Definition of Terms

• Booking Date: The date you order a rental, as shown in your confirmation email and on your account dashboard.

• Content/Platform Content: Any photos, text, or other information posted on the HERBAG Platform or our social media by us or our members.

• Members: Individuals who have successfully registered and been accepted by HERBAG to utilise our Services.

• Lend/Lending: When a Lender provides an item for rent to a Renter through HERBAG, in exchange for a Rental Fee.

• Lender: A Member who offers items for rent on HERBAG.

• Remediation Costs: If arbitration or remediation services lead to significant costs, HERBAG may charge a reasonable fee for these services.

• Rent/Renting/Rental: The process of a Member renting an item through HERBAG.

• Rental Period: The duration of a rental, from the Rental Start Date to the Rental End Date.

• Renter: A Member who rents an item through HERBAG.

• Replacement Value: HERBAG’s estimate of an item’s current market value, which is final and binding.

• Security Deposit: A hold on the Renter’s credit card for high-value items, released when the item is returned in good condition.

• Service(s): Short-term rental or lending of items through HERBAG.

• Third-Party Content: Links or references to content from other websites, products, services, or materials.

• Users: Both Members and non-registered visitors to HERBAG.

• HERBAG Offering: The services and content provided through the HERBAG Platform, including short-term rentals.

• HERBAG Platform: Our website and transactions that may occur on our social media accounts.

Contact and Company Information

HERBAG is registered with formation number …………………… under license number …………….., with our registered office located at ……………., Kuwait.

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2. Cookies Our website uses cookies for technical purposes, analytics, and social media integration. By accessing the site, members agree to the cookie policy. Disabling cookies may impact certain features.

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3. HERBAG Platform and Offering When you lend or rent an item, you enter into a binding agreement and commit to following the Terms throughout the service period. In the event that HERBAG faces legal action due to a Member’s actions (including any breaches of these Terms), we reserve the right to request indemnification. This means covering all costs, including legal fees, and holding us harmless from any legal claims or demands arising from such actions. If we choose to defend against such claims, you agree to assist us as reasonably requested

3.1. Changes or modifications We retain the right to modify our Offering and these Terms (without restrictions) to align with changes in applicable laws and regulations, implement necessary technical adjustments, and enhance the HERBAG Offering. We advise you to review these Terms each time you utilize the HERBAG Offering to stay informed about any updates. By continuing to use the HERBAG Offering and Platform after any changes are made, you implicitly accept the revised Terms

3.2.  Access and availability  While we make every effort to keep the HERBAG Platform fully operational, we cannot guarantee uninterrupted service. Access to the HERBAG Platform is provided on a temporary ‘as is’ basis. We reserve the right to suspend, withdraw, discontinue, or modify any part of the HERBAG Platform and Service without prior notice. HERBAG will not be held liable if the platform becomes unavailable at any time  

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4. Use of the Platform

• You must be at least 18 years old to use this website and create an account with us

• You agree not to use the platform for any illegal or unauthorized purpose.

• We reserve the right to terminate or suspend your account if you violate these terms.

• To access and use the full range of HERBAG Offerings and to enable HERBAG to comply with its legal obligations, all Members must provide us with a valid government identity card, and hold a valid credit card in their name.

• By creating an account with us, you represent that you have the capacity to enter into legal contracts

• You are responsible for maintaining the confidentiality of your account details and for any activities that occur under your account. If you have any concerns that your account has been misused, you should contact us at ………………………

• You shall not create and/or hold more than one Herbag account, except with our express written consent.

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5. Standard Terms

5.1          Registration

• To access and use the HERBAG Offering, you are required to set up an account and register to become a Member. You must become a Member to rent through the HERBAG Platform.

• Lenders must register via email and sign a Lender Agreement in addition.

• You are required to supply certain information, including personal information to complete the registration form successfully.

• You are the only person authorised to access and use your account and your account is non-transferable. HERBAG is under no obligation to accept any individual as a Member and reserves the right to accept or reject any membership application at its sole and absolute discretion.

