Miimit Terms of Service

1. INTRODUCTION

Thank you for using Miimit

1.1. Miimit.com is an Egyptian Limited Liability Company, incorporated under the Egyptian investment law no.72 for the year 2017, and registered at the Cairo investment commercial registration office under no. 211777. (hereinafter by “Miimit”, “Us,” “Our,” “We”)

1.2. Where Miimit owns and controls a peer-to-peer E-marketing platform (https://miimit.com/)(hereinafter by the “Platform”), the Platform is an online Platform that allows registered users to list items (as defined below) available for rent (“Owners”) to other registered Users (“Lessee”) (and collectively referred to hereafter as “User (s)”).

1.3. We refer to Users and/or visitors to the Platform by second person pronouns (i.e., you, your, yours) and shall apply to the Platform Users and/or visitors as applicable.

1.4. Please review the following Terms and Conditions (referred to hereinafter by “Terms of Service”, or “Terms”) concerning your use of and access to the Platform. These Terms of Service outlines your legal rights and obligations, which by using the Platform, whether as visitor or User, you agree to comply and be bound by these Terms of Service.

1.5. This Terms of Service along-with the Privacy Policy constitute a legally binding agreement between the Users and Miimit. You hereby, agree to, accept, acknowledge, and comprehend, all the terms stated hereinunder, in this Terms of Service, and shall be held accountable in any case of your non-compliance with these Terms, or any misuse to the services associated with the Platform.

1.6. When you list an item for rent as an Owner please refer to the Owners Obligations (below mentioned in section no.9), and when you rent an item as “Lessee” please refer to “Lessee Obligations” (below mentioned in section no.10), we advise you to read these Terms carefully, and in case you do not agree with the Terms, you shall cease to use the Platform.

1.7. Upon your acceptance of these Terms of Service, an agreement is established between you and Miimit. The term of this agreement commences upon your account registration and continues for the duration of your active Miimit account, unless terminated by either party in accordance with these Terms.

2. SERVICES

2.1. The Platform is only an intermediary of any transaction between Owners and Lessee for the rental of items listed on the Platform. When an Owner list an item for rent, and as soon as the Lessee offers to rent the Owner’s listed product and upon the Owner’s acceptance, the aforementioned parties are entering into an explicit lease agreement directly with each other, such relationship shall constitute a legally binding agreement between Owner and Lessee .

2.2. If the Owner or the Lessee does not comply with the Terms of Service, Miimit has the right to remove the listed item and/or terminate any ongoing transactions.

3. REGISTRATION

3.1. To access Miimit Platform:

3.1.1. FIRST, when signing up on the Platform you are required to provide us with a photocopy of your valid national ID, and as a protection for our Users we have collaborated with Egyptian civil registration authority to double check the validity of your ID. Thereafter you are required to provide us with your email address, and you will need to create a password for your account at the Platform. For your protection we encourage you to use strong passwords (i.e., passwords that use a combination of upper- and lower-case letters, numbers, and symbols) (hereinafter by “Account”).

3.1.2. AS we respect your privacy we hide your username from the public, to maintain your security at our Platform.

3.1.3. Please note that you cannot create more than one (1) Account with the same national ID.

3.2. If you are under 18 years old, you shall not use the Platform and you are not able to enter into legally binding contracts to access and use the Miimit Platform or register an Account.

3.3. You agree to keep your Account details secure and use a strong unique password. Miimit shall not be held liable for any losses suffered by you as a result of your Account being used by someone else.

3.4. You must provide accurate, current, and complete information during the registration process and keep your account at the Platform and public profile page information up to date at all times.

3.5. Your privacy is important to us. You herby agree to the terms prescribed in our Privacy Policy to understand how we collect, use, and share your personal information.

4. IP

4.1 All materials provided on the Platform, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Miimit or by respective third party authors, developers or vendors (“Third Party Providers”) and are the intellectual property of Miimit and/or the Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Miimit and/or a Third-Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without Miimit’s prior express written permission.

4.2 You acknowledge that your use of Miimit grants you a revocable, non-exclusive, non-transferable license to use Miimit and grants you no rights on any of the intellectual property rights owned by Miimit other than the right to use Miimit in accordance with the Terms of Service.

