TERMS AND CONDITIONS

Lebanon

Last Updated 3 July 2023

Agreement to Terms

1.1 These Terms and Conditions, as amended from time to time, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Ajjerni, a Cayman Islands incorporated limited liability company with its designated address at Clara Formations (Cayman) Limited George Town Financial Center, Suite 306 90 Fort Street, PO Box 10061, Grand Cayman, Cayman Islands KY1-1001 (we, us, the Company), concerning your access to and use of the Ajjerni website (ajjerni.com – ajjerni.com/lb) (the Site) and/or application (the Application) .

The Site/the Application provides the following services: Ajjerni is a peer-to-peer renting marketplace where users rent to and from others (the Services). The Services thus consist of an online platform that provides a place and opportunity for renting goods to and from the users acting as Owner and Renter, as the case may be. The actual item rental contract (the “Contract”) is directly, exclusively, and solely entered into by and between the Owner and the Renter, whereas we are not a party to any such Contracts. You hereby expressly and irrevocably acknowledge and recognize that we are not a party to any such Contracts. Consequently, we accept no liability or obligations whatsoever in any way related or connected to these Contracts and we are not obligated to monitor any Contract nor resolve any disputes between users, parties to any Contract, nor grant any compensations whatsoever in respect to said Contracts. You further acknowledge that you are solely responsible for your interactions and exchanges with other users, including without limitation, any and all Contracts. Furthermore, the Services as defined hereabove are not restricted to tangible goods only; whereby a Contract may also govern transactions pertaining to tasks, know-how, and other diverse services as the case may be (the Tasks). Indeed, the online platform also provides a place and opportunity for soliciting and providing tasks between users acting as Service Provider and Client and the herein stipulated provisions shall also apply to such Contracts governing transactions pertaining to Tasks. Consequently, the present Terms and Conditions have been phrased based on a dual vocabulary mentioning on one hand Owners, Renters, Items and Rental Fees and on the other Service Providers, Clients, Tasks and Service Fees as both scenarios essentially mirror similar dynamics. When necessary, additional precisions have been incorporated to highlight the nuances tailored to each of those two situations, as the case may be.

You agree that by accessing the Site/the Application and/or the Services, you have read, understood, and agreed to be bound by all of these Terms and Conditions, as amended from time to time.

If you do not agree with all of these Terms and Conditions, as amended from time to time, then you are prohibited from using the Site/the Application and the Services and you must discontinue use immediately.

We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 Any supplemental policies, terms and conditions or documents that may be posted on the Site/the Application from time to time, are expressly incorporated by reference.

1.3 We may, at our own and sole discretion, make changes to these Terms and Conditions at any time, without notice. The updated version of these Terms and Conditions will be indicated by an updated revised date and the updated version will be effective as soon as it is accessible and shall henceforth supersede any and all previous versions. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site/the Application represents that you have accepted such changes without reservation. For the avoidance of any doubt, Contracts that have already entered into force under a previous version of these Terms and Conditions, shall remain governed by said version until their termination; whereby the updated version of the Terms and Conditions shall apply to Contracts entered into force as of the date on which said latest version became effective as per this present Section.

1.4 We may, at our own and sole discretion, update or change the Site/the Application from time to time to reflect changes to our Services, our users' needs and/or our business priorities or for any other reason whatsoever.

1.5 Our Site/Application can be accessed and viewed by people worldwide as it is the case with online platforms. In respect to the Site, depending on your geographic location when accessing said Site; you will be redirected to the relevant page allowing you to view the listings related to that specific country. For the time being, the Application is solely relevant to the Lebanese marketplace.

However, and notwithstanding the above, the present Terms and Conditions are directed to people residing in Lebanon and govern the particularities of said location. The information provided on the Site page www.ajjerni.com/lb and/or the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Site/the Application is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site/the Application or use the Services without parental permission.

Acceptable Use

2.1 You may not access or use the Site/the Application for any purpose other than that for which we make the Site/the Application and our Services available. The Site/the Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. For example, and without limitation, a Renter may not sublet an Item to any third-party(ies) in view of generating profits from said subletting activity.

2.2 As a user of this Site/Application, you agree not to:

● Systematically retrieve data or other content from the Site/the Application to a compile database or directory without prior and explicit written permission from us

● Make any unauthorized use of the Site/the Application, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

● Circumvent, disable, or otherwise interfere with security-related features of the Site/the Application, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

● Engage in unauthorized framing of or linking to the Site/the Application

● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

● Make improper use of our support services, or submit false reports of abuse or misconduct

● Attempt to impersonate another user or person, or use the username of another user

● Sell or otherwise transfer your profile

● Use any information obtained from the Site/the Application in order to harass, abuse, or harm another person

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site/the Application

● Attempt to access any portions of the Site/the Application that you are restricted from accessing

● Harass, bully, annoy, intimidate, or threaten any of our employees, agents, or other users

● Delete the copyright or other proprietary rights notice from any of the content

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site/the Application, or any material that acts as a passive or active information collection or transmission mechanism

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site/the Application

● Use the Site/the Application in a manner inconsistent with any applicable laws or regulations

● Threaten users with negative feedback or offer services solely to give positive feedback to users

● Misrepresent experience, skills, or information about a user

● Falsely imply a relationship with us or another company with whom you do not have a relationship

● Act or behave in any way that violates the requirements of Good Faith while accessing and/or using the Site/the Application and/or the Services

Information You Provide to Us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you fulfill the requirement instated in Section 1.6.