• When you register with HERBAG, it’s essential that the information you provide is accurate. If any details change, please update them promptly. Your commitment to accuracy ensures a smooth experience.

• Upon successful registration, HERBAG grants you a revocable, non-transferable, non-exclusive, and non-sublicensable license to access and use the HERBAG Offering for personal purposes. Always comply with our Terms.

• Additionally, you agree to indemnify HERBAG against any claims arising from your breach of these Terms. • If you suspect unauthorized account use or a security incident, notify us immediately. Safeguard your login details; you are solely responsible for all activities on your account. Here are the actions you must avoid: i. Copying or Distributing Content: Do not copy, reproduce, distribute, or exploit HERBAG Platform content without prior written consent from HERBAG or third parties. Ii. Infringement: Respect copyright, trademark, and other rights. Do not lend counterfeit products. Iii. Cancellation Abuse: Avoid repeatedly cancelling rentals. iv. Fee Avoidance: Do not engage in activities that HERBAG deems fee avoidance. v. Illegal or Dishonest Actions: Stay within legal boundaries. vi. Suspension/Ban: Do not continue using HERBAG if suspended or banned. vii. Harmful Use: Do not harm HERBAG’s business through platform misuse. HERBAG reserves the right to take immediate action if any of the above occur, including license revocation, service cancellation, refusal to list items or suspension.

5.2 Service Continuity on the HERBAG Platform We strive to provide a reliable and efficient HERBAG Offering, but it’s important to recognize that sometimes technical hiccups happen. By using our platform, you understand that:

• Service Interruptions: The service may not always run smoothly and could be interrupted.

• Possible Delays: There might be delays, and sometimes the information might not be up-to-date.

• Maintenance Breaks: We may need to take the service offline occasionally for upkeep or due to technical issues.

• Security Risks: Despite our best efforts, the service could be vulnerable to cyber threats. Please note, that HERBAG isn’t liable for any inconveniences or losses caused by these issues. We appreciate your understanding and patience.

6. Privacy

• We collect and process personal data according to our Privacy Policy.

• By using Herbag, you consent to our data practices.

• You can sign up for marketing emails to hear about all the latest news and styles at HERBAG (you can unsubscribe at any time by clicking the link in any emails you receive from us). For more information about how we use your personal information, we recommend that you review HERBAG’s Privacy Policy here ……………..

7. Payment method We utilise Stripe as our third-party payment processor. By registering to become a Member, you implicitly accept that Stripe’s Terms of Service are part of these Terms and are incorporated by reference. Additionally, we collaborate with local shipping service providers to deliver our products to you. Operating the HERBAG Platform necessitates sharing your details with Stripe for payment processing and with our shipping service provider for product delivery. If you do not agree to the processing of your personal data according to these third-party providers’ terms and conditions, kindly refrain from using the HERBAG Offering immediately

8. Intellectual Property

Respect By using the HERBAG Platform, you recognise that it doesn’t grant you ownership of any Intellectual Property Rights belonging to HERBAG or its licensors. You agree not to:

• Imitate HERBAG’s Branding: Avoid registering or using trademarks, domain names, or trade names that could be mistaken for HERBAG’s.

• Damage the Brand: Do not engage in actions that could harm HERBAG’s reputation or brand image. HERBAG holds all Intellectual Property Rights to its offerings and content on the platform, including but not limited to text, visuals, and software. These are globally protected by copyright laws. You understand that you gain no Intellectual Property Rights from using HERBAG’s services or content. Use of HERBAG’s offerings and content must align with these Terms.

• Commercial Use Prohibition: Do not use any content or data from the HERBAG Platform for commercial purposes without permission.

9. Responsibility and Liability Please note that product images on the HERBAG Platform are for reference only and may not be exact representations. Variations may occur due to photo processing. HERBAG is not liable for:

• Product Availability: Any shortage or unavailability of products for order.

