DEFINITION OF TERMS:
App: all and any applications or systems used to provide you the Service.
Commissions: “Fees” are the fees payable by the “User” under this “Service”.
Intellectual Property means: (a) copyright; (b) all rights conferred under statute, common, civil law or equity in relation to inventions (including patents) (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) product imagery; (f) confidential information; (g) product descriptions, graphics and code; and (h) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
Item: means an item being leased/rented or bought/sold from a Lender to a Renter or Buyer to a Seller under these Services.
Item Problem: means a material problem or issue with an item leased, rented, bought or sold from a Lender to a Renter or Buyer to a Seller under these Services including but not limited to the Lender cancelling a rental shortly before it is due to start, the Lender not allowing the Renter to use the Item as intended or the Lender failing to describe the condition and characteristics of the Item correctly.
Fainin: refers to “Fainin”, and the terms “we”, “us” , “our” which is the party providing the “Product” , “App” , “Application”, “Website” and “Services” to the “User”..
Products: all “Services”, “Products” and “Online Services” we provide our “Users".
Services: all activities on Fainin’s “Apps”, “Websites” and any other products or services we provide our “Users”.
Users: Refers to “Renters”, “Lenders / Owners”, “Buyers”, “Sellers”, “you”, “your”, “Client”, “Business”, “Member” and any person who has access to the Fainin Service either as a guest or through an account.
Website: “website”, “site”, “Applications” and all websites used in relation to the “Services.”
- BY USING THESE SERVICES PROVIDED BY US FAININ THROUGH OUR APP OR WEBSITE you the User unconditionally and irrevocably agreed to and are bound by these Fainin Terms and Conditions Terms. The User’s general terms and conditions are hereby expressly excluded.
- PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THE APP OR WEBSITe, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF SERVICE. THERE ARE ASSOCIATED RISKS WITH USING SUCH SERVICES AND THE DISCLOSURE OF SENSITIVE INFORMATION. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS SERVICE NOW WITHOUT ANY CHARGE, COST OR COMMITMENT AND DO NOT ACCESS OR USE THE SERVICE.
- ELIGIBILITY AND REGISTRATIONTo be eligible for registration and use of the Products, Services, App and Website you must:
4.1 Be at least eighteen (18) years of age or have parental or legal guardian consent;
4.2 only register for the Products, Services, App and Website for the intended purpose of these Services;
4.3 only register for the Products, Services, App and Website legally pursuant to your state or country.
- RESPONSIBILITY FOR MINORSIn cases where you have authorized a minor to use these Services you recognize that you are fully responsible for:
5.1 the online conduct of such minor;
5.2 controlling the minor’s access to and use of the Service; and
5.3 the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service, App and Website may contain material that is inappropriate for minors.
- REGISTRATION, ACCOUNTS AND LOGIN6.1 Users can log in to the Website and Services via:
6.1.1 Fainin Account;
6.1.2 Facebook Login;
6.1.3 Login through Google;
6.1.4 Login through Instagram;
6.1.5 Login through Twitter;
6.1.6 Other social media.
6.2. Fainin Account registration is free of charge.
- USER RESPONSIBILITIES8.1 We will aim to provide the App, Website and Services as accurately and up to date as possible. By using these Services, you the User irrevocably and unconditionally agree to not act in a way that may constitute:
8.1.1 Illegal activities;
8.1.2 Breach of any applicable laws;
8.1.3 Violation of these Terms;
8.1.4 Accessing the Services via systems automation such as spambots or similar;
8.1.5 Any such spam activities;
8.1.6 Registering multiple accounts per one User;
8.1.7 Using the App or Website in a way that could cause harm to others;
8.1.8 Posts mit volksverhetzenden, bedrohlichen oder gewalttätigen Bewertungen;
8.1.9 Hacking or accessing the App or Website other than methods listed in these Terms.
8.2. Fainin allows its users the upload of products, requests, texts, images and other contents. The upload of content which infringes existing laws, these terms or the rights of a third party in any way is prohibited. In particular, it is forbidden to upload or post contents,
8.2.1 that violate copyright, trademark and competition law regulations;
8.2.2 that violate youth protection regulations,
8.2.3 which contain calls for crimes or monetary donations,
8.2.4 which are insulting, abusive, discriminatory, racist or National Socialist in nature,
8.2.5 that contain pornography or prostitution,
8.2.6 containing alcohol, tobacco products or drugs within the meaning of the German narcotics law, as well as corresponding accessories,
8.2.7 contain media marked “No youth release”, “Approval from 18”, “FSK 18”, “USK 18” or similar media,
8.2.8 which could be of a nature that glorifies violence or is disturbing for other users.
