Terms of Service

 

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Borrow Platform, you agree to comply with and be bound by these Terms of Service.

 

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Borrow and Panta Members. If you reside in the United States, this provision applies to all disputes with Panta Group. If you reside outside of the United States, this provision applies to any action you bring against Panta Group in the United States. It affects how disputes with Panta Group are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

 

 

Thank you for using Borrow!

 

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Panta Group (as defined below) governing your access to and use of the Borrow website, including any subdomains thereof, and any other websites through which Panta Group makes it's Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Panta Services"). The Site, Application and Panta Services together are hereinafter collectively referred to as the “Panta Platform”. Our Host Guarantee TermsGuest Refund PolicyNondiscrimination Policy and other Policies applicable to your use of the Panta Platform are incorporated by reference into this Agreement.

 

When these Terms mention “Borrow,” “we,” “us,” or “our,” "Panta," it refers to the Panta Group company you are contracting with.

  • If you reside in or outside the United States, you are contracting with Panta Group Pty Ltd, 1/23 Henson Street, Merrylands, NSW 2160, Australia.

 

Any and all payment processing services through or in connection with your use of the Panta Platform ("Payment Services") are provided to you by one or more Panta Payments entities (individually and collectively, as appropriate, "Panta Payments") as set out in the Payments Terms of Service ("Payments Terms").

 

Members alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some cities may require a license to guide tours or to sail. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Borrow, you should always seek legal guidance.

 

1. Scope of Borrow Service

 

1.1 The Panta Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer items and/or services (Members and third parties who offer items and/or services are “Hosts”, the services they offer are “Host Services” and the items they offer are "Host Items") to publish such Host Services or Host Items on the Panta Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services or Host Items (Members using Host Services or Host Items are “Borrowers”). Host Services may include the offering of trades and/or skills for use ("Services"), single or multi-day activities in various categories including but not limited to the access of unique events and locations (“Experiences”), and a variety of other travel and non-travel related services. Host Items may include the offering of tangible and physical products for the use of borrowing ("Items"). The Panta Platform also enables Members to accept or decline delivery tasks for Items being borrowed or purchased through the Panta Platform. Members who enable and accept delivery tasks are "Deliverers", the delivery tasks on offer and the process of delivery by deliverers to Borrowers are "Delivery Services". 

 

1.2 As the provider of the Panta Platform, Panta Group does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, Host Services, Host Items, Delivery Services. Members alone are responsible for their Listings, Host Services Host Items, Delivery Services. When Members make, borrow, hire, book or accept Host Services, Host Items, Delivery Services, they are entering into a contract directly with each other. Panta Group is not and does not become a party to or other participant in any contractual relationship between Members, nor is Panta Group a broker of any kind or insurer. Panta Group is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

 

1.3 While we may help facilitate the resolution of disputes, Panta Group has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, Host Services, Host Items, or Delivery service, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Panta group does not endorse any Member, Listing, Host Services, Host items, Delivery Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Panta Group about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to transact with another member, participate in an Experience or Event or use other Host Services, Host Items, Delivery Services, accept a request from a Borrower, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Panta Group of any Host or Listing.

 

1.4 If you choose to use the Panta Platform as a Host or Co-Host (as defined below), your relationship with Panta Group is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Panta Group for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Panta Group.

 

1.5 To promote the Panta Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Panta Group cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Panta Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

 

1.6 The Panta Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Panta Group is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Panta Group of such Third-Party Services.

 

1.7 Due to the nature of the Internet, Panta Group cannot guarantee the continuous and uninterrupted availability and accessibility of the Panta Platform. Panta Group may restrict the availability of the Panta Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Panta Platform. Panta Group may improve, enhance and modify the Panta Platform and introduce new Panta Services from time to time.

 

 

2. Eligibility, Using the Panta Platform, Member Verification

 

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Panta Platform or register a Panta Account. By accessing or using the Panta Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are below the age of 18 years old you must receive explicit permission from your parent or legal guardian in order to register a Panta Account and access the Panta Platform. By accessing or using the Panta Platform and registering a Panta Account as a person aged below 18 years old you represent and warrant that you have received explicit permission from your parent or guardian which has all legal capacities, authorities and responsibilities to enter into any contract passed on to them until you become at least 18 years old and able to enter into legally binding contracts.

 

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s), Host Item(s), Delivery Service are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

2.3 Panta Group may make the access to and use of the Panta Platform, or certain areas or features of the Panta Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

 

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

 

2.5 The access to or use of certain areas and features of the Airbnb Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Panta Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

 

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Panta Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

2.7 If you register a Panta Account and access the Panta Platform as a person below the age of 18 years old we may restrict access to certain areas or features of the Panta Platform until you are 18 years old and have the legal capacity and authority to enter into a contract.

 

3. Modification of these Terms

 

Panta Group reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Panta Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Panta Platform will constitute acceptance of the revised Terms.

 

4. Account Registration

 

4.1 You must register an account ("Panta Account") to access and use certain features of the Panta Platform, such as publishing or booking a Listing. If you are registering a Panta Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

4.2 You can register a Panta Account using an email address, mobile number and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account") if available. You have the ability to disable the connection between your Panta Account and your SNS Account at any time, by accessing the "Settings" section of the Panta Platform.

 

4.3 You must provide accurate, current and complete information during the registration process and keep your Panta Account and public Panta Account profile page information up-to-date at all times.

 

4.4 You may not register more than one (1) Panta Account unless Panta Group authorizes you to do so. You may not assign or otherwise transfer your Panta Account to another party.

