Terms of Use

Updated March 12, 2023

Elephant Please’s Terms of Use set forth below ("terms") govern you while on this platform and are legally binding on you. If you do not agree with any of the listed terms, do not access or otherwise use this website or any information contained on this platform. Your use of the website shall be deemed to be your agreement to each of the terms set forth below. It is important that you read and understand these Terms of Use before using the platform.

By registering this website or submitting any information through this website, you represent and warrant that you have the capacity to understand, agree to and comply with these Terms of Use. You shall provide true, accurate and complete information. All information submitted to or received through this website will equally be treated in accordance with these Terms of Use.

Please take special note that Elephant Please Limited is the platform provider. The sole purpose and role of Elephant Please is to act as a link between the lessor and lessee. Elephant Please Limited under no circumstance has the obligation to undertake inspections and checks of any aspects of any items listed on the platform, Elephant Please.

Please take a moment to familiarise yourself with our resolution process and practices, accessible via the headings below and contact us if you have questions.

Definitions

“Account” means an account that has been registered on www.elephantplease.com.

“Elephant Please” and “Platform” means the platform hosted on www.elephantplease.com and the Elephant Please App.

“Elephant Please”, “we”, “our”, or “us” means Elephant Please Limited.

“Elephant Please App” means the Elephant Please application available for download on your mobile device.

“Elephant Please Limited” is a company limited by shares registered in the Hong Kong Special Administrative Region, with a certificate of incorporation number of 3171203.

“Lenders” means users that advertise item(s) for rent on Elephant Please.

“Renters” means users that communicate with and enter agreement(s) with other lenders on Elephant Please.

“User” or “Users” means any person on www.elephantplease.com, including but not limited to lenders and renters

General Introduction to Elephant Please

Elephant Please is an online peer-to-peer rental platform that enables effortless, convenient and secure rental for everyone, and is operated in the following manner that allows:

1. Lenders to advertise items for rent;

2. Renters to search for items, communicate with lenders and enter into agreements with lenders to rent the item;

3. Renters to pay lenders for the rental of the respective items;

4. Renters to pay a service fee and deposit;

5. Users to resolve disputes through the resolutions service for items rented; and

6. Lenders to receive payouts.

General Use Restrictions

All information, documents, products and services, trademarks, logos, graphics, and images ("Materials") provided on this site are copyrighted or trademarked and are the property of Elephant Please Limited (“Elephant Please”) and its subsidiaries. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and communications statutes.

Elephant Please grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the materials for any other purpose without the prior written consent of Elephant Please. Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination you agree to immediately destroy any printed or downloaded materials.

You agree not to "frame" or "mirror" any materials or third-party content contained on this site on any other server or internet based device without the advanced written permission of Elephant Please or its licensors, respectively. This site may be linked to other sites on the Internet which are not under the control of or maintained by Elephant Please. Such links do not constitute an endorsement by Elephant Please. You acknowledge that Elephant Please is providing these links to you only as a convenience, you further agree that Elephant Please is not responsible for the content of such sites.

Certain areas of this site are password restricted to authorized users ("Restricted Areas") If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for the confidentiality of your password and account information, and agree to notify Elephant Please immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may incur under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify Elephant Please of any unauthorized use of your account or any other breach of security in relation thereof known to you.

You acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of materials and third-party content. You acknowledge that the materials or any third-party content have not been independently verified or authenticated in whole or in part by Elephant Please, and agree that Elephant Please does not warrant the accuracy or timeliness of materials or the third-party content, and further agree that Elephant Please has no liability for any omissions in the materials and content, whether provided by Elephant Please or any third-party.

General Disclaimer

Services and Materials are intended only for Elephant Please’s customers and are provided only for your convenience. Elephant Please grants you no license or property rights to any such Services and Materials. Elephant Please does not warrant the accuracy, completeness, or reliability of Services and Materials and other items contained on this server or any other server. Therefore, you are not to rely on any Services and Materials provided in this site unless we expressly advise you in writing that you can.

The service and materials are provided by Elephant Please on an as is basis and for general reference only, and Elephant Please expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any service or materials. In particular, we do not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from computer virus in relation to such contents. We shall not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and shall not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including but not limited to consequential loss, destruction or damage) howsoever arising from or in respect of any use or misuse of or reliance on any information from this website, or the inability to use this website, and without having to offer any reason or notice delete or edit such information at any time, without prior notice.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We are constantly updating and improving Elephant Please to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and Elephant Please. Elephant Please reserves the right to do any of the following, at any time, without notice: (1) to modify, update, reset, suspend or terminate operation of or access to Elephant Please, or any portion of Elephant Please, for any reason; (2) to modify or change Elephant Please, or any portion of Elephant Please, and any applicable policies or terms; and (3) to interrupt the operation of Elephant Please, or any portion of Elephant Please, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

These changes to Elephant Please may affect your past activities on Elephant Please, features that you use, your User Content and any other information you submit to Elephant Please. Any changes to Elephant Please could involve information or elements being deleted or reset.

You agree that a key characteristic of Elephant Please is that changes to Elephant Please will take place over time and this is an important basis on which we grant you access to Elephant Please. Once we have made changes to any part of Elephant Please, your continued use of Elephant Please will show that you have accepted any changes to Elephant Please. You are always free to stop using Elephant Please.