8.3 We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated. Users are advised to trade through the Fainin App or Website and not go direct to other Users, especially if initially established contact through the App or Website. Failure to do so results in a loss of the provided insurance coverage, support and other services.
- FEEDBACK POLICY9.1 Our Services included a feedback review section. These reviews are useful for other potential Users and Users. We aim to provide this service complementary for all Users and request you assist in following the below terms.
9.2 Terms of feedback include but are not limited to:
9.2.1 Do not leave duplicate reviews;
9.2.2 Do not post outside or irrelevant links in reviews;
9.2.3 Do not use the review for self-promotion;
9.2.4 Do not leave personal information or details;
9.2.5 Do not leave hateful, harmful or hurtful reviews;
9.2.6 Do not leave insulting reviews;
9.2.7 Do not misspell products where possible; and
9.2.8 Do leave sufficient details and honest review information.
9.3. We reserve the right to:
9.3.1 Edit or delete reviews as necessary;
9.3.2 Request further information or proof;
9.3.3 Verify if the User has actually used the product; and
9.3.4 Suspend or delete a User account for breach of any of these Terms;
- RENTING AND LENDING AN ITEMA request to rent an item is made from the Renter to the Lender. If the request is accepted, payment is made and held in Fainin Escrow. The Renter and Lender then decide whether to personally hand in the item or ship it. After sending or personally handing over the item the Lender indicates within the App or Website that the item is sent. In case of shipping, the Renter acknowledges that it could take up to 3 working days for an item to be received by mail. The Renter receiving the item also indicates in the App or Website when the item is received, if the Renter does not indicate within 4 working days that the item has been received, the item will automatically be marked as received. Once these two steps take place the payment is unlocked from Fainin Escrow to Lender.
- BUYING AND SELLING AN ITEMA request to buy an item is made from the Buyer to the Seller. If the request is accepted, payment is made and held in Fainin Escrow. The Buyer and Seller then decide whether to personally hand in the item or ship it. After sending or personally handing over the item the Seller indicates within the App or Website that the item is sent. In case of shipping, the Buyer acknowledges that the it could take up to 3 working days for an item to be received by mail. The Buyer receiving the item also indicates in the App or Website when the item is received and by doing so accepts the item back in the same condition minus some normal wear and tear. If, the Buyer does not indicate within 4 working days that the item has been received, the item will automatically be marked as received. Once these two steps take place the payment is unlocked from Fainin Escrow to Seller.
- FAININ TOKEN ECONOMYAs per industry standard, Fainin Tokens are considered as utility tokens and are used as digital coupons within the community. Users will be given tokens either by Fainin or other fellow Users when completing certain transactions such as signup, rating, lending and renting.
- PAYMENT AND RETURN POLICY13.1 Payment processing services for Services provided on Fainin are provided by Paypal and Stripe and are hence subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Renter on Fainin, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Fainin enabling payment processing services through Stripe, you agree to provide Fainin accurate and complete information about you and your business, and you authorize Fainin to share it and transaction information related to your use of the payment processing services provided by Stripe.
13.2 If delivery method is mail shipment and If previously agreed, a grace period can be determined between the Renter and Lender. Fainin takes no responsibility for insurance coverage or payment outside the initially agreed on rental period unless extended within the app and service charges are applied. Fainin takes no responsibility for insurance coverage while in transit with a shipping company. If an item is shipped your data will need to be shared with the shipping company. If item is returned after that period, we have the right to charge up to two times (2x) the rental price, for the duration the item was unavailable to the Renter.