If you know or suspect that anyone, other than you, knows your user information (such as an identification code or user name) and/or password you must promptly notify us at [email protected].

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may, at our own and sole discretion, suspend or terminate your account. We may freely remove or change a user name you select if we determine that such user name is inappropriate. For the avoidance of any doubt, we reserve the right at all times and for any reasons whatsoever (or for no reason whatsoever), at our own and sole discretion, and without the need for prior notice nor for any justification or explanation of any sort, kind or nature, and without liability, to suspend, delete or terminate your account and/or to implement any measures we deem appropriate in respect to your use/access of the Site/the Application and/or the Service, your contributions and/or your activities therein.

Content You Provide to Us

4.1 There may be opportunities for you to post content to the Site/the Application or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site/the Application, and that they may be able to see who has posted that User Content.

4.2 In posting User Content, including descriptions of Items/Tasks, reviews or making contact with other users of the Site/the Application you shall comply with our Acceptable Use Policy as per Section 2 here above.

4.3 You warrant that all/any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for all/any loss or damage we suffer as a result of your breach of this warranty.

4.4 We have the right to remove, at any time and under any circumstances, any User Content you put on the Site/the Application if, in our opinion and at our own and sole discretion, such User Content does not comply with the Acceptable Use Policy or for any other reason whatsoever.

4.5 We reserve the right, at any time and under any circumstances, to repost, copy or otherwise use any User Content you put on the Site/the Application, as deemed necessary by us and at our own and sole discretion, within the scope of the Services and in compliance with these Terms and Conditions and our Privacy Policy, as amended from time to time. Such use may, without limitation, consist of reposting any User Content you put on the Site/the Application, on any other online platform or social media page managed by us, if any (such as, without limitation, our Facebook page, our Instagram page, etc.). You thus expressly agree to and acknowledge our right to repost, copy or otherwise use any User Content you put on the Site/the Application, as per this present Section.

4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory and we are not responsible and accept no liability for any loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content freely and at our own and sole discretion, without notice and at any time. User Content has not been verified nor approved by us and the views expressed by other users on the Site/the Application do not represent our views or values and may not be attributed to us in any way, sort or form, under any and all circumstances.

4.6 If you wish to complain about User Content uploaded by other users, please contact us at [email protected].

4.7 Throughout your use of the Site/the Application and/or the Services, you may be requested to provide further information as governed by the present Terms and Conditions, namely Section 13.3 hereunder. You understand and agree that such provided information, pictures, identification data, filled reports, and/or any other submitted material (the Information) will be received, accessed and stored by us. Furthermore, you hereby acknowledge that even though we invest our best efforts to protect such Information by implementing the necessary reasonable measures, we make no representations, warranties or guarantees, whether express or implied, in this respect and thus accept no liability whatsoever for any loss, destruction or any other resulting consequences, as the case may be. Indeed, you irrevocably acknowledge and accept the risks involved in using the Site/the Application and/or the Services and providing the herein mentioned Information. In addition, we accept no obligation whatsoever to screen or verify the Information. However, you hereby represent and warrant that all the Information you submit, as per this present Section, is true, accurate, current, and complete and relate to you and not a third party. You understand and agree that you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for all/any loss or damage we suffer as a result of your breach of this warranty.

Our Content

5.1 Unless otherwise indicated, the Site/the Application and the Services including, without limitation, source code, databases, functionality, software, website/application designs, audio, video, text, logos, slogans, photographs, and graphics on the Site/the Application (Our Content) are owned and/or licensed to us, and are protected by copyright and trade mark laws. Nothing pertaining to or in any way related to the Site/the Application and/or the Services may be construed as granting, be it directly or indirectly, any intellectual property rights on Our Content to any party.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site/the Application, the Services and/or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site/the Application, you are granted a limited license to access and use the Site/the Application and Our Content and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use and in complete compliance with the Terms and Conditions, as amended from time to time.

5.4 You shall not (a) try to gain unauthorized access to the Site/the Application or any networks, servers or computer systems connected to the Site/the Application; and/or (b) make, for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site/the Application or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site/the Application and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site/the Application that contains viruses.

5.6 The content on the Site/the Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site/the Application and you must refer to your personal judgment, awareness and reasoning, conduct the appropriate verification and reflection and implement caution and safety measures before taking, or refraining from taking, any action on the basis of the content on the Site/the Application.

5.7 Although we make reasonable efforts to update the information on our Site/Application, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site/the Application is accurate, complete or up to date.

Link to Third Party Content

6.1 The Site/the Application and/or the present Terms and Conditions may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site/the Application. If you agree to purchase goods and/or services from any third party who advertises on the Site/the Application, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Site/Application Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site/the Application for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your contributions and/or account and/or activities; (4) remove from the Site/the Application or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site/the Application in a manner designed to protect our rights, interests, business and property and to facilitate the proper functioning of the Site/the Application and the Services.

7.2 We do not guarantee that the Site/the Application will be secure or free from bugs or viruses. You thus acknowledge and accept the risks involved in using the Site/the Application and/or the Services.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site/the Application and you should use your own virus protection software.

Modifications to and Availability of the Site/the Application

8.1 We reserve the right to change, modify, or remove the contents of the Site/the Application at any time and for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue, at our sole discretion, all or part of the Services without notice at any time and for any reason whatsoever.

