This section is a brief summary of the highlights of this Agreement. Know that when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.
Simply by using SewaToday, including browsing the website, you are agreeing to our Terms, so please read carefully. We may change the terms of this Agreement from time to time, and those changes are up to us. If you continue to use SewaToday after our changes, that means you agree to our new terms.
Remember that we merely facilitate connections between Renters and Rentees (each defined below) and are not a party to those agreements between Renters and Rentees, except that we may serve as a limited agent to collect the payment of Rentals on Renters’ behalf and report damaged or stolen Gear. When you use SewaToday to rent Gear, you are entering into a binding legal agreement with the Rentee or Renter to pay for the rental or provide the requested Gear, as applicable.
We make no warranty about the quality of the Gear and will not be held liable for any cost, loss, or damage that arises from any transaction (to the extent permitted by law).
Please remember to always exercise good judgment when communicating with other users either on or off SewaToday.
Both you and SewaToday have the right to stop the use of our Services, or to delete your account at any time, but certain provisions of this Agreement will still apply. For example, any disputes you may have with us based on your use of SewaToday, even after your account is deleted, will be governed by this Agreement.
“Gear” shall mean a piece of equipment available by an Renter to Rentees for rent through SewaToday as described in any Rental Listing, including accompanying accessories and, if specifically indicated, any consumables included therewith. As context requires, Gear may also refer generally to all Gear available on SewaToday.
“Member Feedback” shall mean user feedback on SewaToday about a Rental Transaction or a party to a Rental and the mechanism through which that feedback is delivered.
“Renter” shall mean a party with Gear for rent on or via SewaToday.
“Rental Contract” shall mean an agreement between a Renter and a Rentee for a Rental specifying the Rental Period and the Rental Payment. The Rental Contract includes: (i) the Rental Terms, (ii) any variation of the Rental Terms as we may provide from time to time; and (iii) any additional terms agreed upon between the applicable Renter and Rentee of Gear to facilitate a Rental through SewaToday.
“Rental Listing” shall mean information published by an Renter on SewaToday in connection with a specified piece of Gear.
“Rental Payment” shall mean a payment made from a Rentee to a Renter for Gear rented subject to a Rental.
“Rental” shall mean a rental of Gear between a Renter and a Rentee granting Rentee the right to use such Gear for a fixed amount of time in exchange for the Rental Payment.
“Rental Period” shall mean the fixed period of time during which there is a Rental between a Renter and a Rentee pursuant to a Rental Contract.
“Rentee” shall mean a party who rents Gear, pursuant to a Rental Contract, through SewaToday.
SewaToday is an online marketplace designed to connect Renters and Rentees. Because all Rentals are directly between Renters and Rentees, we cannot and do not have control over the quality, timing, safety, legality, integrity, actions, or omissions of any Renters or Rentees. We also do not have control over:
The truthfulness or accuracy of the Rental Listings;
The ability of Renters to rent the Gear listed; or
The ability of Rentees to rent or pay for the rental of any Gear.
When using our Services, know that there is no guarantee that the parties will comply with any terms of the applicable Rental Contract.
SewaToday.Sdn.Bhd is not liable for a User’s deceptive or fraudulent acts, voluntary parting of the Gear, theft of Gear, or any other loss caused by a User’s deceptive or fraudulent acts through SewaToday. SewaToday may, in its sole discretion, choose to work with law enforcement and any insurance companies involved, and cooperate with any investigation and produce information about the incident and the parties involved.
You must be at least 18 years old to use our Services. If you are under 18 years old and would like to use SewaToday, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.
We operate in Malaysia, and we provide SewaToday for use only by Users located in Malaysia. Furthermore, SewaToday is hosted in Malaysia. As such, we make no representation that SewaToday is appropriate or available for use outside Malaysia. Users who access SewaToday or any part thereof from outside Malaysia do so at their own risk and are responsible for compliance with applicable local laws. For the avoidance of doubt, Users accessing SewaToday from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from Malaysia laws, are advised that through their continued use of SewaToday, which is governed by Malaysia law, consent to transferring their personal information to Malaysia.
By using SewaToday, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria in our sole discretion.
Subject to your compliance with these Terms, we grant you a limited, non-transferable license to use our Services only for your own personal use and not for the use of any third party (unless you are a parent or legal guardian using the Services for your minor child). If you are signing up for our Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to this Agreement.
