Welcome to CLiQUERS! We operate a rental and sales marketplace which allows you to rent/buy and lend/sell items using our website. Have a good time, and remember our house rules!
1.1 Welcome to the CLiQUERS platform (the 'Site'). We'll refer to our website and other services as our "Services", and CLiQUERS will be addressed individually or collectively as "CLiQUERS", "we", "us", or"our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'. These terms constitute a legally binding agreement between you and CLiQUERS in relation to our provision of the CLiQUERS service to you. Capitalized terms which are defined in either the Renters' Rules or Item Owners' Rules and not defined in these terms shall have the same meaning as set out in the relevant rules.
1.3 When you register for a CLiQUERS account (including when you register through a third party application or service) or otherwise access or use the CLiQUERS service including for the purpose of posting an advertisement, you are accepting these Terms:
1.3.1 When using the CLiQUERS service as a Renter?Buyer, you promise that you will comply with the Renters/Buyers' Rules; and
1.3.2 When using the CLiQUERS service as an Seller/Item Owner, you promise that you will comply with the Sellers/Item Owners' Rules
1.4 Our"Services" include (a) the site, (b) the services provided by the site,(c) all information, linked pages, features, data, text, images, photographs,graphics, music, sounds, video, messages, tags, content, programming, software,application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description,reviews, comments, videos etc.
1.5 Our services include an online platform service that provides a place and opportunity for the Sale/Rent of goods between the Buyer/Renter ("Renter") and the Seller/Item Owner ("Item Owner"), collectively known as"Users" or "Parties".
1.5.1 CLiQUERS role is an intermediary only in respect of any transactions entered into between parties through the CLiQUERS service.
1.5.2 The actual contract for a sale/rent is directly between the Renter/Buyer and the Item Owner/Seller. We are not a party to that contract or any other contract between Renter/Buyer and Item Owner/Seller. Parties to the transaction will be entirely responsible for the Rental Agreement/Sales Contract between them in accordance to the listing of goods, warranty of purchase and like.
1.5.3 As such, we accept no obligations in connection to these contracts. CLiQUERS cannot be held responsible for, and, to the maximum extent permitted bylaw, excludes liability for, the conduct of users of the CLiQUERS service.
1.5.4 We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5.5 You acknowledge that in its capacity as an operator of the CLiQUERS service and an intermediary in any transactions carried out through the CLiQUERS service, CLiQUERS has the discretion to cancel any listing posted by a Seller/Item Owner, any request to Buy/Rent an item submitted by a Buyer/Renter,or any transaction, upon the provision of written notice to the parties involved, if it reasonably believes such listing, request or transaction does not comply with these Terms, the Renters' Rules or the Item Owners' Rules.
1.6 Using CLiQUERS Service as an Item Owner/Seller
1.6.1 When you agree as an Item Owner/Seller to lend/sell an item to a Renter/Buyer, you acknowledge that you are entering into a separate contract with the Renter/Buyer and that such contract with the Renter/Buyer includes a promise by you to comply with the Item Owners/Sellers' Rules and these Terms.
1.6.2 You also acknowledge that the Renter/Buyer is in no way acting under the control, or on behalf of CLiQUERS, that your agreement to lend/sell any item to the Renter/Buyer is solely with the Renter/Buyer, and you agree not to make any claim or assertion that CLiQUERS is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Renter.
1.6.3 You agree that you are solely responsible for your compliance with the Item Owners/Sellers' Rules, fully liable for any non-compliance with the Item Owners/Sellers' Rules and any compensation due to the Renter/Buyer in respect of any such non-compliance, including that the item offered for rental/sale matches the description in your listing. You further acknowledge that CLiQUERS does not have : (i)any responsibility for your compliance with the Item Owners/Sellers' Rules; (ii)any obligation to underwrite any liability you may have for non-compliance; (iii) any obligation to compensate the Renter /Buyer for any breach of your agreement with the Renter/Buyer in any way.