8.2 We cannot guarantee the Site/the Application and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site/the Application, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site/the Application or Services during any downtime or discontinuance of the Site/the Application or Services. We are not obliged to maintain and support the Site/the Application or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Site/the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Disclaimer/Limitation of Liability

9.1 The Site/the Application and the Services are provided on an as-is and as-available basis. You agree that your use of the Site/the Application and/or the Services will be at your sole risk and in accordance with these Terms and Conditions, as amended from time to time. All warranties, terms, conditions and undertakings of the Company, express or implied (including by statute, custom or usage, a course of dealing, or law) in connection with the Site/the Application and/or the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site/the Application’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the Site/the Application or the Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site/the Application by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

Furthermore, we make no warranties or representations about the good faith of the users, the accuracy of the User Content (and/or the Information), or any other activity whatsoever conducted through the Site/the Application and/or the Services, nor do we guarantee in any way, sort or manner the Contracts as defined herein.

9.2 Our responsibility for loss or damage suffered by you:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site/the Application or the Services or are otherwise a user of the Site/the Application, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at [email protected].

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site/the Application and the Services (including blocking certain IP addresses), to any person, for any reason -including without limitation- for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/the Application and/or the Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site/the Application and the Services and/or delete your profile/account and/or any content or information that you posted at any time, without warning, at our own and sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this Section 10, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

General

11.1 Visiting the Site/the Application, sending us emails, and completing online forms and/or reports constitute electronic communications. You consent to receive electronic communications and all agreements, notices, disclosures, reports and other communications we provide to you electronically, via email and/or on the Site/the Application, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures on contracts, orders, reports and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site/the Application. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by other than electronic means.

11.2 These Terms and Conditions, as amended from time to time, and any policies or operating rules posted by us on the Site/the Application or in respect to the Services constitute the entire agreement and understanding between you and us.

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions, as amended from time to time, shall not be construed or in any way interpreted as a waiver of such right or provision.

11.4 We may, without restriction, assign any or all of our rights and obligations to others at any time; whereas you may not, under any and all circumstances, transfer or assign any of your rights or obligations.

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

11.6 If any provision or part of a provision of these Terms and Conditions, as amended from time to time, is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment, representation or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site/the Application or the Services.

11.8 You are not permitted to use any of our trademarks, copyrights or any other Intellectual Property rights without our explicit prior written approval, unless they are part of material our Site/Application explicitly states you are permitted to use in compliance with these Terms and Conditions, namely Section 5. Nothing in these Terms and Conditions, as amended from time to time, may be construed as granting you any intellectual property rights whatsoever in this regard.

11.9 A person who is not a party to these Terms and Conditions shall have no right whatsoever to enforce any provision of these Terms and Conditions.

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at [email protected].

11.11 These Terms and Conditions are governed by the Laws of Lebanon. These laws will apply no matter where in the world you live. You agree that any dispute or claim arising from the Terms and Conditions will be settled by the competent courts of Lebanon.

Provisions addressed to the Owners/Service Providers

12.1 Concluded Contracts

In your capacity as an Owner/Service Provider, you may freely, at your own and sole discretion, decide to accept or to decline any request made by another user acting as a Renter/Client. However, you hereby recognize that upon accepting a request made by a user acting as a Renter/Client to enter into a Contract with the latter, a legally binding agreement is formed and executed by and between yourself and said Renter/Client. Once you have entered into a binding Contract with a given Renter/Client as exposed herein, you agree to communicate with said Renter for the purpose of arranging and agreeing on the delivery and the return of the item/on the performance of the Task, object of the Contract and/or any other modality to be governed by said Contract as the case may be.

12.2 Item/Task Display and Description
Through the Site/the Application and the Services, Owners/Service Providers will display items/tasks they would like potential Renters/Clients to rent/to solicit (the Item/the Task) in accordance to Contracts entered into by and between a relevant Owner/Service Provider and a Renter/Client.
When displaying Items, the Owner undertakes to: provide inclusive, complete and precise information about the Item, expose any and all deficiencies, deficit, restrictions and/or requirements related to the Item, and provide any other information or detail relevant to the Item that may be reasonably expected to be disclosed in this regard as well as any information that may be requested by us. The display and the description of an Item as listed by the Owner must be accurate and precise, allowing a reliable depiction of the Item’s quality, condition and specification. We reserve the right to require a minimum number of images or videos or sufficient information for the description and the listing of the Items. Owners hereby agree to completely abide by any such requirements. When describing Tasks, the Service Provider undertakes to: provide inclusive, complete and precise information about the Task, detail any and all modalities pertaining to its performance, expose the specific services included herein as well as present accurate information pertaining to the Service Provider’s capabilities, credentials, know-how and skills and provide any other information or detail that may be reasonably expected to be disclosed in this regard as well as any information that may be requested by us. The display and the description of a Task as listed by the Service Provider must be accurate and precise, allowing a reliable depiction of the Task’s included services, performance and modalities. We reserve the right to require a minimum number of images or videos or sufficient information for the description and the listing of the Tasks. Service Providers hereby agree to completely abide by any such requirements. Any and all information, images, videos or other elements displayed and listed by the Owner/Service Provider on the Site/the Application shall constitute User Content as governed by Section 4 of these Terms and Conditions. Furthermore, we accept no obligation to check, verify, test or otherwise examine any Item/Task displayed by any Owner/Service Provider and we are not responsible and accept no liability whatsoever, whether directly or indirectly for; without limitation, all/any deficiency, unconformity, malfunction or defect, hidden or visible, of any/all natures, kinds or forms that may affect an Item or all/any inaccuracies, incomplete or unsatisfactory performances, omissions or any other disappointments or lacks pertaining to a Task.