- REFUND AND CANCELLATION POLICY14.1 If a Renter encounters an Item Problem as defined above, we may at our own sole discretion take the following actions. All determinations with respect to refunds shall be final and binding on the Renter and Lender. We may:
14.1.1 Reimburse the Renter up to the amount paid to you through the Services;
14.1.2 Find and book the Renter an alternative item for the remaining duration of your share; or
14.1.3 Find another remedy in the reasonable discretion of Fainin.
14.2 Lenders may cancel confirmed listings made through the Services. In such instances, Fainin will reimburse the fee to Renter within a reasonable time of the cancellation.
14.3 Renters can cancel an item before the rental is confirmed by the Lender. Fainin will cancel any pre-authorization to the Renters chosen payment method. If Renters wish to cancel a rental after confirmation but before use, the Lender listing might include any specific cancellation requirements the Renter would need to adhere to, if no cancellation requirements are present, it is the sole responsibility of both the Lender and Renter to accept and agree to cancel the rental agreement and contact Fainin for Support. Fainin’s ability to refund any Lender Fees will depend on the terms of the applicable cancellation policy of the Listing or on the agreement reached by the Lender and the Renter and after consulting and confirming with Fainin support. The Fainin Fee is not refundable to the Renter regardless of the cancellation policy provided by the Lender.
- PEER TO PEER RENTAL RESPONSIBILITIESThe Fainin Service is that of an intermediary or “middleman” merely connecting individuals. Beyond the insurance coverage we provide as part of these Services we do not and cannot guarantee the performance of these Services or take responsibility for Users. All Users have the responsibility to act and perform within these Terms and cooperate at all times. This includes following insurance coverage procedures and rental extension procedures. Lenders are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur between Users. Only use and handle Items as they have been intended and respect all Items being lent. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender and Renter are both individuals the relationship is that of a peer to peer agreement. Income taxes may also be applicable and it is the Renter’s responsibility to ensure all taxes and duties are legally paid and correct.
- BUSINESS TO CUSTOMER RENTAL RESPONSIBILITIESThe Fainin Service is that of an intermediary or “middleman” merely connecting individuals and businesses. Beyond the insurance coverage we provide as part of these Services we do not and cannot guarantee the performance of these Services or take responsibility for Users. All businesses have the responsibility to act and perform within these Terms and cooperate at all times. This includes following insurance coverage procedures and rental extension procedures. Businesses are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur between Businesses and Users. Only use and handle Items as they have been intended and respect all Items being lent. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender is a business and the Renter is an individual the relationship is that of a business to customer agreement.
- BUSINESS TO BUSINESS RENTAL RESPONSIBILITIESThe Fainin Service is that of an intermediary or “middleman” merely connecting businesses and other businesses. Businesses have the sole responsibility to offer their own insurance coverage for their own items rented within the Service and App. Fainin does not and cannot guarantee the performance of these Services or takes no responsibility for insuring items rented from businesses to businesses. All Businesses have the responsibility to act and perform within these Terms and corporate at all times. This includes rental extension and cancellation procedures. Businesses are to list items honestly and accurately with recent photos and videos where possible. Full cooperation and communication should occur between Businesses. Only use and handle Items as they have been intended and respect all Items being lent. All items are to be returned on the conditions set by the Lender and in the exact same condition. Where the Lender and Renter are both business the relationship is that of a business to business agreement.
- RENT TO BUY POLICY18.1 The Fainin Service may in some cases offer Users a rent to buy option.
This may be in the form of peer to peer, business to consumer or business to business. Also known as try before your buy; an option may be agreed between the prospective Buyer and Seller to allow the rented item to be bought at the end of the rental period. The Insurance coverage under these Services only covers the rental period but long-term insurance coverage may be offered through our partner providers on enquiry.
18.2 The condition of the item is that of the condition it is handed over from the Seller to the Buyer. You may be offered a warranty from a User when buying an item. This may include a warranty cost and a warranty period as well as inclusion and exclusions. It is the Buyer’s responsibility to adhere to any warranty terms to maintain a valid and claimable warranty. The specific terms of your warranty will be presented to the Buyer from the Seller at the point of purchase directly between the Buyer and Seller.
18.3 There may be additional taxes including but not limited to VAT when purchasing an item. It is the Seller’s responsibility to ensure all taxes and duties are legally paid and correct.