4.3 Your right to use Miimit platform is personal to you, and you are not allowed to assign this right to any other person. Your right to use Miimit platform does not stop us from giving other people the right to use Miimit platform

4.4 You agree not to modify, copy, or distribute content or rights from Miimit Platform copyrights and trademarks.

4.5 In case you have breached any of the above obligations, mentioned on this section (4), we shall be entitled to receive damages, and we shall have the right to further file any claim or lawsuit against you for any consequential damages, which have been held due to your non-compliance with these Terms.

5. DEACTIVATION

5.1. You can choose to stop using Miimit platform anytime. To deactivate your account please go to email support.

5.2. It should be noted that you cannot Deactivate your Miimit Account if there are any pending transactions, which you are a party thereto.

6. AMENDMENTS TO THE TERMS

Miimit reserves the right to alter these Terms of Service at any time. If we change these Terms, we will notify you via the Platform and post the amended Terms on the Miimit Platform. If you do not agree to the updated Terms, you can end your use of the Platform by the way mentioned in section 5 (Deactivation) above at any time. The continue of use of the Platform after the new Terms become effective shall be considered as an explicit form of consent to the Terms as amended and that you agree to comply and be bound by the Terms as amended.

7. THE LISTING OF ITEMS

7.1 You agree to be responsible for anything you list on the Platform. You agree to only list items that you have the full ownership to, and you hereby guarantee that the items listed on the Platform is not the ownership of any other third-party.

7.2 User cannot add or list any item on the Platform unless we approve of listing, and cannot edit any listing unless, we approve of that edit.

7.3 When listing an item on the Platform, you shall add a detailed description of the item, and you hereby, guarantee that the item is meeting the description, and that the description is not misleading or misguiding in any direct or indirect language or any other way as applicable.

8. SANCTIONS ON YOUR ACCOUNT

8.1 If you have committed any of the following actions:

8.1.1 Engaged in improper or fraudulent activity, which may cause financial loss or legal liability to Miimit or its Users.

8.1.2 Any action that is incongruent on the Platform (including, but not limited to, harassment of Users and/or Miimit employees, and circumventing suspensions)

8.2 Miimit reserves the right to:

8.2.1. Immediately remove content from Platform.

8.2.2. Temporarily or indefinitely prevent you from adding further content to Miimit.

8.2.3. Cancel a Booking Request (defined in clause No. 10.8.1.)

8.2.4. Prohibit you from accessing Platform.

9. OWNER OBLIGATIONS

9.1 Before listing an item on the Platform please read these Obligations (“Owner Obligations”). By using the Platform, you agree to the Owner Obligations in addition to the Terms of Service. Miimit is a Platform connecting Lessees, who are looking for an item to rent, to Owners who are willing to offer these items. Miimit will only act as an intermediary for the transaction of a Lessee renting an item from an Owner. You acknowledge that you are offering your items for rent to other Users and not to Miimit and you hereby acknowledge that we are not responsible for any illegal acts or omissions of either the Owner or the Lessee in relation to the transaction. While we strive to provide a secure transaction and experience, we do not guarantee or endorse any Lessee or other Users to any Owner.

9.2 You are granting the Lessee a limited duration right to use your item(s) agreed upon by you and the Lessee. This extends through the duration of the agreed Rental Period, (referred to hereinafter as “Rental Period”)

9.3 You cannot promote or list any items, other than the items, you as an Owner made available for rent through the Platform.

9.4 You shall not be able to remove any listed items during the 48 hours before the start of the Rental Period as defined herein, and in case you would like to remove such Item, you will be entitled to pay a cancellation fee amounted to a 30% of the total Rental Fee as defined herein.

9.5 By engaging in this transaction, you confirm that you have all necessary licenses and rights of ownership which enables you to lease your items.

9.6 You hereby, shall be held liable, without any liability on Miimit, in case you listed any defected good, which may result in the physical damage of the Lessee, or any other type of damage.