12.3 Rental Fee/Service Fee and Payment Modalities

You, in your capacity as an Owner/Service Provider, are solely responsible for fixing the price you deem appropriate for renting your Item/ for performing your Task to a potential Renter/Client through the Site/the Application and/or the Services. For further clarification, such price may be displayed on the Site/the Application as a “per hour”, “per day”, “per week”, etc., formula (the Price) but shall be computed to cover the total fee due under the relevant Contract, as the case may be depending on the involved parties’ mutual agreement (the Rental Fee/Service Fee).

The Price shall be in American Dollars USD so as to avoid issues pertaining to the ongoing devaluation of the local currency Lebanese Pounds LBP and the resulting Rental Fee/Service Fee shall be all inclusive and shall cover, without limitation, any applicable taxes and/or any other charges such as delivery fees/transportation fees (with the exception of the Commission as stipulated in Section 14 hereunder which shall not be included in the amount of the Rental Fee/Service Fee).

Once a Renter/Client requests to rent an Item/to solicit a Task, based on the information and the Price you are displaying on the Site/the Application in this regard, you may not request a higher Price and/or Rental Fee/Service Fee from the Renter/Client and may only accept or decline such request as per the provisions of Section 12.1 here above.

The sole applicable and available and permitted payment modality of the Rental Fee/Service Fee owed by the Renter/Client to the Owner/Service Provider is in cash, through any WHISH (WHISH MONEY SAL) money transfer recognized agent, either in American Dollars USD or in Lebanese Pounds LBP as per the applicable free market conversion rate at the time of said transfer (for the avoidance of any debate in this regard, the market conversion rate displayed on the website www.lirarate.org shall constitute the prevailing reference on this matter), due and payable in its totality no later than ---------- before the agreed upon time for the delivery of the Item by the Owner to the Renter / the initiation of the performance of the Task by the Service Provider to the Client. The WHISH transfer shall be completed by the Renter/Client as per the herein instated provisions to the benefit of Ajjerni. In due course, we shall provide the Renter/Client with the necessary instructions regarding said transfer, such as without limitation, the designation of the beneficiary/recipient of the relevant transfer etc. We shall subsequently implement the necessary measures to transfer the amounts due to the Owner/Service Provider under the Contract (minus the applicable portion of the Commission as per Section 14) in compliance with the present Terms and Conditions and said Section 14 hereunder.

You are hereby informed that we reserve the right to amend available payment modalities by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.

Notwithstanding the hereabove stipulated provisions, we reserve the right (not the obligation), at our own and sole discretion, to allow alternative payment modalities in specific cases such as, without limitation, when a relevant Owner/Service Provider is an established business which activity through the Site/the Application and/or the Services require special provisions on account of the frequency of the duly executed Contracts and/or any other relevant practical consideration. In such cases, we shall explicitly inform the involved users of said exclusive derogation and its modalities, in advance and in writing via email and/or via any other technological mean available through the Site/the Application and/or the Services.

12.4 Prohibited Items/Tasks

The following Items (without limitation) may not be displayed, listed, described, lent, borrowed, rented or otherwise dealt in on the Site/the Application and/or the Services:

Live animals and insects Items made or derived from animals, including, but not limited to, endangered species and exotic animals Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals. Human beings, human remains, body parts and items made from human remains, except for hair Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous Items or listings that promote, support or seek to engage users in illegal activity 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 Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks Counterfeit items Unauthorized resale of tickets Stolen or Illegal goods Illegal services not limited to prostitution Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures Used undergarments and intimate items Recalled items or items that present unreasonable risk of harm Mislabeled goods Consumables Personal use vehicles i.e., private passenger vehicles Guns, knives, and any kind of weapons

We reserve the undisputed and unrestricted right to amend this list of Prohibited Items at any time, and for any or no reason, at our own and sole discretion, and to remove any Item displayed on the Site/the Application and/or the Services whether or not said Item is included in the herein list, as amended from time to time.

The following Tasks (without limitation) may not be displayed, listed, described, solicited, performed, offered or otherwise dealt in on the Site/the Application and/or the Services:

Any task that is illegal under applicable laws and regulations, such as (without limitation) those related to drug trafficking, prostitution, or illegal gambling. Any task that could put individuals at risk, such as (without limitation) providing medical or psychiatric advice without proper licensing, providing transportation services without proper documentation and insurance, or providing any kind of weapons or dangerous goods Any task that could be considered discriminatory or offensive, such as (without limitation) those related to hate speech, bullying or harassment Any task that could infringe on the rights of others, such as (without limitation) intellectual property infringement or unauthorized access to private property Any task that could be considered as a conflict of interest, such as (without limitation) providing financial advice or legal services without proper licensing Any task that is related to providing investment advice or engaging in securities transactions without proper licensing Any task that is related to providing consultancy services in areas that the Service Provider is not qualified or authorized to do Any task that could cause harm to children in any sort, form or manner and/or to any individual incapable of giving informed consent Any task that could cause harm to animals in any sort, form or manner Any task that could encourage violent behavior, self-harm or illegal activities Any task related to creating or distributing fake news, misinformation or illegal activities Any task that could be considered as a breach of personal data privacy, such as hacking or data scraping Any task related to creating or distributing malware, spyware or viruses Any task that is related to providing services that can be considered as a scam or fraud

We reserve the undisputed and unrestricted right to amend this list of Prohibited Tasks at any time, and for any or no reason, at our own and sole discretion, and to remove any Task displayed on the Site/the Application and/or the Services whether or not said Task is included in the herein list, as amended from time to time.