18.4 Insurance coverage under the App and Services are only applicable to rental periods. Once an item is bought it is the Buyer’s responsibility to arrange insurance coverage for the item.
- FAININ RESPONSIBILITIESIt is our responsibility to provide the Products, Services, App and Website in good working order for the purposes of User purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services, except if they are caused through willful or grossly negligent behavior from Fainin’s side. We will aim to provide the Products, Services, App and Website compatible with most browsers, interfaces and website themes. However, this may not always be possible on every reader and every version.
- LIMITATIONS OF USEWe are under no obligation to guarantee the products under these Terms except as stated in the Refund Policy, as long as there has been no willful or grossly negligent behavior from Fainin’s side. You agree to follow the Terms within this agreement.
- THIRD PARTY RIGHTSThe App may contain hyperlinks, banner ads and content directing Users to other sites other than this App or Website. This content is only provided as additional to the Services and as such does not imply a relationship, affiliation or sponsorship to a third party. We cannot control cookies and banner adverts appearing on your browser and take no responsibility for their content.
- INTELLECTUAL PROPERTY22.1 We retain the ownership of all Intellectual Property rights in and to the Services, App or Website. This includes the business name Fainin and the tag line Fainin. All content that is contained within these Services are licensed to Fainin and includes all areas as defined above. We grant you a limited, revocable, personal, non- transferable, non-exclusive license to use the App and Website or Services for User purposes in line with applicable laws and to print or electronically copy order summaries for the sole purpose of placing an order or for personal records for an order that has been placed with Fainin. Permission to use, distribute, or reproduce any content from Fainin for commercial purposes is strictly prohibited unless authorised by Fainin.
22.2 You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Terms transfer the Intellectual Property Rights to the Services, App or Website. You grant us a royalty- free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the App or Website in connection with our operation of the Services.
- INTELLECTUAL PROPERTY OF THIRD PARTIESBanner ads, click ads and other promotional material used in these Services may belong to third parties. As such these Terms and use of these Services do not grant you license or right to use such content. It does not imply an intellectual property rights to you. If you see a breach of intellectual property you can report it to us at email@example.com.
- PROFESSIONAL INFORMATION DISCLAIMERWe may make certain information available provided by third parties relating to these Services including but not limited to insurance providers. This information is provided as a guide and as entertainment purposes only and should not be interpreted as a recommendation. Use of these Services does not replace consultations with professionals. As information is constantly updated some information may be out of date from time to time. You agree that all risk associated with the use of, or reliance on, any of the information rests with you. Further you agree that we and our suppliers shall not be liable directly or indirectly in any way for any loss or damage of any kind as a result of your use of these Services, as long as there has been no willful or grossly negligent behavior from Fainin’s side.
- MUTUAL NO EXCLUSIVITYThese Terms do not create an exclusive relationship between the parties. We are free to engage other Users and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.
- CHANGES AND VARIATIONSWe may change, suspend or discontinue any part of the Services at any time at our sole discretion. We may revise, change or modify these Terms at any time by making updated Terms available through the App and Website. Before these updated Terms come into effect, you will be notified about the changes through an E-Mail. If you do not agree with the updated Terms, you can terminate this contract at any time and without cost. This information will also be provided in the stated E-Mail. By not terminating the updated Terms, before they come into effect, continued use of the Services will be deemed acceptance of the updated Fainin terms and conditions.
- TERMINATION AND BREACH OF TERMSWe reserve the right to decline, suspend or terminate your User registration and use of the Services, or cease the Services in its entirety, at any time for a variety of reasons, including a breach of law, a breach of the rights of a third party or for a breach of these Terms by you or to protect users from fraud or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.
- LIABILITY28.1 You must not use the App and Website or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.
28.2 To the extent permitted by law:
28.2.1 you are responsible for your access to and use of the App and Website, including for other people’s use of the Service using your User name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
28.2.2 we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the App and Website as long as there has been no willful or grossly negligent behavior from Fainin’s side;
28.2.3 our liability for the use of the website as merely and intermediary is excluded and for any event the limit of liability is EUR 15,000.