9.7 We advise our Users to require a Security Deposit (“Security Deposit”) before approving on the rent of your item. We have prepared a guide available here to guide you through the process of calculating the suitable security deposit for your item, however, we does not guarantee that this guide is free from errors or mistakes and shall not be relied upon while requesting a security deposit and in all cases Miimit shall not be held accountable or liable to any damages resulting from using its advice regarding the calculation aforementioned or any other incident regarding the your lease transaction.

9.8 You acknowledge that there are risks associated with renting your items to others. While Miimit does its best to ensure a seamless and safe process, the transaction being entered into is between the Owner and the Lessee (“Rental Agreement”). You recognize that Miimit is not a party in this transaction, and you hereby release Miimit from all and any liability, claims, or damages that may result from such interactions.

9.9 As an owner you agree to not list any of the prohibited items available on (this list).

9.10 We reserve the right to remove items from the Platform at any time without justification, whether or not they are included in the list of prohibited items.

9.11 We provide storage for facilitating the renting of the items and for its accessibility at third party warehouses, and in case you wish to store your items in the aforementioned warehouse, then you shall be entitled to pay an additional storage fee.

9.12 Before the acceptance by the Owner, we have to confirm the Request. Then you shall have a limited duration of (3) hours to accept the Request, which by the expiration of the said period will be considered as implicit rejection of the Request.

10. LESSEE OBLIGATIONS

10.1 Before renting an item from other Users/ Owner on our Platform please read these Obligations (“Lessee Obligations”) before using the Platform. By using the Platform, you agree to the Lessee Obligations in addition to the Terms of Service. Miimit is a Platform to connect Lessee, who are looking for an item to rent, to Owners who are willing to offer these items. Miimit is an intermediary for the transaction of a Lessee renting an item from an Owner. You acknowledge that you are not renting from Miimit, and we are not responsible for the acts or omissions of either the Owner or the Lessee in relation to the transaction.

10.2 Lessee is granted a limited right to use the item agreed upon by you (Lessee) and the Owner. This extends through Rental Period.

10.3 You agree to use the item for its intended purpose only. If necessary, educate yourself on proper care and handling of said item.

10.4 Lessee assumes full responsibility of the item during the Rental Period and release Miimit from any claims, liability, or damages arising from their rental experience.

10.5 The Lessee prior to receiving the item, shall pay a Security Deposit (defined in section no.9.4)

10.6 The Lessee is obligated to return the item in the state that he received in before the expiration of the Rental Period.

10.7 For the Users protection, the Lessee will sign an acknowledgment of receipt of the item from the Owner/Courier as a guarantee for the Owner.

10.8 Renting an item: Lessee may submit an offer to rent an item through the Platform (The “Request”), by determining the Rental Period and agreeing upon the Rental fees (as defined below).

11. GENERAL LIABILITY

11.1 As the Lessee, when you request an item for rent you agree to have sufficient funds available to you to replace the product if you damage or lose the product.

11.2 As the Owner, you assume all personal liability of the rental. We recommend that you ensure the item is in proper working condition. The Lessee, after use of the item, shall return the item, in its original form.

11.3 We do not guarantee any of the Owner’s rights, especially, in case of any illegal or criminal act committed by the Lessee, and we shall not be entitled to pay any damages due for the Owner, and we shall not be liable to take any necessary procedure against the Lessee, and we can only provide you the Lessee’s information, upon which you can pursue any legal claims or actions against the Lessee, without any lability on Miimit or the Platform.

11.4 Your breach of these Terms may cause irreparable harm to us and our team. Hence, we reserve the right to seek injunctive relief or other equitable remedies in the event of your violation of these Terms.

11.5 As a condition of using Miimit Platform you shall not breach the Owners Obligations when acting as an Owner nor breach any of the Terms of Service

11.6 As a condition of using the Miimit Platform you will not breach the Lessee Obligations when acting as a Lessee nor breach any of the Terms of Service.