12.5 Representations and Warranties Pertaining to the Items/Tasks

In your capacity as an Owner, you represent and warrant that you are licensed, duly authorized and permitted to rent the Item to the Renter and that displaying said Item on the Site/the Application and/or Services and any and all resulting consequences do not violate any agreement you may have with any third party, nor any third party’s proprietary rights, nor any applicable laws, tax requirements or other rules or regulations. Furthermore, you hereby undertake to deliver the Item to the Renter on the agreed upon date and time as governed by the relevant Contract and to abide by the provisions stipulated by/in said Contract; and you acknowledge that any breach on your part of your therein instated obligations is susceptible of engaging your contractual liability towards the Renter. Needless to say, should you fail to deliver the Item to the Renter on time, the relevant Contract shall be immediately and automatically terminated for cause of breach, thus engaging your responsibility towards the Renter. In said scenario, any and all amounts already transferred by the Renter as per the present Terms and Conditions, if any, shall be returned to the latter in full.
In your capacity as a Service Provider, you represent and warrant that you are licensed, duly authorized, permitted, skilled and capable of performing the Task to the Client and that displaying said Task on the Site/the Application and/or Services and any and all resulting consequences do not violate any agreement you may have with any third party, nor any third party’s rights, nor any applicable laws, tax requirements or other rules or regulations. Moreover, you hereby acknowledge that should the Client be subject to any sort, kind or form of harm (such as, without limitation, physical injury and/or psychological distress, etc.), in any way resulting from the performance of the Task by yourself, be it directly or indirectly and/or caused by your own behaviors, acts, omissions and decisions during the Contract; you shall be solely and entirely responsible and liable towards the Client. Furthermore, you hereby undertake to initiate the performance of the Task on the agreed upon date and time as governed by the relevant Contract and to abide by the provisions stipulated by/in said Contract; and you acknowledge that any breach on your part of your therein instated obligations is susceptible of engaging your contractual liability towards the Client. Needless to say, should you fail to initiate the performance of the Task to the Client on time, the relevant Contract shall be immediately and automatically terminated for cause of breach, thus engaging your responsibility towards the Client. In said scenario, any and all amounts already transferred by the Client as per the present Terms and Conditions, if any, shall be returned to the latter in full.

12.6 Acknowledgements and Release

You hereby reiterate, in your capacity as an Owner/Service Provider, your irrevocable acknowledgement that any Contract entered into by and between yourself and a Renter/Client does not involve us in any way, sort or form, as we remain at all times and under all and any circumstances a third party to any such Contracts. Your contractual relationship pertaining to the Item renting transaction/Task providing transaction as governed by a relevant Contract is solely and exclusively by and between yourself and the Renter/Client.

Furthermore, you recognize the risks involved and inherent to the conclusion of a Contract through the Site/the Application and/or the Services and therefore assume all risks in this regard. You therefore expressly and irrevocably, to the maximum extent permitted by law, waive and release us from any and all liability, claims, or causes of action or damages arising from your use of the Site/the Application and/or the Services as an Owner/Service Provider and/or resulting from or in any way related to any Contract you have entered into with a Renter/Client and/or caused by the latter’s failure to fulfill any/all of his/her/its obligations in this regard.

For the avoidance of any doubt, nothing in these Terms and Conditions, such as but without limitation, the Coverage outlined in Section 13.3 and/or our Commission stipulated in Section 14, may be construed as an involvement on our part in a Contract, as we explicitly, unambiguously and expressively remain at all times and under all and any circumstances third parties to such Contracts.

Provisions addressed to the Renters/Clients

13.1 Requests to Rent/to Solicit in view of Entering into Potential Contracts

You may, through the Site/the Application and/or the Services, submit, in your capacity as a Renter/Client, requests to Owners/Service Providers in view of renting displayed Items/soliciting displayed Tasks that are of interest to you, in compliance with the requirements set by us and/or the relevant Owner/Service Provider. You hereby acknowledge and recognize that we have no obligation whatsoever to verify or in any way assess your request as exposed herein, prior to delivering it to the Owner/Service Provider via the Site/the Application and/or the Services. We however reserve the right to do so, at our own and sole discretion.

Any request made by a user acting as a Renter/Client, may be withdrawn by the latter provided: (i) the Renter/Client notifies us in advance, and (ii) such withdrawal has occurred before the relevant Owner/Service Provider has accepted said request, as per Section 12.1 above.

In the event the relevant Owner/Service Provider accepts a request made by you, in your capacity as a Renter/Client, we shall notify you of such acceptance via the Site/the Application and/or the Services. In alignment with Section 12.1, you are hereby advised that, simultaneously with such acceptance; a legally binding agreement shall be formed and executed by and between yourself and the designated Owner/Service Provider.