1.7 Using CLiQUERS Service as a Renter/Buyer
1.7.1 When you agree as a Renter/Buyer to Rent/Buy an item from an Item Owner/Seller, you acknowledge that you are entering into a separate contract with the Item Owner/Seller and that such contract with the Item Owner/Seller includes a promise by you to comply with the Renters/Buyers' Rules and these Terms.
1.7.2 You also acknowledge that the Item Owner/Seller is in no way acting under the control,or on behalf of CLiQUERS, that your agreement to Rent/Nuy any item from the Item Owner/Seller is solely with the Item Owner/Seller, and you agree not to make any claim or assertion that CLiQUERS is in any way liable or responsible for any loss or liability suffered by you in relation to any act or omission by the Item Owner/Seller.
1.7.3 You agree that you are solely responsible for your compliance with the Renters/Buyers' Rules and any compensation due to the Item Owner/Seller in respect of any such non-compliance, including the loss or damage to the item which you have rented. You further acknowledge that CLiQUERS does not have: (i) any responsibility for your compliance with the Renters/Buyers' Rules; (ii) any obligation to underwrite any liability you may have for non-compliance, or (iii) any obligation to compensate the Item Owner/Seller for any breach of your agreement with the Item Owner/Seller in any way.
1.8 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.9 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (i) comply with all applicable personal data protection laws, (ii) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
2.3 You also agree to receive direct electronic messaging marketing communications from us unless you tell us that you prefer not to receive such communications.
3.1 You'll need to create an account with us to use some of our Services. Here are a few rules about accounts with us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. All information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. CLiQUERS will not be responsible for any losses suffered by you in circumstances where your account is used by someone else.
We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of CLiQUERS and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror,frame or create derivative works without our prior written consent.
5.1 Content that you post using our Services is your content. This includes usernames, shop names,profile pictures, listing photos, listing descriptions, reviews, comments,video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it. You agree to compensate CLiQUERS for any losses that CLiQUERS suffers as a result of any breach by you of any of the promises made by you in these Terms.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide,royalty-free, irrevocable, sub-licensable, perpetual license to use, display,edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If CLiQUERS becomes aware that any of Your Content does not,in our reasonable opinion, comply with the Terms, you acknowledge that CLiQUERS may remove it, without liability.
You agree to not post any content that is abusive, threatening,
defamatory, obscene, vulgar or otherwise offensive or in violation of
our Prohibited Items/Services section. You also agree not to post any
content that is false, misleading or uses the Services in a manner that
is fraudulent or deceptive. Although CLiQUERS has rules for the posting and uploading of Your content, the features of CLiQUERS Service may be misused and sometimes Your content can still be posted
that is misleading or deceptive. You should not therefore rely on any
other user's content ("User Content") being accurate or complete. You
accept that if you do rely on any User Content which has been posted or
uploaded, you do so at your own risk.
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services.You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you. You agree to comply with the restrictions on your use of CLiQUERS as set out in these Terms.
6.2 You are responsible for paying all fees that you owe to us which is 5% of every completed transaction on the platform, 6 months after signing up. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
6.6 As a condition of your use of CLiQUERS Service, you agree that you will not:
6.6.1 Breach any applicable laws;
6.6.2 Breach any of the Terms;
6.6.3 Breach the Item Owners/Sellers' Rules, when acting as an Item Owner/Seller;
6.6.4 Breach the Renters/Buyers' Rules, when acting as a Renter/Buyer;
6.6.5 Post any threatening, abusive, defamatory, obscene, inappropriate or indecent material;
6.6.6 Post or otherwise communicate any false or misleading material or message of any kind;
6.6.7 Use CLiQUERS Service to intentionally deceive other users;
6.6.8 Infringe the rights of any third party;
6.6.9 Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the CLiQUERS Service;
6.6.10 Distribute spam, chain letters, or promote pyramid schemes;
6.6.11 Distribute any viruses or any other technologies that may harm CLiQUERS orthe interests or property of CLiQUERS users;
6.6.12 Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of CLiQUERS;
6.6.13 Copy, modify or distribute any other person's content without their consent;
6.6.14 Use any robot, spider, scraper, or other automated means to access CLiQUERS and/or collect content for any purpose without our express written permission;
6.6.15 Harvest or otherwise collect information about other users,including email addresses, without their consent;
6.6.16 Copy, modify, or distribute rights or content from CLiQUERS Service,services, applications or tools or CLiQUERS copyrights and trademarks;
6.6.17 Bypass security measures used to prevent or restrict access to CLiQUERS;
6.6.18 Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
6.6.19 You agree to compensate and defend CLiQUERS against any claims or legal proceedings brought against CLiQUERS by any other person as a result of your breach of these Terms;