11.7 You agree not to post anything that is obscene, inappropriate, or indecent

11.8 You agree not to post anything abusive, threatening, or defamatory.

11.9 You agree not to post any misleading or false material or use Miimit to intentionally deceive others

11.10 You agree not to distribute spam, third-party promotions, or chain letters

11.11 You agree not to infringe on the rights of any third party.

11.12 You agree not to distribute any technologies, like viruses, that may harm Miimit or the interests of Miimit Users.

11.13 You agree not to list any counterfeit items that could otherwise violate copyright, trademark, or other third-party rights

12. Cancellation

12.1 As the Lessee, you can cancel a Request for an item without any charge or penalty as long as the Request has not been confirmed by the Owner, or to accepted Requests up to twenty-four (24) hours before the commencement of the Rental Period (i.e., before the receipt of the rental item)

12.2 If the Lessee Cancels within twenty-four (24) hours from the start of the Rental Period, in this case you will only be entitled to a partial refund of the Rental Fees.

12.3 After the (24) hours period stated in section 12.2, you shall not have the right to terminate the rent, hence you shall not be entitled to any refund of any kind for the Rental Fees.

12.4 As the Owner, you can Decline a Request for an item without any charge or penalty.

12.5 Notwithstanding sections 12.4. above if, as the Owner, you did not provide the item regarding a confirmed Request within 24 hours of the start of the Rental Period, the transaction will be deemed terminated and you shall be liable to pay a Cancellation Fee of 10% of the Rental Fees as a form of compensation payable to Miimit.

13. FEES

13.1 When you proceed with your transaction, on the payment panel, you will need to provide our third-party payment gateway with valid, up-to-date, and complete Bank Card details, you, hereby authorize the third-party payment gateway to charge such card for the total Renting Fees. You hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.

13.2 Payments are not made through Miimit, however, processed via our payment provider gateway (paymob), and we do not save or collect any data related to the payment, check our payment plans and options (Link)

13.3 Under no circumstances are you entitled to a refund or credit from Miimit.

13.4 For the Lessee, when your request to rent an item approved by the Miimit, you will be charged the Rental Fees (the “Rental Fees”) (i.e., rental fee is the daily rent fee you have agreed to pay to rent the item multiplied by the number of days you have rented the item).

13.5 As an Owner, on each booking you agree to pay Miimit a 10% commission on the Rental Fees (“Miimit Commission”).

13.6 A Security Deposit will be paid by the Lessee in each rent made.

13.7 The Security Deposit paid by the Lessee will be held till the end of the Rental Period, once the Rental Period has ended and the Lessee release the item then the Security Deposit will be paid back in full to the Lessee if the item is in a condition same as received by the Owner within 10 days.

13.8 In case the Lessee have not returned the rented item on the agreed upon date, the Lessee shall be liable to pay as compensation an amount equals to double the Rental fee for each day of late delivery.

13.9 In case the rented item suffered any damage by the negligence or misuse of the item by the Lessee, then the Security deposit shall be paid to the Owner to the extent of the damage done, and, in case the Security deposit is not sufficient to repair the damage done, the Lessee shall pay the difference.

13.10 For the Owner, you will receive the Owner Fee (the “Owner Fee” means the rental fee subtracting from it the Miimit Commission) within 14 days started from the renting day picked by the Lessee.

13.11 You acknowledge that you are solely responsible for payment of all applicable taxes (if any) owed to any tax Authority by you pursuant to your use of the Platform.

13.12 If the item has destroyed or lost, then the Lessee shall be liable to pay the Owner the full market price of the item, without any obligation on Miimit.

13.13 It should be noted that the Shipping fees (Defined in clause No.14.2.2.) are separate of the Rental Fees.

14. COURIER

14.1 As a way of facilitating the rental process on both the Owner and Lessee, we provide courier services for our Users whereby the items are shipped and handled via third party (“Courier”).

14.2 Methods of Shipping

14.2.1 The regular route is that the Lessee may go collect the item from the Owner directly and in that case, there will be no Shipping Fees.