 

4.5 You are responsible for maintaining the confidentiality and security of your Panta Account credentials and may not disclose your credentials to any third party. You must immediately notify Panta Group if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Panta Account. You are liable for any and all activities conducted through your Panta Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

 

4.6 Panta Group may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Panta Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Panta Group to ask for your credentials, and you shall not request the credentials of another Member.

 

5. Content

 

5.1 Panta Group may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Panta Platform ("Member Content"); and (ii) access and view Member Content and any content that Panta Group itself makes available on or through the Panta Platform, including proprietary Panta Group content and any content licensed or authorized for use by or through Panta Group from a third party ("Panta Content" and together with Member Content, "Collective Content").

 

5.2 The Panta Platform, Panta Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Panta Platform and Panta Content, including all associated intellectual property rights, are the exclusive property of Panta Group and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Panta Platform, Panta Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Panta Group used on or in connection with the Panta Platform and Panta Content are trademarks or registered trademarks of Panta Group in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Panta Platform, Panta Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

 

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Panta Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Panta Group or its licensors, except for the licenses and rights expressly granted in these Terms.

 

5.4 Subject to your compliance with these Terms, Panta Group grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Panta Platform and accessible to you, solely for your personal and non-commercial use.

 

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Panta Platform, you grant to Panta Group a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Panta Platform, in any media or platform. Unless you provide specific consent, Panta Group does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

 

5.6 Panta Group may offer Hosts the option of having professional photographers take photographs of their Host Services, Host Items, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "Panta Group Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Services, Host Items are accurately represented in the Verified Images and you will stop using the Verified Images on or through the Panta Platform if they no longer accurately represent your Listing, if you stop hosting the Host Services and Host Items featured, or if your Panta Account is terminated or suspended for any reason. You acknowledge and agree that Panta Group shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Panta Group is not the exclusive owner of Verified Images, by using such Verified Images on or through the Panta Platform, you grant to Panta Group an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Panta Group in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Panta Platform solely for your personal and non-commercial use.

 

5.7 You are solely responsible for all Member Content that you make available on or through the Panta Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Panta Platform or you have all rights, licenses, consents and releases that are necessary to grant to Panta Group the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Panta Group's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Panta Group's Content Policy or any other Panta Group policy. Panta Group may, without prior notice, remove or disable access to any Member Content that we find to be in violation of these Terms or Panta Group's then-current Policies or Standards, or otherwise may be harmful or objectionable to Panta Group, its Members, third parties, or property.

 

5.9 Panta Group respects copyright law and expects its Members to do the same. If you believe that any content on the Panta Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.


6. Service Fees

 

6.1 Panta Group may charge fees to Hosts ("Host Fees") and/or Borrowers ("Borrower Fees") (collectively, "Service Fees") in consideration for the use of the Panta Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

 

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Borrower prior to publishing or booking a Listing. Panta Group reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

 

6.3 You are responsible for paying any Service Fees that you owe to Panta Group. The applicable Service Fees are due and payable and collected by Panta Payments pursuant to the Payments Terms. Except as otherwise provided on the Panta Platform, Service Fees are non-refundable.


7. Terms specific for Hosts


7.1 Terms applicable to all Listings

 

7.1.1 When creating a Listing through the Panta Platform you must (i) provide complete and accurate information about your Host Service and Host Item (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Panta Group. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

 

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Borrower requests to use your Listing, you may not request that the Borrower pays a higher price than in the booking request.

 

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

 

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services and Host Items. Panta Group reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

 

7.1.5 The placement and ranking of Listings in search results on the Panta Platform may vary and depend on a variety of factors, such as Borrower search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, type of Host Item and/or ease of booking.

 

7.1.6 When you accept or have pre-approved a booking request by a Borrower, you are entering into a legally binding agreement with the Borrower and are required to provide your Host Service(s) and Host Item(s) to the Borrower as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

 

7.1.7 Panta Group recommends that Hosts obtain appropriate insurance for their Host Services and Host Items. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Borrowers (and the individuals the Borrower has booked for, if applicable) while staying at your Accommodation, handling your item or participating in your Experience, Event or other Host Service and Host Item.

 

7.2 Listing Host Items


7.2.1 You may only list one item per Listing. If you have more than one of the same item (e.g. more than one (1) Space Grey iPhone 7 Plus) you may include them in the same listing during the Listing Process as long as the item is 100% identical in its specifications. 

 

7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Panta Platform. Panta Group will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Panta Group is not responsible for administering or accepting any claims by Hosts related to Security Deposits.

 

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Borrowers stay at, an Accommodation, or use of an item will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who use your Host Item or reside at or are otherwise present during the borrowed period at your request or invitation, excluding the Borrower (and the individuals the Borrower invites to the Accommodation or to use your item, if applicable).


7.3 Listing Experiences, Events and other Host Services

 

7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Panta Group through the Panta Platform. Panta Group reserves the right to decide, in its sole discretion, to remove a submitted Experience, Event or other Host Service after it has been published on the Panta Platform. Panta Group may remove the Experience, Event or Host Service if it does not meet the quality standards for Experiences and meet Borrower demand.

 

7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Borrowers about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to ensure the safety of borrowers in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).

 

7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Panta Group and Panta Group is not a professional fundraiser or commercial participator. Nonprofits, and not Panta Group, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.

 

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.

 

7.3.5 You must provide an Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by Panta Group or the third party is an employee or subcontractor hired by you to perform the Experience, Event or other Host Service.