13.2 Rental Fee/Service Fee and Payment Modalities

Once you have entered into a binding Contract with a given Owner/Service Provider as exposed here above, you agree and undertake to pay the latter a Rental Fee/Service Fee as computed based on the Price displayed by said Owner/Service Provider on the Site/the Application in relation to the selected Item/Task, object of the Contract, and in accordance with the payment modality stipulated in Section 12.3 above instating that the sole applicable and available and permitted payment modality of the Rental Fee/Service Fee owed by you to the Owner/Service Provider is in cash, through any WHISH (WHISH MONEY SAL) money transfer recognized agent, either in American Dollars USD or in Lebanese Pounds LBP as per the applicable free market conversion rate at the time of said transfer (for the avoidance of any debate in this regard, the market conversion rate displayed on the website www.lirarate.org shall constitute the prevailing reference on this matter), due and payable in its totality (in addition to the relevant portion of the Commission as per Section 14 of the present Terms and Conditions) no later than ---------- before the agreed upon time for the delivery of the Item by the Owner to you/ the initiation of the performance of the Task by the Service Provider to you.

You shall complete the WHISH transfer as per the herein instated provisions (cf. Section 12.3) to the benefit of Ajjerni. In due course, we shall provide you with the necessary instructions regarding said transfer, such as without limitation, the designation of the beneficiary/recipient of the relevant transfer etc. We shall subsequently implement the necessary measures to transfer the amounts due to the Owner/Service Provider under the Contract (minus the applicable portion of the Commission as per Section 14) in compliance with the present Terms and Conditions and said Section 14 hereunder.

Should you refrain from completing the herein-mentioned transfer as per the present modalities, the relevant Contract shall thus be immediately and automatically terminated.

You are hereby informed that we reserve the right to amend available payment modalities as instated herein and/or in Section 12.3 by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.

Notwithstanding the hereabove stipulated provisions, we reserve the right, at our own and sole discretion, to allow alternative payment modalities in specific cases such as, without limitation, when a relevant Owner/Service Provider is an established business which activity through the Site/the Application and/or the Services require special provisions on account of the frequency of the duly executed Contracts and/or any other relevant practical consideration. In such cases, we shall explicitly inform the involved users of said exclusive derogation and its modalities, in advance and in writing via email and/or via any other technological mean available through the Site/the Application and/or the Services.

13.3 License to Use the Item and Return Date of the Item

The Renter hereby acknowledges and recognizes that by entering into any Contracts with any Owner, through the Site/the Application and/or the Services, said Renter is being granted, by the relevant Owner, a limited license to rent and use the Item, object of the Contract, for a specific period of time agreed upon by common and mutual consent by and between the Owner and the Renter, parties to the Contract.

You, in your capacity as a Renter, undertake to use the Item for the purpose it is intended to be used for and in compliance with any and all applicable laws, rules and regulations, to return the Item to the Owner no later than on the date agreed upon by common and mutual consent by and between you and the Owner (the Return Date) and to communicate with the Owner for the purpose of coordinating the delivery and the return of the Item.

Should you, as a Renter, retain the Item beyond the agreed upon Return Date or refrain from communicating with the Owner as exposed herein, your granted license to rent and use the Item as per this present Section, shall be automatically revoked and the Owner shall be entitled to implement any and all means compliant with the applicable laws to ensure the return of the Item. Also, we may, in such case and at our own and sole discretion, suspend or terminate your account.

Furthermore, and in addition to the previously mentioned Rental Fee, you, in your capacity as a Renter, agree to settle a Late Fee Penalty to the Owner for the time during which you’ve retained the Item beyond the agreed upon Return Date. This Late Fee Penalty shall be calculated on a pro rata basis in reference to the relevant Rental Fee for the purpose of covering the duration of the delay. The Late Fee Penalty provided herein is cumulative and not exclusive of any other remedies provided by law and/or these Terms and Conditions, as amended from time to time.

In addition to the above, Items rented through the Site/the Application and/or the Services by virtue of duly executed Contracts entered into by and between relevant users acting respectively as Owners and Renters as per the present Terms and Conditions, may be covered by a policy (the Coverage) granted by us, at our own and sole discretion, as per the following requirements: The Coverage may only apply to Items listed on the Site/the Application and/or the Services and does not cover Tasks. The Coverage may only apply to Items that are the objects of Contracts that have been duly executed directly and exclusively through the Site/the Application and/or the Services as per the present Terms and Conditions. The Coverage of a given Item, if so granted, is valid, strictly and exclusively, for the rental period of said Item. For the avoidance of any doubt, you hereby understand and acknowledge that said rental period is not to be confused with the duration of the relevant Contract and may differ from the latter, namely in respect to Contracts that enter into force prior to the date on which the Item is effectively delivered by the Owner to the Renter (for example -but without limitation- Contracts stipulating that the Item shall be delivered by the Owner to the Renter at a future date and time as mutually agreed upon by and between the involved parties). The Coverage is a prerogative of the Company and may not be construed as an obligation upon the latter. In other words, we remain, at all times and under any circumstances, completely free to unilaterally decide to grant or not to grant / to apply or not to apply said Coverage whereby the herein listed requirements are a pre-requisite for the potential implementation of the Coverage but do not guarantee its application. The Coverage is further conditioned upon the successful completion of a dual verification process: an ID verification process that occurs only once and an Item verification process that occurs with each and every duly entered into Contract. For the avoidance of any doubts, the Coverage may not apply to a given Item if the relevant dual verification process has not been successfully validated. Similarly, if any of the herein enumerated cumulative conditions is not validated, the Coverage shall not apply. ID Verification: This process occurs only once throughout a user’s participation or use of the Site/the Application and/or the Services. The user may complete said ID Verification procedure upon registering to the Site/the Application and/or the Services, otherwise, it shall become a mandatory requisite upon the latter entering into his/her/its first Contract as defined by and in the present Terms and Conditions. Such ID Verification process requires from the user to submitted, via the Application to which the user shall be redirected if not initially operating on said platform, a picture of the latter’s ID or valid passport or biometric valid driver’s license along with a picture of the relevant user holding such instrument.