14.2.2 If the Lessee chooses Shipping by Courier, then a separate fee will be paid and disclosed in the invoice. (“Shipping fees”)

15. Limitation of liability

15.1 You understand and agree that, to the maximum extent permitted by the applicable law, your access and use of the Platform are at your own risk. Our service is provided to you on an “as is” and “as available” basis, and without any warranty, and Miimit shall not be responsible for the accuracy, compliance, or legality of any service provided

15.2 Miimit makes no warranty or representation and disclaim all and any responsibility and liability for (I) the completeness, accuracy, availability, timeliness, security or reliability of the services; (II) any harm to your computer systems, loss of data, or other harm that results from the access or the use of the Platform; (III) the deletion of, or any failure to store your data; (IV) viruses or other harmful components distributed by the Platform; and (V) whether the Platform will meet requirements or be available on an uninterrupted, secure, or error-free basis

15.3 As an Owner you acknowledge that the Lessee is not representing, controlled, or granted by Miimit. You agree that Miimit is not responsible for any liability or loss suffered in relation to any act or omission by the Lessee.

15.4 As an Owner, you agree to comply with the Owners ‘Obligations. You are fully liable for any non-compliance with the Owners’ Obligations and will be responsible for any compensation for the Lessee in respect to any non-compliance. This is including, but not limited to making sure the item listed for rent matches the description on the Platform. You acknowledge that Miimit is not responsible for (i) your compliance with the Owners’ Obligations; (ii) any compensation to the Lessee for a breach of your Rental Agreement in any way; or (iii) any obligation to underwrite your liability you may have for non-compliance.

15.5 You as a Lessee agree that when you rent an item from an Owner on Miimit, you agree to comply to the Lessee’ Obligations and Terms of Service, and you acknowledge that you are entering into a direct agreement with the Owner and not an agreement with Miimit.

15.6 As a Lessee, you acknowledge that the Owner is not represented or controlled by Miimit. You agree that Miimit is not responsible for any liability or loss suffered in relation to any act or omission by the Owner

15.7 As a Lessee, you agree to comply with the Lessee’ Obligations. You are fully liable for any non-compliance with Lessee’ Obligations and will be responsible for any compensation to the Owner in respect to any non-compliance. This includes the loss or damage of the product you have rented. You acknowledge that Miimit is not responsible for (i) your compliance with the Lessee’ Obligations.; (ii) any compensation to the Owner for a breach of your Rental Agreement in any way; or (iii) any obligation to underwrite your liability you may have for non-compliance.

15.8 We and our team bear no responsibility for the actions of third parties, agencies, linked websites, including third-party applications, products, or services used in connection with our service. Your use of any Third-Party Integration and related rights are strictly between you and the relevant third party. We disclaim any warranties and assume no liability for your use of any Third-Party Integration, including privacy, security, or integrity concerns.

16. MISCELLANEOUS

16.1 The delay by Miimit to take any actions or raise claims, lawsuits against you does not constitute a waiver of our rights to raise such claims or lawsuits and does not constitute an implied acceptance of the defaulting situation, even if Miimit have had knowledge or have been notified of the defaulting situation.

16.2 You may not assign any rights under this Agreement to others. We, however, reserve the right to assign the Agreement and our rights and obligations herein to any individual or entity at our discretion.

16.3 No joint venture, partnership, employment, or agency relationship exists between you and Miimit as a result of these Terms or your use of the Miimit Platform.

16.4 If any provision of these Terms is held to be invalid, illegal, or unenforceable in any way, the validity, legality, and enforceability of the remaining provisions of these Terms shall not be affected or impaired

16.5 If any provision of these Terms is found to be unenforceable, such provision will be modified to the minimum extent necessary, and the remaining provisions of these Terms shall remain valid and enforceable.

17. DISPUTES

17.1 Any disputes or claims arising out of the use of the platform, shall be resolved first via amicable settlement. Please contact us at dispute@miimit.com and attempt to resolve the dispute with us amicably.

17.2 If no amicable resolution has been agreed upon the dispute shall be settled through the competent courts of Cairo .

17.3 Any notice to you will be deemed effective upon being sent to the last email or physical address provided by you or when posted on our Miimit site. For notification purposes, we may use any contact information associated with your account.

18. APPLICABLE LAW

Miimit Terms of Service shall be governed, construed, interpreted in accordance with the laws of the Arab Republic of Egypt.

19. CONTACT US

Should you have any questions regarding Miimit Terms of Service , or if you are displeased by the use of the Platform and/or the Services, or if you want to stop using the Platform and/or the Services, please communicate with our team directly via cancel@miimit.com