• Unforeseen Events: Circumstances beyond our control, such as natural disasters, strikes, or disruptions in postal and communication services.

• Technical Issues: Unavailability of the HERBAG Platform due to server or ISP problems. Compensation Limitation: Any compensation from HERBAG is capped at the transaction value that caused the claim. This limitation will persist even if the contract is terminated for any reason.

9.1 FEES

• All fees are charged in Kuwait Dinar and may be subject to future changes, which will be updated on the HERBAG Platform.

• Rental Costs: The cost of renting a product includes the Rental Fee and Delivery Fee. A Security Deposit may be required for high-value items.

• Price Guarantee: Once you receive your order confirmation, the price, VAT, and fees are locked in and will not change.

• Payment Processing: We partner with Stripe for secure payments. By using HERBAG, you consent to us sharing necessary information with Stripe. Stripe may occasionally request additional identification to continue providing services.

• Account Termination: HERBAG may terminate accounts without refund or compensation for non-compliance, especially in cases of loss, theft, or damage to rented items. Termination is effective immediately upon notification. Members must return any rented items and settle outstanding dues promptly.

• Accuracy of Information: You affirm that all information provided during registration is accurate and commit to updating any changes swiftly.

• Payment Terms: Unless stated otherwise in the order or in these conditions, the service is paid only by credit card on secure bank servers. We only accept Visa and MasterCard credit cards in Kuwaiti Dinar. No banking information communicated to the Member or HERBAG is transmitted via the site ……………. When confirming your order, you are directed to the secure payment site of the payment gateway provider which incorporates the standard SSL security. Confidential data is transmitted in encrypted form to the payment gateway provider. Cardholders are to retain a copy of transaction records.

• Payment Default: HERBAG reserves the right to decline any order due to previous payment issues or other valid reasons. If an amount remains unpaid beyond the due date, it will accrue interest at a rate equal to one and a half times the legal interest rate. No formal notice is required for this interest calculation.

10. Member’s Liability While these terms do not limit your liability for fraud, fraudulent misrepresentation, or personal injury caused by negligence, here are your specific responsibilities:

• Replacement Value: You must have sufficient funds available to cover the Replacement Value of lost or damaged items. Before booking a rental, contact HERBAG to determine the Replacement Value. Never rent a product without adequate funds to cover this value.

• HERBAG’s Discretion: HERBAG has sole discretion in determining the appropriate Replacement Value for any product. Their decision is binding.

• Loss or Damage Charges: If an item is lost or damaged, HERBAG may charge your Payment Method an amount per affected item, up to the Replacement Value. These charges will be deducted from your account without prior permission, as you hereby consent.

• Debt Collection: In cases of outstanding payments for damage or loss, HERBAG may engage debt collectors or file claims through the courts. Reasonable expenses incurred during the collection process will be added to the debt.

10.1 HERBAG’s Liability When you rent or lend products through HERBAG, you do so at your own risk. We don’t endorse or guarantee any items or users, nor do we take responsibility for their actions during a service. We’re not liable for:

• Product Control: We don’t control the items and can’t commit to their quality, safety, or legality.

• Service Completion: We can’t guarantee the truth of listings, the ability of lenders to lend, or renters to pay and complete the service.

10.2 Liability Limitations

• Delivery Issues: We’re not liable for delivery delays or losses due to incorrect or insecure delivery details provided by a member.

• Foreseeable Losses: We’re responsible for losses caused by our failure to comply with these Terms or lack of reasonable care, but not for unforeseeable losses.

10.3 Lender Warranties and Representations As a Lender on HERBAG, you confirm that:

• Terms Acceptance: You’ve read and accepted these Terms.

• Ownership Rights: You own or have rights to the items you list.

• Accurate Descriptions: You’ve provided truthful descriptions and values of your items.

• Fee Compliance: You won’t engage in fee avoidance.

