MaSHARES Terms and Conditions

1.Welcome to MaSHARES
MaSHARES operates a platform that allows:
(a) users to advertise items for rent (such users being "lenders").
(b) lenders to communicate with and enter into separate contract with other users to borrow (such users that borrow being "borrowers").
(c) borrowers to pay lenders for borrowing the relevant items.
(d) borrowers to provide deposit to lenders based on the amount required in the lender’s advertisement.
(e) lenders to return deposit to borrowers once borrowers return items and comply with lender’s obligation.
(f) users acknowledge that the contract between borrowers and lenders is strictly and solely between the two parties.
(g) users further agree that the MaSHARES service provided by MaSHARES ("MaSHARES", "we", "our", or "us") are in no way liable for any loss or damage suffered by you due to any act or omission by either party.
(h) users responsible for any dispute resolve concerning the rent items.

2. Important warnings about lending and borrowing items
2.1 MaSHARES only provides a platform that enables users to lend and borrow items but do not borrow or lend items themselves. We also do not regularly monitor the quality of the items made available for borrowing by lenders through the MaSHARES service.
2.2 As such, the lender (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a borrower, we will not be responsible to you for any items that you borrow through the MaSHARES service.
2.3 If you are a lender, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for borrowing, including giving effect to borrowers' rights under applicable consumer law and compensating any damage to the borrower or any other person caused by your items.
2.4 If you are a borrower, you will be responsible for any items you borrow through the MaSHARES service, including compensating the lender for any loss or damage to those items upon lender’s rules and fee set up in the advertisement. You will also be responsible for any damage you cause to other people or property when you use those items.

3. Your relationship with us
3.1 This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using the MaSHARES service.
3.2 Additional terms will apply to you depending on whether you are a borrower or lender. Please refer to paragraph 6 if you are a lender, paragraph 7 if you are a borrower.
3.3 By accessing and using the MaSHARES service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the MaSHARES service.

4. The MaSHARES service
4.1 The MaSHARES service allows lenders to rent out their items, to communicate and enter into contracts with borrowers who are willing to rent those items, and able to review lenders, borrowers and also borrowed items.
4.2 We may, from time to time, provide social features on the MaSHARES service, which enable you to message and share information about your use of the MaSHARES service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.

5. Setting up your account
5.1 To access the MaSHARES service, you must set up an account using your email address (your "Account"). You will need to create a password for your Account – we encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account.
5.2 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [email protected] straight away to let us know.

6. Lender Specific Terms
6.1 This paragraph 6 applies to you if you are a lender.
6.2 You must not offer to lend through the MaSHARES service any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for hire in your or the borrower's country of residence. We may remove any items offered for hire from the MaSHARES service if we believe such items are illegal, immoral or damaging to our reputation.
6.3 You are responsible for ensuring that:
(a) you have all necessary rights to rent out any items you advertise on the MaSHARES service, and that the borrower's use of those items will not infringe any other party's rights;
(b) you deliver any hired items to the borrower in accordance with the agreement you reach with the borrower;
(c) any descriptions of the items you advertise for hire through the MaSHARES service are accurate and include all information relevant to the use of the item, including (as appropriate): (i) notice of any defects, restrictions or other requirements that may apply to the use of the item; and (ii) any instructions or notices that may reasonably be required to use the item safely;
(d) the items you advertise on the MaSHARES service: (i) conform in all material respects to any pictures or descriptions that you upload to the MaSHARES service; (ii) are safe to use in accordance with any reasonable instructions that you provide to the borrower; (iii) are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the borrower; (iv) can be legally offered for hire.
6.4 You are free to agree any other terms on which you lend an item to a borrower, including the price you wish to charge to the borrower for borrowing your item for the relevant borrowing period (the "Borrow Fee") and the price you wish to collect from the borrower (the “Damage Fee”) only in case the condition of the returned item is damaged that affects the value, usefulness or normal function of the items. In the other words, lender accepts normal wear and tear. When you post items for lending on the MaSHARES service, you must ensure that the Borrow Fee and Damage fee you advertise on your listing is the total price payable for hiring your items as per a period selecting, including any applicable taxes or costs of delivery and do not exceed the item value itself. 
6.5 Once you agree the terms on which you will lend an item to a borrower, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the borrower agrees to those amended terms.

7. Borrower Specific Terms
7.1 This paragraph 7 applies to you if you are a borrower.
7.2 When you agree to hire an item with a lender, the lender grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.
7.3 You are responsible for ensuring that:
(a) you are legally allowed to use any item that you borrow through the MaSHARES service;
(b) you comply with all applicable law when using the item;
(c) you comply with any reasonable directions provided by the lender in order to use the item safely;
(d) you return the item in the same condition as it was in when you collected it from the lender (any reasonable wear and tear excepted).
7.4 You are free to agree with the lender how you will return any items you have hired to the lender; however, you must ensure that return any items you have hired to the lender before your hire period ends.
7.5 You will be responsible for any loss of or damage to the item you have hired. Please see paragraph 14 for more information about how we handle disputes between borrowers and lenders, including any if the item is damaged, lost or stolen.
7.6 If you fail to return an item by the agreed deadline you must contact the lender and or MaSHARES to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. The lender may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the lender within a timeframe that suits the lender. You agree that MaSHARES can charge this amount from your card or bank account without further permission.

