Terms and Conditions

Terms and Conditions of Ho Ho Hire

Last Updated: 1 November 2024

Welcome to Ho Ho Hire! These Terms and Conditions (“Terms”) govern your access to and use of our peer-to-peer rental marketplace (the “Platform”), which connects individuals who wish to rent items with those who have items available for rent, including all rental transactions between users (referred to as “Renters”) and item owners (referred to as “Owners”). By using our Platform, you agree to comply with these Terms.

1. Acceptance of Terms

By accessing or using Ho Ho Hire, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. We may update these Terms from time to time, and changes will be effective upon posting. Continued use after any updates signifies acceptance of the revised Terms.

2. Eligibility

To use the Ho Ho Hire, you must be at least 18 years old and have the legal authority to enter into a binding agreements under Hong Kong law. By creating an account, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

• To access rental features on the platform, users must register for an account and provide accurate, up-to-date information.
• Users are responsible for maintaining the confidentiality of their account information.
• Users agree to notify Ho Ho Hire of any unauthorized access or security breaches.

4. User Responsibilities

a. Owners’ Responsibilities:

• Owners are responsible for listing accurate and complete information about items available for rent, including the item’s condition, availability, and rental terms.
• Owners must ensure that all listed items are safe, in good condition, and legal to rent under applicable laws.
• Communicate promptly with renters regarding availability and scheduling.

b. Renters’ Responsibilities:

• Renters agree to use rented items as specified in the listing and in accordance with any applicable laws.
• Renters agree to return items in the same condition as received, excluding normal wear and tear.
• Communicate promptly with the owner if there are any issues with the item.
• Accept liability for any damage or loss of the rented item during the rental period.

5. Prohibited Activities

Users agree not to engage in any prohibited activities, including:

• Posting false, misleading, or deceptive content.
• Renting items you do not own or have rights to rent.
• Circumventing our Platform or attempting to conduct transactions outside the Platform.
• Engaging in any illegal activity or violating the rights of others.
• Interfering with or disrupting the Platform’s functionality.

Violation of these rules may result in account suspension or termination, and potential legal action.

6. Rental Transactions

a. Listing Items for Rent: 

• Owners may list items for rent by providing detailed and accurate descriptions, rental rates, availability, and any specific rental terms.
• Owners warrant that they have the right to rent the listed item and that it is safe and fit for its intended purpose.

b. Renting Items: 

• Renters may browse listings and rent items through the Platform.
• Renters agree to use rented items only for their intended purpose and return them in the same condition (normal wear and tear excepted) by the specified return date.

c. Fees and Payment:

• Fees, including rental fees, security deposits, and platform service fees, will be clearly outlined before confirming a rental.
• Payments are processed through our designated payment provider, and we are not responsible for any issues arising from third-party payment processing.

d. Cancellations and Refunds: 

All users must comply with a standardised cancellation policy that Ho Ho Hire will enforce to protect both Renter and Owner alike. Each listing and reservation on our site reminds users of the cancellation policy.

• An Owner can cancel an order at any time prior to shipping without a liability to the Renter. All amounts paid by the Renter to the Owner will be refunded to the Renter minus any service fees owed or paid to Ho Ho Hire.
• A Renter can cancel an order no less than 3 days prior to the rental start date without any liability to the Owner. All amounts paid by the Renter to the Owner will be refunded minus any service fees owed or paid to Ho Ho Hire.
• Refunds, if applicable, will be processed within 30 days and issued to the payment method used.

e. Damage, Loss, or Theft:

• Renters are financially responsible for any damage, loss, or theft of rented items. Security deposits may be held or used to cover repair or replacement costs.
• If items are not returned on time, additional charges may apply.
• Owners may charge for repair or replacement costs if items are not returned in acceptable condition.
• Items not returned within 14 days of the end of the agreed rental period without further contact and explanation from Renters are considered stolen. 
• Ho Ho Hire will pursue recovery from the Renter, including legal action if necessary, to recoup the value of the item. All additional fees and charges incurred in connection with recovery will be borne by the Renter.

7. Dispute Resolution

• Disputes between users should first be attempted to be resolved directly through messaging on the platform.
• If no resolution is reached, users may request Ho Ho Hire’s assistance. Ho Ho Hire reserves the right to mediate or provide resolution but is not liable for final outcomes.
• In the event of a dispute, both parties agree to attempt to resolve it through mediation before taking further legal action.
• Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

8. Platform Fees

• Ho Ho Hire charges a service fee for transactions conducted on the platform. Fees are deducted from the transaction amount or billed as specified at the time of booking.
• Fees are non-refundable, except in cases where Ho Ho Hire deems appropriate.

9. Content and Intellectual Property

• By submitting content (e.g., item listings, reviews) to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content. All other Platform content, trademarks, and intellectual property belong to Ho Ho Hire or are used with permission and may not be reproduced without authorization.

10. Limitation of Liability

To the maximum extent permitted by Hong Kong law, Ho Ho Hire and its affiliates, officers, employees, and agents will not be liable for:

• Indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or goodwill.
• Damage, loss, or theft of rented items unless directly caused by our gross negligence.
• Any disputes or issues arising from interactions or transactions between users.

Our total liability for any claim related to the Platform is limited to the amount you paid (if any) to use the Platform in the three months preceding the claim.

11. Indemnification

• By using the platform, users agree to release, defend, indemnify, and hold Ho Ho Hire and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) rental of an Item, or (iii) creation of a Listing; (d) the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, rental or use of an Item.

12. Privacy and Data Use

• By using the platform, users consent to Ho Ho Hire’s collection, use, and storage of personal data as described in our Privacy Policy.
• Ho Ho Hire will not sell or share user information without consent, except as required by law.

13. Termination

• Ho Ho Hire reserves the right to suspend or terminate accounts at our sole discretion, without notice, if that violate these Terms or engage in prohibited activities. Termination does not relieve you of any obligations incurred prior to termination.
• Users may delete their accounts at any time. However, Ho Ho Hire may retain transaction records to comply with legal and regulatory requirements.

14. Modifications to the Platform

• Ho Ho Hire may modify, update, or discontinue the Platform or any part of it at any time without liability. Ho Ho Hire is not liable for any disruptions or unavailability of the Platform due to maintenance, upgrades, or unforeseen circumstances.

15. Amendments to Terms

• Ho Ho Hire reserves the right to modify these terms at any time at our discretion. The “Last Updated” date at the top of this document indicates when changes were made. Continued use of the Platform after changes signifies your acceptance of the revised Terms.

16. Governing Law

• These Terms are governed by the laws of Hong Kong SAR, without regard to conflict of law principles.

17. Contact Information

For any questions regarding these Terms and Conditions, please contact us at help@hohohire.com.