And Construed In Accordance With The Laws Of US And You Hereby Submit To The Exclusive Jurisdiction Of The Federal Courts in Canada. This Will Not Prevent Us From Pursuing A Claim For Breach Of Contract, Copyright Infringement Or Otherwise In Respect Of These Terms And Conditions In Any Other Jurisdiction Throughout The World.

 

COPYRIGHT NOTICE

 

Copyright © 2019 SUBSCRIBEIT INC. Canada. All Rights Reserved.

 

Any Rights Not Expressly Granted Herein Are Reserved.

 

Notices And Questions

 

If You Have Any Questions Regarding This Agreement, Please Contact Us By Email At Suryakoritala@subscribeit.org. Except As Otherwise Specified Elsewhere In This Agreement, Notices To Subscribeit Inc  May Be Given At The Foregoing Email, And Notices To You May Be Given At The Address Provided To Us At The Time Of Registration And/Or The Purchase Of Goods And Services From Subscribeit Inc .