8. Your content
8.1 You confirm that any images, text or information that you upload to the MaSHARES service, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Rules of Acceptable Use.
8.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the MaSHARES service (including allowing users that you give access to any User Content to view and use your User Content).
8.3 You must ensure that you are able to grant us the above license for any content owned by a third party that you include in your User Content.
8.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
8.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

9. Rules of Acceptable Use
9.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the MaSHARES service (the "Rules of Acceptable Use").
9.2 When using the MaSHARES service you must not:
(a) circumvent, disable or otherwise interfere with any security related features of the MaSHARES service;
(b) give any false or misleading information, impersonate any person or permit any other person to use the MaSHARES service under your name or on your behalf unless such person is authorised by you;
(c) use the MaSHARES service if we have suspended or banned you from using it;
(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
(e) promote or advertise any goods or services, other than items you, as a lender, make available for hire through the MaSHARES service;
(f) send any unsolicited marketing communications through the MaSHARES service;
(g) modify, interfere, intercept, disrupt or hack the MaSHARES service;
(h) misuse the MaSHARES service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the MaSHARES service or any user of the MaSHARES service's own equipment;
(i) collect any data from the MaSHARES service other than in accordance with these Terms and Conditions;
(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(l) use any User Content in violation of any licensing terms specified by the owner;
(m) other than leaving reviews about lenders or items, submit or contribute any information or commentary about another person without that person's permission;
(n) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and MaSHARES employees);
(o) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the MaSHARES service in a manner that send more request messages to the MaSHARES service than a human can reasonably produce in the same period of time;
9.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
(a) immediate, temporary or permanent withdrawal of your right to use the MaSHARES App or any other portion of the MaSHARES service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.4 The responses described in paragraph 9.3 are not limited, and we may take any other action we reasonably deem appropriate.

10. Notice and takedown policy
10.1 Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through the MaSHARES service infringes their rights. The Infringement Notice should be sent by email to [email protected]. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through the MaSHARES service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
10.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

11. Resolving disputes between borrowers and lender
We encourage users to resolve any disputes directly.
11.1 If you are a borrower, it is your responsibilities to check and test the item once received from the lender. In case you find the item is damaged, malfunctional, broken, have some scratches or any kinds of visibilities deviating from normal condition that could raise dispute between you and lender, you are responsible to report those findings in MaSHARES by taking photos and putting notes for a record before transferring Borrow fee and deposit to the lender, otherwise you agree that the item you received fully function and visibly good condition. If, as a borrower, you have lost the item, you are responsible for reimbursing the lender immediately for replacing it. If, as a borrower, you have damaged the item, you are responsible for Damage fee or the full value of repairing the item (if possible) as determined in lender’s rules or advertisement. 
11.2 If you are a lender, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a borrower. Where you claim that a borrower has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a borrower, to support your claim that any damage was caused by the borrower (and was not present at the start of the hire period).

12. Ending our relationship
12.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the MaSHARES service, you must immediately stop using the MaSHARES service.
12.2 Deleting the MaSHARES App might not close any Account you have created in relation to the MaSHARES service. You must notify us if you wish to close your Account by contacting us and we will end your use of the MaSHARES service.
12.3 We may immediately end your use of the MaSHARES service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the MaSHARES service including these Terms and Conditions.
12.4 We may also withdraw any part of the MaSHARES service at any time and will notify you if we feel it will significantly affect your usage of the MaSHARES service.
12.5 If you or we end your use of the MaSHARES service or we withdraw MaSHARES service as described in this section, we may delete your User Content, any other information that you have uploaded to the MaSHARES service or any other information we hold about you. You will also lose any rights you have to use the MaSHARES service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the MaSHARES service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the MaSHARES service or any such information, content or User Content.
12.6 The termination of your use of the MaSHARES service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.

13. Our liability/responsibility to you
13.1 While we will do our best to ensure that the MaSHARES App itself is of a reasonable standard and quality and matches any descriptions we have provided you, the MaSHARES App and any other portion of the MaSHARES service may contain some content owned or developed by third parties. As we do not own or produce such third-party content, we cannot be responsible for it in any way.
13.2 In addition, due to the nature of the Internet and technology, the MaSHARES service is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the MaSHARES service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the MaSHARES service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
13.3 In the event of a claim arising out of the provision of the MaSHARES service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
13.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
13.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

14. Resolving disputes with us
14.1 If you have a dispute with us relating to the MaSHARES service, in the first instance please contact us at [email protected] and attempt to resolve the dispute with us informally.
14.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

15. Other App Marketplaces and Platforms
15.1 This paragraph 18 applies where the MaSHARES App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform "):
(a) you acknowledge that these Terms and Conditions are between you and MaSHARES, and not with the provider of the Distribution Platform ("Store Provider");
(b) your use of the MaSHARES App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;
(c) the Store Provider is only a provider of the Distribution Platform where you obtained the MaSHARES App;
(d) MaSHARES, and not the Store Provider, is solely responsible for the MaSHARES App;
(e) the Store Provider has no obligation or liability to you with respect to the MaSHARES App or these Terms and Conditions; and
(f) you acknowledge and agree that the Store Provide r is a third-party beneficiary to these Terms and Conditions as it relates to the MaSHARES App.

16. Documents that apply to our relationship with you
16.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.
16.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the MaSHARES service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.
16.3 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

17. Law
17.1 Thai law will apply to all disputes and the interpretation of these Terms and Conditions. If we need to apply to court to enforce any part of these Terms and Conditions against you or resolve any other dispute between us arising from or related to your use of the MaSHARES service, we will initially seek to apply to the Thai courts. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the MaSHARES service heard in the courts of that country.

18. Contact, feedback and complaints
18.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at [email protected].
18.2 We value hearing from our users, and are always interested in learning about ways we can improve the MaSHARES service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.