This Subscription Agreement (“Agreement”) is made and deemed executed on the date of the Subscription Form by the Company (“Effective Date”) at New Delhi, Delhi.
BY AND BETWEEN
Rentomania Private Limited having its registered office at Near Institute of Blind, DDA Park, Panchkuain Road, R.K. Ashram, New Delhi 110001 (“Company”).
The individuals as identified in Subscription Programme Document (“Subscriber”).
The Company and the Subscriber shall individually be referred to as ‘Party’ and collectively as ‘Parties’.
The Company is in the business of offering various pre-defined solutions with respect to home furniture, soft furnishings like mattresses, cushions, pillows etc. and home décor.
The Subscriber has approached the Company to subscribe to the Rental Solution(s) offered by the Company and the Company has agreed to provide the same to the Subscriber.
The Parties hereto wish to enter into this Agreement in order to record their mutual understanding.
NOW, THEREFORE, BOTH PARTIES AGREE THAT
In this Agreement, unless the context otherwise requires, the following capitalised words and expressions shall bear the meaning ascribed to them here-in-below:
“Rental Solution” means and includes a pre-defined package consisting of home furniture and home décor offered in various ranges.
“Initial Subscription Period” means the period of 6(six) months from Subscription Date or such period as amended from time to time in the Subscription Programme.
“Pause” means the temporary hold requested by the Subscriber on the running of the Subscription which later resumes without effecting on the benefits accumulated prior to exercise of such Pause.
“Range” means a type of Rental Solution as more specifically detailed in Subscription Programme.
“Subscription Programme” shall mean the “Rentomania Subscription Programme” of the Company as more fully described in Annexure I and amended from time to time.
“Security Deposit” means the amount deposited with the Company as per the Rental Solution under the Subscription Programme.
“Subscriber” means any person who subscribes for the Rental Solution.
“Subscription” means the non-exclusive and non-transferable permission by the Company to use the Rental Solution for personal consumption to the Subscriber.
“Subscription Fee” means monthly fee charged by the Company towards Subscription of a Rental Solution by the Subscriber.
“Subscription Period” shall mean the period for which the Subscriber has taken the Subscription including the Initial Subscription Period.
“Subscription Program Document” shall mean and include this Agreement and its Annexure I (Subscription Program), Subscription Form, package details and any other document as may be provided by the Company.
“Theme” shall mean a particular variant under a Range.
Any definition not defined in this Agreement shall have the same meaning as ascribed to it in Subscription Programme, described more fully in Annexure I.
This Agreement as well as the Subscription Programme shall govern the Subscription of Rental Solution.
In the event of conflict between the Subscription Programme and this Agreement, the Subscription Programme shall prevail.
The Subscriber agrees that the Company has the right to amend the Subscription Programme at any time at its sole discretion and the continued Subscription by the Subscriber for 1 (one) month from such amendment shall constitute the Subscriber’s consent to such amendment to the Subscription Programme.
Any or all such changes in the Subscription Programme shall be electronically intimated by the Company to the Subscriber.
In the event the Subscriber does not wish to continue the Subscription due to the changes/amendments in the Subscription Programme, the Company may in its option continue to provide Rental Solution under the agreed terms and conditions or terminate the Agreement after giving prior 10 days’ notice in writing to the Subscriber.
Subscription of Rental Solution
The particular terms and conditions of Subscription of a Rental Solution by a Subscriber shall be as per the prevailing Subscription Programme.
The Rental Solution and any part thereof shall always be the property of the Company and the Subscriber shall return the same to the Company on Termination or expiry of Subscription Period.
Subscription Programme Document
The Subscriber shall submit a Subscription Programme Document in the format provided by the Company indicating his willingness to subscribe for a particular Rental Solution with a chosen Theme along with the related costs, fees and other charges.
The Company upon receipt of the Subscription Programme Document shall provide the acceptance of the same through an electronic confirmation.
Any Person can subscribe to the Rental Solution for a Subscription Fee as per the prevailing Subscription Programme. Subscription Fees shall be paid monthly before the expiry of the 5th day of every month.
The Subscription Fee is inclusive of taxes, such as VAT, as applicable. The Subscriber shall deduct taxes at source, if applicable, in accordance with the provisions of the Income Tax Act, 1961 and Rules framed there under and accordingly, provide TDS Certificate to the Company.
Delayed payment of Subscription Fee beyond due date shall attract a penal interest of 1.5% per month from the date of default till the time the Subscription Fee is paid. The minimum interest levied would be Rs. 600 per month of delay. Non-payment of Subscription Fee for two consecutive months could result in termination of this Agreement, removal of the Rental Solution or part thereof and other legal procedures/remedies that the Company may at its sole discretion, decide to proceed with.