7.1 Currently we support Credit Card and Paypal payments and Bank Transfer only.
7.2 All rental/sales on the platform are binding. The Item Owner/Seller is obligated to complete the transaction with the Renter/Buyer in according to the rental/sales terms and condition and rental/sales agreement of the listing or as agreed between the parties
8.1 The Item Owner/Seller will pay us a 5% commission on the total transaction amount received by the Item Owner/Seller (including taxes, if any) excluding other charges indicated by the owner/seller i.e. security deposit, 6 months after signing up. Should there be changes in the commission %, the item owner/seller will be duly notified by CLiQUERS before the new rates are effected. Note that CLiQUERS has the full authority to change the commission rate without need of approval from any item owner/seller or renter/buyer signed up in the CLiQUERS marketplace.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your Renter's/Buyers' location. This is on top of the service commission that we charge.
9.1 Item Owners/Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items for rent/sale are determined by the Item Owner/Seller at his/her own discretion.The price of an item and shipping charges may include any additional charges such as sales tax, value-added tax, tariffs etc. This will either be imputed as part of the total sales price or can be defined by the Item owner as add-ons of the listing at his/her discretion.
9.3 Item Owners/Sellers are obligated to deliver items/services as described in a prompt manner or as per the rental/sales terms & conditions of the listing, unless there is an exceptional circumstance. If there are any exceptional circumstances, the Item Owner/Seller is obliged to contact the Renter/Buyer to inform them of any delays or inability to complete the transaction.
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.1.1 If the item was not received, Renter/Buyer needs to make a report to the owner by contacting him/her directly. The item owner/seller should address your concern and provide updates on the delivery of the item and its tracking information. If you find that the owner’s response is unsatisfactory, you can log a dispute in PayPal's dispute resolution center. PayPal may require additional information about the transaction including chat history, photos of the items and the rental terms and conditions. You should always communicate through the CLiQUERS website so that you would have the full audit trail of the transaction.
10.1.2If the item condition has significant discrepancies from what was stated in the item description, Renter/Buyer should contact the owner/seller directly. The owner/seller will address your concern and offer a solution, such as offering a replacement or trading for another item. If both Renter/Buyer and the Item Owner/Seller have agreed on returning the item & cancelling the booking, Renter/Buyer should take note of the following: Renter/Buyer must return the item in the exact same condition in which it was received. It is your responsibility as the renter/buyer to pay for the return cost of shipping. You, as the renter/buyer, need to pay for any customs charges incurred on the returned item. If you find the resolution provided by the owner/seller unsatisfactory, you can file for a refund in PayPal's dispute resolution center. PayPal may require information like the chat history, item description, photos of the item provided by both you, as a renter/buyer and the Item Owner/seller, and any other information about the item that you and the owner/seller have provided. You should always communicate through the CLiQUERS website so that you would have the full audit trail of the transaction.
11.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
11.2 We may revise the Terms of Service but the most current version will always be at this link.
11.3 We will try,where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
11.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
CLiQUERS is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Item Owner/Seller's responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Item Owner/Seller's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Item Owner/Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action
The following types of items are prohibited:
ii. Tobacco products, smokeable products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims.Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v. Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains, body parts and items made from human remains,except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
x. Items or listings that promote, support or seek to engage users in illegal activity
xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services not limited to prostitution
xvii. Pornography and adult material and services including, but not limited to,pornographic books, magazines, videos and pictures
xviii. Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabeled goods
And any other items illegal or restricted in the jurisdiction of the Buyer/Renter and/or the Seller/Owner or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.