Item Verification: This process consists of the following: Once a Contract enters into force as per the present Terms and Conditions, the relevant Owner shall, on the day set for the delivery of the Item by the Owner to the Renter as per said parties’ mutual agreement, receive a notification and will thus be guided and directed to the Application where the Owner shall fill and submit a report due shortly before the agreed upon time for the delivery of the Item by the Owner to the Renter (the Delivery Report). Such Delivery Report is intended to depict the immediate condition of the Item at the time of the imminent delivery. Once the Delivery Report is submitted to us by the Owner; it is forwarded to the Renter via the Application. The latter will thus be in a position to compare the substance of the Delivery Report to the effective Item as presented to him by the Owner at the time of the delivery. If the Delivery Report is approved by the Renter, the Contract governing the transaction at hand shall remain in full force and effect. However, if the Delivery Report is not approved by the Renter, said Contract is immediately and automatically terminated. In the latter scenario, any and all amounts already transferred by the Renter as per the present Terms and Conditions, if any, shall be returned to the latter in full.

At the end of the rental period as governed by and in the relevant Contract, specifically on the last day of said rental period, a notification is sent to the relevant Renter guiding and redirecting the latter to a page on the Application pertaining to a report that ought to be filled and submitted by said Renter shortly before the agreed upon time for the return of the Item by the Renter to the Owner (the Return Report). Such Return Report is intended to depict the immediate condition of the Item at the time of the imminent return. Once the Return Report is submitted to us by the Renter; it is forwarded to the Owner via the Application. The latter will thus be in a position to compare the substance of the Return Report to (i) the effective Item presented to him by the Renter at the time of the return and to (ii) the Delivery Report. If the Return Report is approved by the Owner, the latter shall collect the returned Item and the Contract governing the transaction shall successfully reach its term. However, if the Return Report is not approved by the Owner, the latter shall collect the returned Item and register his/her/its rejection of the Return Report the Application. By doing so, the Owner’s rejection shall be construed as a claim which shall reviewed, assessed and evaluated by us, at our own and sole discretion. Indeed, we reserve the exclusive right to unilaterally review, assess, evaluate and otherwise study any claim of the sort based on our sole judgement and as per our own discretion in view of deciding if such claim is justified. Said exercise remains at all times and under any circumstances a prerogative of the Company and may not, in any case whatsoever, be construed as an obligation of the latter. In the event where we shall consider a claim to be justified, we may decide, at our own and sole discretion, to apply the herein mentioned Coverage by implementing any measure deemed appropriate by us, at our own and sole discretion (such as without limitation, replacing the Item, repairing the Item, offering a lump sum as compensation to the relevant Owner, any other measure deemed appropriate by us, (etc.) whilst noting that the value/amount of any such measure shall not, at any time and under any circumstances whatsoever, exceed (i) Seventy percent of the related Rental Fee, or (ii) Only Three Thousand American Dollars; whichever is less). You hereby irrevocably acknowledge that the implementation of the Coverage (if any) and the choice of the relevant measure remain at all times and under any circumstances a prerogative of the Company and may not, in any case whatsoever, be construed as an obligation of the latter. Indeed, we reserve any and all rights in this regard and you hereby reiterate your explicit and unambiguous understanding of (i) our discretionary exclusive and unilateral prerogative in respect to the Coverage and of the provision stipulating that (ii) we are not a party to any Contracts as defined in these Terms and Conditions and therefore accept no liability or obligations whatsoever in any way related or connected to these Contracts and we are not obligated to monitor any Contract nor resolve any disputes between users, parties to any Contract, nor grant any compensations whatsoever in respect to said Contracts.

13.4 Preservation and Use of the Item/Soliciting and Receiving the Task

You, in your capacity as a Renter, acknowledge and recognize that you are responsible for the return of the Item to the relevant Owner, in compliance with the entered into Contract between the latter and yourself and the therein specified Return Date, in the same condition it was provided to you. You are solely and entirely responsible and liable towards the Owner for your own behaviors, acts, omissions and decisions pertaining to the use of the Item under the Contract as well as for those of any third party you have provided access to or use of the Item. If the Item is damaged, lost, stolen or destroyed, you undertake to pay a compensation for such damage, loss or destruction of the Item directly to the Owner amounting to the fair market value of said Item, as reasonably assessed and evaluated by the Owner. Furthermore, you acknowledge that any breach on your part of your obligations as instated in the relevant Contract is susceptible of engaging your contractual liability towards the Owner.

You, in your capacity as a Client, undertake to behave in a professional manner throughout the performance of the Task by the relevant Service Provider and to refrain from any and all behaviors, of any sort, kind or form, that may in any way, be it directly or indirectly, cause any harm whatsoever to the Service Provider during the performance of the Task under the Contract such as, without limitation, physical injury and/or psychological distress etc. Furthermore, you shall abide, at all times, by any and all applicable laws, rules and regulations, and comply with the provisions of the Contract entered into by and between yourself and the relevant Service Provider and refrain from committing any violations to the terms of said Contract. Should the Service Provider be subject to harm in any way resulting from your own behaviors, acts, omissions and decisions during the performance of the Task; you shall be solely and entirely responsible and liable towards the Service Provider. Furthermore, you acknowledge that any breach on your part of your obligations as instated in the relevant Contract is susceptible of engaging your contractual liability towards the Client.