The Company will levy a charge of Rs. 500/- for each cheque return or ECS/Standing Instructions dishonour.
Every Subscriber shall deposit the prescribed refundable, interest free Security Deposit as indicated in the prevailing Subscription Programme for the Rental Solution prior to the Subscription Date.
The Security Deposit shall be refunded after the Company has taken possession of all the home furniture, office furniture, home appliances and allied products and the home décor part of the Rental Solution or part thereof and issue a Pick Up docket.
Within 7 (seven) working days from the date of issue of Pick Up dockets, the Company shall process for refund of Security Deposit, subject to deduction of damages, unpaid Subscription Fees and any other deductions as applicable.
Subscription Date, Use and Obligations
The Company shall install/deliver the Rental Solution or part thereof within 7 (Seven) days or any other mutually agreed period at the delivery address provided by the Subscriber (“Premise”) from the receipt of the Security Deposit and a delivery receipt be issued by the Company. The date of delivery receipt shall be the Subscription Date.
The Rental Solution or part thereof shall be used by the Subscriber for personal purposes or where applicable, for the purposes of its executives and his/her family members, servants and guests, without in any way creating right / title interest in the Rental Solution or part thereof except as mentioned in this Agreement.
The Company shall repair or exchange the items in the Rental Solution if the Subscriber faces any technical problems within 7 (seven) days of the receipt of such complaint in writing.
The Subscription shall be valid for 5 (five) years from the Subscription Date. The Subscription can be renewed at mutually agreed terms by the Parties.
If the Subscription has been jointly subscribed, one of them at their mutual understanding shall be designated as the Primary Subscriber and the other(s) shall be treated as Secondary Subscriber.
The Primary Subscriber shall be the point of contact for the Company and any benefit accumulated under the Subscription Programme shall be offered and provided to the Subscriber.
In the event of Joint subscription, the accumulated benefit could be assigned by the Primary Subscriber to an identified Secondary Subscriber with the consent of the Company.
Notwithstanding the Clause 8, all joint Subscribers shall be liable for payment of the Subscription Fees, Security deposit or any damages or deductions arising under this Agreement.
The Company or its designated representative(s) shall have the right to visit the Premise and inspect the various components constituting the Rental Solution or part thereof by providing a 48 hours’ notice, either through phone or email, to the Subscriber.
Such visits may also be required for carrying out the service and maintenance as per the processes and policies under the prevailing Subscription Programme.
The Subscriber shall provide reasonable access to their Premise to enable the Company or its designated representatives to carry out the inspection and/or service and maintenance to the Rental Solution or part thereof.
Subject to this Agreement, this Agreement can be terminated during the Subscription Period (but only after the expiry of Initial Subscription Period) in following manner
Subscriber may terminate the Subscription after giving a 30 days written notice/email or immediately with the payment of Subscription Fee of one (1) month in lieu of the Notice.
The Company shall terminate the Subscription after giving a 10 days written notice/email to the Subscriber upon the Subscriber defaulting on the payment of Subscription Fees for two (2) consecutive months and has not paid till the expiry of the 10 days’ notice period.
The Company may terminate the Subscription with immediate effect if
The Subscriber has been found to transfer or license the Subscription in its own name.
The Subscriber has transferred, assigned or leased the Subscription without Company’s approval
The Subscriber has been found of wilfully causing damages to products offered in Rental Solution.
Effect of Termination
On Termination of the Subscription,
The Company shall refund the Security Deposit to the Subscriber after deducting due amount, charges, or damages, if any, in accordance with Clause 6 above.
The Subscriber shall return the Rental Solution in same condition as taken (normal wear and tear accepted) and Company shall remove the Rental Solution from the premises of the Subscriber at its own cost.
If Termination occurs during Initial Subscription Period, the Subscriber shall forfeit the Security Deposit and pay due amount, charges, or damages, if any.
The damages will be ascertained by the Company and its decision shall be final in this regard. The Company may waive the damages up to the value of INR 4,000 (Four Thousand Rupees) only.
Duty of Subscriber
The Subscriber shall not, use or attempt to use the Rental Solution or any part thereof or permit any person to provide Rental Solution or any part thereof to any third party by way of trade or otherwise.
The Subscriber shall be responsible for reasonable care and objective use of the products offered in Rental Solution. However, if any item in the home Furniture or Home Décor component of the Rental Solution is broken, torn, stained or is damaged during the Subscription Period, the Subscriber shall be responsible for compensating the Company in this regard.