10.4 Lender Acknowledgements

• Pricing Rights: HERBAG can adjust rental fees based on demand.

• Legal Compliance: You’re responsible for meeting all obligations under these Terms and applicable laws. 10.5 Delivery / Dispatch / Returns

• Delivery Partners: We use various delivery partners and choose the method at our discretion.

• Delivery and Returns: If delivery attempts fail due to incorrect details or unresponsiveness, we’ll notify you. If items aren’t returned in the provided packaging, we may charge you for it.

• Delivery Liability: The lender owns the item until the renter receives it, who then becomes liable for any loss or damage.

10.6 Filing and Proof

• Records in HERBAG’s computer systems serve as proof of transactions, and we maintain a reliable accounting system for filing.

11.1 Rights and Remedies

• Exercise of Rights: Delay in exercising rights under these Terms does not waive those rights.

• Severability: If any part of these Terms is invalid, that part will be removed, and the rest will remain effective.

11.2 Independence of Parties

• No Partnership: These Terms do not create a partnership or joint venture.

• Assignment of Rights: HERBAG may assign its rights under these Terms. You shall not assign yours without HERBAG’s express written consent.

12. Rental Terms 12.1 Use of Items

• Care of Items: Use items carefully and protect them from damage.

• Personal Use: Items are for your personal use only, not for lending or commercial purposes.

12.2 Renting Services

• Rental Agreement: By requesting a rental, you agree to these Terms and confirm your profile is accurate.

• Funds: Ensure you have funds to cover rental costs, including potential loss or damage.

12.3 Rental Period

• Return of Items: Return items by the end of the rental period or request an extension through HERBAG.

• Late Returns and Renewal: If you don’t return an item on time, HERBAG may renew the rental at the current price.

12.4  Item Damage

• Responsibility: You’re responsible for any loss or damage to items.

• Notification: Report any damage within 24 hours and do not attempt repairs. 12.5 Charges for Damage

• Security Deposit: HERBAG may retain the deposit for damaged items.

• Replacement Value: You may be charged up to the item’s replacement value for significant damage

13. Cancellation Policy

At HERBAG, we understand that plans can change. That’s why we’ve designed a flexible cancellation policy that respects both our Renters and Lenders. For Renters:

• Flexible Cancellation: You can cancel your rental order up to 48 hours before the Rental Start Date without any penalty.

• Late Cancellation Fee: If you cancel less than 48 hours before the Rental Start Date, a fee equivalent to 50% of the Rental Fee will be charged to cover the Lender’s preparation costs.

• Emergency Cancellations: In exceptional circumstances, such as illness or unforeseen events, we may waive the late cancellation fee. Documentation may be required. For Lenders:

• Cancellation Notification: If you must cancel a rental agreement, please notify the Renter and HERBAG as soon as possible.

• Lender Cancellation Fee: Repeated cancellations by a Lender may result in a fee or suspension from the platform to ensure reliability for our Renters. General Terms:

•  Refunds: Any refunds due will be processed back to the original payment method within 7 business days.

• Security Deposit: If a cancellation occurs, any Security Deposit held will be fully refunded, provided there are no outstanding claims.

• Modifications: If you need to modify a booking, please contact us at least 48 hours before the Rental Start Date to make arrangements without penalty. We encourage both Renters and Lenders to communicate openly and promptly to avoid any inconvenience. For more details or assistance with cancellations, please contact our support team at ……………….

14. Miscellaneous

• These Terms are the complete and exclusive agreement between us, replacing all prior agreements.

• Time is of the essence for all times, dates and periods specified in these Terms which means that any delay of performing a duty will justify termination of our agreement with you.

• Notice to you shall be sent via email to the email address provided by you at registration.

• Any communications shall be deemed to have been received on the next business day after sending.

• No party has any claim or remedy for any statement not included in these Terms.

15. Governing Law

• Jurisdiction: Disputes will be governed by Kuwaiti law and resolved exclusively in Kuwaiti courts.