Thank you for being a valued Troav member! In order to make our services possible, it is important that we define some ground rules and expectations that ensure a quality experience for all of our users and partners.
Please read these Terms and Conditions carefully: By using our services, including but not limited to our software applications, delivery, inventory access, and item loans, you agree to enter a legally-binding contract between Troav Inc. and yourself that is set forth by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately cease using our services.
The following definitions apply throughout these Terms and Conditions:
- We are Troav Inc. (“TROAV”), a corporation registered in the State of Delaware.
- You (the “USER”) are a customer subscribed to the services provided by TROAV.
- Our supply partners (“TROAV SUPPLY PARTNERS”) are entities which have provided TROAV with physical goods that are made available to you, the USER, as part of our services.
- The “TROAV APP” is the software application provided by TROAV for use on your mobile device through which you access a subset of the services offered by TROAV.
- When you “check out” an item from TROAV (that is, receive an item for limited-duration use under these Terms and Conditions), you are said to be “renting” the item; the relevant item is henceforth referred to as the “RENTED EQUIPMENT.”
- Equipment Use: The USER shall keep and maintain the RENTED EQUIPMENT during the term of rental at the USER’s own cost and expense. The USER shall keep the equipment in a good state of repair, cleanliness, and sanitary condition, normal wear and tear excepted. The USER shall not pledge or encumber the rented equipment in any way.
- Fees for Replacement and Repair: The USER shall pay TROAV full compensation for replacement and/or repair of any RENTED EQUIPMENT which is not returned because it is lost or stolen, or any RENTED EQUIPMENT which is damaged and in need of repair to be put into the same condition it was in at the time of rental, normal wear and tear excepted. The invoice incurred by TROAV for replacement or repair is conclusive as to the amount the USER shall pay under this paragraph for repair or replacement. The USER agrees to allow TROAV to bill this payment automatically as fees to the payment method provided to TROAV without additional consent.
- Waiver of Warranty: TROAV and its TROAV SUPPLY PARTNERS make no warranty of any kind regarding the RENTED EQUIPMENT. The USER agrees to accept RENTED EQUIPMENT as-is, without any expectation of replacement, replenishment, service, repair, and/or refund compensation.
- Indemnification: The USER indemnifies and holds TROAV and its TROAV SUPPLY PARTNERS harmless for all injuries or damages of any kind resulting from the use of the RENTED EQUIPMENT, repossession, and/or for all consequential and special damages for any claimed breach of warranty.
- Equipment Location: The USER shall not remove the RENTED EQUIPMENT from the address of the USER as registered within the TROAV APP without the prior written approval of TROAV. The USER shall inform TROAV upon demand of the exact location of the equipment while it is in the USER’s possession.
- Equipment Delivery and Return: The RENTED EQUIPMENT shall be delivered to the USER and returned to TROAV at the USER’s risk, cost and expense. If a periodic rental rate is charged by TROAV, rental charges are billed to the USER for each period or portions of the period from the time the equipment is delivered to USER until its return. If a term rental rate is charged by TROAV, rental charges are billed to the USER for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned. TROAV may issue additional fines to the USER of reasonable magnitude relative to the value of the RENTED EQUIPMENT for failure to return the equipment on time.
- Unused Equipment: No allowance will be made for any RENTED EQUIPMENT or portion thereof which is claimed not to have been used.
- Equipment Reclamation: The USER shall allow TROAV, and its agents, to enter USER’s premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the USER is in default of any of the terms and conditions of this agreement, TROAV, and its agents, at the USER’s risk, cost and expense may at any time enter the USER’s premises where the rented equipment is stored or used and recover the rented equipment.
- Legal Fees: The USER shall pay all reasonable attorney and other fees, the expenses and costs incurred by TROAV in protection its rights under this rental agreement and for any action taken TROAV to collect any amounts due TROAV under this rental agreement.
- Jurisdiction: This Agreement shall be executed under the jurisdiction of the State of Delaware, in which Troav Inc. is incorporated.
- Coverage: TROAV reserves the right to terminate this agreement immediately at any time for any reason. TROAV may terminate this agreement immediately upon the failure of USER to make membership payments when due, or upon USER’s filling for protection from creditors in any court of competent jurisdiction. Acceptance of returned RENTED EQUIPMENT by TROAV does not constitute a waiver of any of the rights TROAV has under the rental agreement.
- Activation: These terms and conditions are accepted by the USER upon delivery of the terms condition to the USER or the agent or other representative of the USER. If the USER does not agree to these terms and conditions, the USER must immediately cease using all services provided by TROAV.
- Contact: Legal mail, notices, and other official documents may be mailed to the Troav Inc. corporate address: Troav Inc., Harvard Innovation Labs, 125 Western Ave, Allston, MA 02163. Email messages, including questions about these Terms and Conditions, may be delivered to [email protected].