During the Subscription Period, the Subscriber is solely responsible for the Furniture, Appliances, Allied Products and Home Décor component of the Rental Solution which must remain at the Premises and shall not be moved to another location without the prior written consent of the Company. Relocation of the Rental Solution or part thereof or reinstallation of the Rental Solution shall be as per the prevailing Subscription Programme.
Subscriber shall take reasonable good care of the Rental Solution or part thereof and not sell, sub-hire, assign, convey, transfer or create any rights in relation to the Rental Solution or part thereof to another person.
Subscriber may lease the house furnished with Rental Solution only after the written approval of the Company.
Further, the Subscriber shall not alter, modify, re-design, re-colour, re-polish, dismantle, re-assemble, and change any of the Rental Solution or part thereof, without prior written permission of the Company.
Intellectual Property Rights
The Intellectual Property Rights (“IPR”) including trademarks, copyright, design and any other intellectual property in the Rental Solution belongs to the Company. Rental Solution and any other related materials / service via it and IPR therein may not be copied, distributed, published, licensed, used or reproduced in any way.
Subscriber shall do all reasonable endeavours to safeguard IPR of the Company in the Rental Solution and perform no act which violates the IPR of the Company and report promptly to the Company if any third party violates or claims IPR in the Rental Solution in knowledge of the Subscriber and co-operate in any enforcement or other protective action taken by the Company.
Subscriber shall not, and shall ensure that any other Person shall not use any reverse engineering, recompilation or disassembly techniques or similar methods to determine any design, concepts, construction method or other aspects of the Rental Solution, or part thereof for any purpose.
Subscriber shall not make or attempt to make any alterations, modification, additions or enhancements through any means to the Rental Solution or permit the whole or any part of the Rental Solution to be combined with or become incorporated in any other program or Rental Solution.
Subscriber shall keep confidential the terms and conditions of this Agreement and all information disclosed by the Company to the Subscriber in relation to or in connection to this Agreement including the intellectual property rights in the Rental Solution.
Disclaimer and Hold Harmless
The Subscriber agrees that it is the Subscriber’s responsibility to always read the label and/or user manual before using the Rental Solution.
THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE RENTAL SOLUTION OFFERED.
In no event shall the Company or its owners, affiliates, employees, contractors, officers, or agents be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from the Rental Solution, whether based on warranty, contract, tort, or any other legal theory.
The Company shall not be liable for any damages, compensation etc. incurred by the Subscriber or any third Party because of Rental Solution.
The Liability of the Company arising under or in relation to this Agreement shall not be more than one month Subscription Fees.
Breach of Terms
In the event of breach of any of the covenants and conditions to be observed and performed by the Subscriber hereunder, the Company may at their option terminate this Agreement by giving the Subscriber a prior ten (10) days’ notice in writing, specifying the breach complained thereof and requiring its remedy and this Agreement would stand terminated on the expiry of said notice period, unless the Subscriber would have remedied or repaired the said breach before the expiry of the said notice period. Further, the Company shall retain its right to claim damages and/or deduct the damages from the Security Deposit or encash the undated cheques.
Subscriber shall always indemnify, defend and hold harmless the Company from any third party claims including but not limited to by the landlord/owner of the Premises of trespass, damage to the premises, claim of criminal or civil nature or any loss, damage, attorney fees incurred in course/arising out of or in connection with this Agreement.
The Subscriber agrees to hold the Company indemnified and harmless from any and all claims, demands, rights, lawsuits, causes of action, obligations, controversies, debts, costs, expenses (including but not limited to attorneys' fees), damages, judgments, losses and liabilities of whatever kind or nature, fixed or contingent, in law, equity or otherwise, whether known or unknown, whether or not apparent or concealed arising out the Rental Solution.
Upon the occurrence of any of the following events, including but not limited to fire, accident, riots, flood, earthquake, storm, terrorist activities, war, Acts of God, any governmental or municipal action (beyond the control of the Parties), prohibition or restriction, which in any way results in making the Rental Solution or part thereof unfit, the Parties shall have the right to terminate this Agreement forthwith.
If the Subscriber is dispossessed from the usage of Rental Solution or part thereof as a result of any legal proceeding or action against the Company in respect to the Rental Solution or part thereof for the breach by the Company of any law, regulation, rules, bye-laws in force in India, the Agreement shall stand terminated from the date of dispossession of the Subscriber.