13.5 Representations and Warranties

By acting as a Renter/Client through the Site/the Application and/or the Services, you represent and warrant that: you have read and accepted the description of the Item/Task as displayed on the Site/the Application/Services by the relevant Owner/Service Provider; that you possess the required funds to cover any and all entailed fees, potential charges, commissions and possible compensations related to renting the Item/soliciting the Task; that you accept responsibility as per Section 13.4 hereabove and irrevocably agree to settle any resulting fees, charges, commissions and/or compensation as exposed in these Terms and Conditions, as amended from time to time; and that you undertake to use the Item for the purpose it is intended to be used for/to receive the Task as per the governing Contract and in compliance with any and all applicable laws, rules and regulations.

13.6 Acknowledgements and Release

You hereby reiterate, in your capacity as a Renter/Client, your irrevocable acknowledgement that any Contract entered into by and between yourself and an Owner/Service Provider does not involve us in any way, sort or form, as we remain at all times and under all and any circumstances a third party to any such Contracts. Your contractual relationship pertaining to the Item renting transaction/Task Providing transaction as governed by a relevant Contract is solely and exclusively by and between yourself and the Owner/Service Provider.

Furthermore, you recognize the risks involved and inherent to the conclusion of a Contract through the Site/the Application and/or the Services and therefore assume all risks in this regard. You therefore expressly and irrevocably, to the maximum extent permitted by law, waive and release us from any and all liability, claims, or causes of action or damages arising from your use of the Site/the Application and/or the Services as a Renter/Client and/or resulting from or in any way related to any Contract you have entered into with an Owner/Service Provider and/or caused by the latter’s failure to fulfill any/all of his/her/its obligations in this regard.

Our Commission

In exchange for using the Site/the Application and/or the Services, the users shall settle a sum owed to us (the Commission) as per the following outline: The Commission is solely relevant and applicable to duly entered into Contracts as per the present Terms and Conditions. Indeed, accessing the Site/the Application, posting User Content, displaying Items/Tasks do not give ground for a Commission. For each Contract entered into by and between users through the Site/the Application and/or the Services, we are entitled to a Commission amounting to the sum representing Twenty percent of the value of said Contract i.e., Twenty percent of the Rental Fee/Service Fee. The Commission shall be borne by both parties to the Contract as per the below modalities:

In regards to the Renter/Client: The Renter/Client shall cover Twenty-Five percent of the above-mentioned Commission i.e., Five percent of the totality of the applicable Rental Fee/Service Fee as governed by the relevant Contract which, for the avoidance of any doubts, is synonymous with Five percent of the value of the Contract. Indeed, in addition to the Rental Fee/Service Fee computed based on the Price displayed on the Site/the Application by the relevant Owner/Service Provider, the Renter/Client shall settle the amount representing the herein-mentioned portion of the Commission which shall be transferred to us along with the Rental Fee/Service Fee in compliance with the provisions of Sections 12.3 and 13.2 of the Present Terms and Conditions. Should the Renter/Client fail to transfer the herein-mentioned portion of the Commission along with the Rental Fee/Service Fee, we reserve the right, at our own and sole discretion, to implement the necessary measures to remedy said situation as we deem appropriate.

In regards to the Owner/Service Provider: The Owner/Service Provider shall cover Seventy-Five percent of the above-mentioned Commission i.e., Fifteen percent of the totality of the applicable Rental Fee/Service Fee as governed by the relevant Contract which, for the avoidance of any doubts, is synonymous with Fifteen percent of the value of the Contract. Indeed, once we have received the Rental Fee/Service Fee transferred by the relevant Renter/Client as per Sections 12.3 and 13.2 of the present Terms and Conditions, we shall deduct the sum representing the herein-mentioned portion of the Commission from the amount representing the Rental Fee/Service Fee initially displayed by said Owner/Service Provider on the Site/the Application before sending to the latter the remaining sum after said subtraction.
Notwithstanding the above, any professional business using the Site/the Application and/or the Services as an Owner/Service Provider (such as -without limitation- rental stores posting their merchandise as Items on the Site/the Application) shall benefit from the herein instated reduction: our Commission shall amount to Fifteen percent of the value of the Contract i.e., Fifteen percent of the relevant Rental Fee/Service Fee rather than Twenty percent as per the above Section. Consequently, the Renter/Client shall, in such cases, cover one third of the above-mentioned Commission i.e., Five percent of the totality of the applicable Rental Fee/Service Fee as governed by the relevant Contract which, for the avoidance of any doubts, is synonymous with Five percent of the value of the Contract. The professional Owner/Service Provider shall thus cover two thirds of the above-mentioned Commission i.e., Ten percent of the totality of the applicable Rental Fee/Service Fee as governed by the relevant Contract which, for the avoidance of any doubts, is synonymous with Ten percent of the value of the Contract. The remainder of the above-depicted modalities shall apply.

Furthermore , you are hereby informed that we reserve the right to amend this present Section, and any relevant stipulation as the case may be, by revising these Terms and Conditions, at our own and sole discretion, at any time, as governed by Section 1.3.