Your Account With SewaToday
You don’t need to create an account on SewaToday in order to browse for Gear. However, you’ll need to create an account with SewaToday in order to enter into any Rental Booking. To create an account, you will need to provide us with your first and last name, email address, a password and other information. Here are a few common sense rules and acknowledgements that we ask you comply with and understand when you create an account:
Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or to impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people (e.g., if you’re renting Gear as a collective), then the person whose billing information is on the account will 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. Your accounts are not transferable. You are solely responsible for any activity on your account, so it’s important to keep your account password secure.
Be clear about our relationship. Except as explicitly stated in this Agreement, creating an account with SewaToday or using our Service does not create an agency, partnership, joint venture, employment, or franchisee relationship with us. No confidential, fiduciary, contractually implied, or other relationship is created with us other than pursuant to these Terms.
Passwords. You’re responsible for safeguarding the password that you use to access SewaToday and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot, and will not, be liable for any loss or damage arising from your failure to comply with the above.
Please contact [email protected] to answer any questions you have about registering an account with SewaToday.
Upon receipt of a Rental confirmation from SewaToday, a legally binding agreement is formed between the Renter and Rentee, subject to any additional terms and conditions detailed in the Rental Listing, as well as the terms and conditions of the Rental Terms.
If you are a Renter, you understand and agree that we do not act as an insurer or as your contracting agent. By entering into a Rental as a Renter, any agreement you enter into with such Rentee is between you and the Rentee, and SewaToday is not a party to it. Notwithstanding the foregoing, you hereby appoint SewaToday as your limited agent for the purpose of collecting the Rental Payments from Rentees, and you understand that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Rentees. In accepting appointment as the limited collection agent of the Renter, we assume no liability for any acts or omissions of the Renter. As a Renter, you further agree to appoint SewaToday as a limited agent to purchase and provide you insurance coverage, and to report your Gear as stolen (in our sole discretion).
Please note that, even though we have certain protections in place to maximize coverage for lost or damaged Gear, short-term insurance and damage coverage facilitated by SewaToday typically will NOT cover a Rentee’s fraud or failure to return rented Gear (called “voluntary parting” in the biz). By using our Services as a Renter, you acknowledge that there is always a possibility of complete loss that may not be covered by damage coverage or short-term rental insurance. We strongly encourage Renters to separately purchase an insurance policy that covers theft and voluntarily parting for the Gear they post on SewaToday.
Fees and Billing
Service Fees. For each rental, we charge a service fee (“Service Fee”) as follows: (a) 15% of the Gear’s advertised Rental price as listed on a Rental Listing (the “Listed Rental Price”) from Renters, and (b) 5% of the Listed Rental Price from Rentees. The Service Fee helps cover payment processing, member vetting, hosting, our damage and theft coverage, and other services to run SewaToday smoothly.
Responsibility for Paying Fees. Our Service Fee and any third-party processing fees will be deducted from the Listed Rental Price. Rentees will be responsible for paying the Rental Payment for the applicable Rental, which includes the Listed Rental Price, any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed, and any other applicable fees (as determined in our sole discretion). Once an Renter has accepted a particular Rental, the Rentee will be charged and hereby authorizes SewaToday to process the Rental Payment. Owner acknowledges and agrees that we will remit the Rental Payment to Renter within 1-3 days from the date the Rental Period for the applicable Rental begins.
Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid on a Rental (other than taxes on the Company’s income). Except as set forth in this Agreement, Renters will be solely liable for any taxes resulting from any Rental or use of SewaToday (including VAT, if applicable) and will be solely responsible to determine what taxes, if any, he or she must pay. Renters will be solely liable for any income taxes required to be paid on a Rental (other than taxes on the Company’s income).
Our Rights. We reserve the right to change the foregoing fees and agree to notify users of any changes in such fees prior to charging you. We also reserve the right, in our sole discretion (but not the obligation), to: (i) place on hold any Rental Payment for an indefinite period, or (ii) refund to a Rentee or Renter, from the funds paid by a Rentee or received by an Renter if we determine, in our sole discretion, that any impropriety has occurred in a Rental.
SewaToday’s Damage Coverage and Rental Insurance Policies