Dispute Resolution and Arbitration
In the event of a dispute or difference of any nature whatsoever between the Parties, the same shall be, as far as possible, be resolved through negotiations and in the event of failure of dispute resolution by negotiations, the dispute shall be referred to Arbitration.
Either Party to this agreement can refer the dispute for resolution to a sole arbitrator or in case of disagreement in the appointment of the arbitrator, then to three arbitrators, of which each Party shall nominate one and the third arbitrator shall be appointed by the said two arbitrators. The decision of the Arbitral Tribunal shall be final and binding on both the parties. The venue of arbitration shall be New Delhi and the Arbitration proceedings shall be conducted in accordance with provisions of the Arbitration and Conciliation Act, 1996 or any subsequent modifications thereto. The proceeding shall be in English. Each party shall bear and pay its own costs and expenses in connection with the arbitration proceedings unless the arbitrators direct otherwise.
Notice: Any notice to be served on the other Party shall be sent to the address mentioned in this Agreement or as updated by the Parties from time to time through pre-paid recorded delivery and shall be deemed to have been received by the addressee within 48 hours of posting.
Assignment: The Company may assign any of its rights under this Agreement to any person or entity without the prior written consent of the Subscriber. The Subscriber may assign any of its rights under this Agreement to any person or entity only upon receipt of prior written consent of the Company.
Amendments: No change, modification, or termination of any of the terms, provisions, or conditions of this Agreement shall be effective unless made in writing and signed or initialled by all signatories to this Agreement.
Survival: Termination of this Agreement shall not affect those provisions hereof that by their nature are intended to survive such termination including Clause 6.2, 6.3, 11, 13, 14, 15, 16, 17, 19, 20, 21.1, 21.4 and 21.5.
Governing Law and Jurisdiction: This Agreement shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce this Agreement. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Haryana and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
Severability: If any paragraph, sub-paragraph, or provision of this Agreement, or the application of such paragraph, sub-paragraph, or provision, is held invalid or excessively broad by a court of competent jurisdiction, the remainder of this Agreement, and the application of such paragraph, sub-paragraph, or provision to Persons, or circumstances other than those with respect to which it is held invalid shall not be affected.
Entire Agreement: This Agreement along with its Annexure and Subscription Application Form constitutes the entire agreement between the Parties with respect to the matters contained herein and supersedes any and all prior and contemporaneous agreements, negotiations, correspondence, undertakings and communications of the parties, oral or written, with respect to the subject matter of this Agreement.
These provisions of the Subscription Programme are binding and enforceable and always to be read together with Subscription Agreement entered by the Subscriber along with its Annexures & Schedules.
The Company reserves the right at its sole discretion to vary or amend Rental Solution constituents and/or any of these terms and conditions from time to time.
The Company will notify Subscribers of any changes to the terms and conditions which may affect Subscribers before the revised terms and conditions come into effect.
Subscribers may request a copy of the Subscription Programme from the Company at any time.
“Subscription Month” means 1 (one) month of fully paid Subscription Period.
Any definition not defined in this document shall have the same meaning as ascribed to it in Subscription Agreement.
The Rental Solution
Each Rental Solution offered for Subscription may have various Themes. Each Rental Solution is pre-defined and no customisation of the Rental Solution is permitted. If the Subscription involves more than one room, the Themes can be selected per room.
The Rental Solution subscribed by a particular Subscriber shall be as per the detail in the Subscription Form.
Continuation of Subscription after the Initial Subscription Period
The Subscriber shall inform at least one (1) month before the expiry of Initial Subscription Period to the Company about his/her discontinuance of the Subscription upon expiry of Initial Subscription Period.
If no such information is provided, the Rental Solution will be automatically extended for life time without any further action/information from the Subscriber.
Subscribers can avail following benefits during the Subscription Period (“Benefit”):
The Subscriber can avail of Cleaning Services on prior written notice of 7(seven) days in writing. The Cleaning Service would include cleaning of furniture surfaces and cushions of the Company only.
The Subscriber can avail of the “We move with You” benefit i.e. shifting of the Rental Solution from the Premise to another premise within the city of Gurgaon.
The Company shall be responsible for the shifting/relocating of the Rental Solution only.
Subscribers can avail each Benefit free of cost (“Free Benefit”) once in every 12 Subscription Months which is liable to expire at the end of the 12th Subscription Month.
The next Free Benefit of same kind shall be availed only after the expiry of 12 (twelve) Subscription Months from the date of availing the earlier such Free Benefit.
Any Benefit in excess of the Free Benefit can be availed during Subscription Period for payment of a fee of INR 5000/-only.