- INSURANCES AND LIABILITIES UNDER THESE SERVICES29.1 We provide insurance coverage as part of these Services. To be covered by our insurance coverage policy you must adhere to this insurance coverage procedure and have a domicile or seat within the European Union or European Economic Area. If an Item is damaged, it must be reported to us, as soon as possible. A report provided by Fainin must be filled and returned by the person who damaged the item which is typically the Renter. For more details regarding the insurance coverage, an insurance certificate and fact sheet are provided to you for download in our App and Website.
29.2 If an item is stolen from the Renter, then the Renter must report it to us providing a police report as soon as possible. If an item is not returned by a Renter to a Lender, then the Lender must report it to us providing a police report as soon as possible. We reserve the right to claim under this insurance coverage procedure at our sole discretion. The maximum claim under this insurance coverage procedure is EUR 15,000. The insured is the personal legal liability of the Renter for bodily injury and / or property damage for which the Renter is claimed by the Lender or third party. Also, the insured is the personal legal liability of the Lender for bodily injury and or property damage for which the Lender is claimed by the Renter or third party. Regardless of the claim type, all claims must be made within 48 hours after the rental period finishes. This insurance coverage procedure does not cover claims resulting from theft or the rental of motor vehicles, aircraft, watercraft and firearms.
- COMPLAINTS AND DISPUTESIf you have any concerns or complaints regarding the Services, please report it to firstname.lastname@example.org. We hope that we will be able to resolve any complaints you may have without needing to involve third parties.
- RELEASE AND INDEMNITYIn consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the App you understand our liability is excluded as far as an intermediary and any other liabilities are capped to EUR 15,0000, as long as there has been no willful or grossly negligent behavior from Fainin’s side.
- DISCLAIMER34.1 We will provide the App, Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the App, Website or Services will be provided without fault or disruption.
34.2 To the fullest extent permitted at law, except as expressed to the contrary these Terms and beyond the insurance coverage we provide, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the App, Website or Services including, but not limited to, loss or damage you might suffer as a result of:
34.2.1 Falsche Produktbeschreibungen von anderen Händlern;
34.2.2 Fehler, Irrtümer oder Ungenauigkeiten ins unseren Diensten, der App oder der Website;
34.2.3 Unbefugter Zugriff oder Nutzung unserer sicheren Informationen, die auf der Google Cloud Platform gespeichert sind;
34.2.4 Alle Bugs, Viren oder anderen schädlichen Codes oder Nachrichten, die von Dritten an oder durch unsere App, Website oder Dienste übertragen werden könnten, es sei denn diese wurde durch vorsätzliches oder grob fahrlässiges Handeln seitens Fainin ermöglicht;
34.2.5 Handlungen oder Unterlassungen Ihrerseits auf Grundlage von Informationen aus der App, der Website oder den Diensten (einschl. Verweise) oder verlinkten Apps oder Websites;
34.2.6 Sach- oder Personenschäden jeder Art aus Ihrem Zugriff auf oder Ihre Nutzung der App, Website oder Dienste und alle Käufe über die App oder Website;
34.2.7 any limitations stated in these Fainin terms and conditions;
34.2.8 any interruption or cessation of transmission to or from our Services, App and Website; and/or
34.2.9 failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
34.3 As set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the App, Website or Services or any linked app, website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
34.4 We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. All responsibility is to be considered in line with our insurance coverage policies stated in these Terms as an intermediary website and to a maximum of EUR 15,000. The only authorised access point is fainin.com, fainin.de, fainin.co.uk with no characters before or after and through our official Fainin application found in the Apple app store and Google play.
34.5 It is important that you determine prior to purchase, whether a Service is suitable for you.
- GENERAL35.1 Entire agreement: These Fainin terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the App, Website and Services.
35.2 Applicable law: The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Germany, and we and you each submit to the exclusive jurisdiction of the Court, in which district the User, at the time of filing the lawsuit, has his residence or in case of lacking such, his habitual residence.
35.3 Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.
35.4 Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.
35.5 Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.
35.6 Apple Terms: If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
- SUPPORT AND WHO ARE WE?We are a general trading company located in Germany with the following contact details:Fainin UG
Mühlenkamp 4 – 22303, Hamburg, Germany
Managing Director: Maximilian Lehmann
Commercial Register: HRB 167 347