Limitation of Liability

You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the services.

In no event shall elephant please or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the services, whether or not the damages were foreseeable and whether or not elephant please was advised of the possibility of such damages. Without limiting the generality of the foregoing, elephant please’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by elephant please in respect of the services giving rise to such claims or, where relevant, shall not exceed the amount of hong kong dollars then standing to the balance in your account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

To the maximum extent permitted by applicable law, Elephant Please Limited shall not be liable to you or third-party claiming through you for any damage suffered as a result of your displaying, copying or downloading information or material contained on this site. To the maximum extent permitted by applicable law, in no event shall Elephant Please Limited be liable to you or any third-party for any direct, indirect, extraordinary, exemplary, punitive, special incidental or consequential damages (including loss of data, revenue, profits or other economic advantage) however arising, whether for breach or in tort even if Elephant Please Limited has previously advised of the possibility of such possible damage.

While we will do our best to ensure that Elephant Please itself is of a reasonable standard and quality and matches any descriptions we have provided you, the Elephant Please platform or mobile application and any other portion of Elephant Please may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.

The goods and services listed on Elephant Please are not owned by Elephant Please Limited.

Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto. Nothing herein contained shall be deemed or construed as creating an agency relationship between Elephant Please and the Lender or Renter and neither party shall take any action which could reasonably lead a third party to assume that it has the authority to bind the other party or make commitments on such party’s behalf. Elephant Please bears no liabilities of the lender or renter before, during and/or after the course of the rental.

In addition, due to the nature of the Internet and technology, Elephant Please is unfortunately provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of Elephant Please will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of Elephant Please in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

In the event of a claim arising out of the provision of Elephant Please, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable. The above does not affect your rights under the applicable local laws in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

Nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

Indemnity

You agree to indemnify and hold Elephant Please Limited, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Elephant Please Limited by any third party due to or arising out of or in connection with your use of the Site.

With regards to the use of platform, whereby leading to investigation, potential criminal exposure or regulatory circumstances, users shall indemnify and hold Elephant Please harmless.

Nature of Platform

Elephant Please is a platform provider that enables users to lend and rent items, but itself does not lend or rent items. We also do not inspect, check or monitor the items listed on Elephant Please. Therefore, the lender is solely responsible to ensure that the items listed meet the descriptions provided (including but not limited to text and images), are fit for purpose and are safe to use. If you are a renter, we will not be responsible to you for any items that are rented through the use of Elephant Please.

The platform provides a venue for users to interact with each other, and to buy and sell items. Elephant Please does not pre-screen a user or the Content provided by a user, nor is Elephant Please directly involved in transactions between users. Consequently, Elephant Please has no control over, and you agree that Elephant Please is not responsible or liable for, any of the following:

• The quality, safety, morality or legality of any aspect of the items listed.

• The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

• The true identity, age, nationality, or sense of humour of a user.

• Any Content posted by users.

As a lender, you will be responsible for complying with any restrictions and obligations you may have under relevant applicable laws and social customs, with respect to the items that you provide for rental, including giving effect to renters’ rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.

As a renter, you will be responsible for any items you rent through the use of Elephant Please, including compensating the lender for any loss or damage to the items rented. You will also be responsible for any damage you cause to other people or property when you use those items.

The content of the platform is mainly produced by its users, including but not limited to descriptions of items and communication with other users. Any use of the platform should comply with our Acceptable Use clause below.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While Elephant Please endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

Please note that upon setting up an account with Elephant Please, you are eligible to become both a Lender and a Renter.

Account and Responsibilities

To access and use features on Elephant Please, you must set up an account using your own email address (your “Account”). If you are not using a single sign-on service, you will also need to create a password for your Account. You must be 16 years or older and legally capable of entering into a legally binding agreement to use Elephant Please. If you are below the age of 18, you should seek permission from your parent or legal guardian to enter into the agreement. Alternatively, we may require your parent or legal guardian to enter a legally binding agreement with us.

You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at accountmisuse@elephantplease.com straight away to let us know.

If at any time you do not feel that you can agree to these Terms of Use or any changes made to these Terms of Use or Elephant Please, you must immediately stop using Elephant Please.

Closing the browser with Elephant Please opened or deleting the Elephant Please mobile application might not close any Account you have created in relation to Elephant Please. You must notify us if you wish to close your Account by contacting us at accounttermination@elephantplease.com, and we will end your use of Elephant Please.

We may immediately end your use of Elephant Please if you break the Acceptable Use clause, any other important rule(s), or Terms of Use we set for accessing and using Elephant Please including these Terms of Use.

We may also withdraw any part of Elephant Please at any time and will notify you if we feel it will significantly affect your usage of Elephant Please.

If you or we end your use of Elephant Please or we withdraw Elephant Please as described in this section, we may delete your User Content, any other information that you have uploaded to Elephant Please or any other information we hold about you. You will also lose any rights you have to use Elephant Please or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on Elephant Please, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use Elephant Please or any such information, content or User Content.

The termination of your use of Elephant Please and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us. Nothing in this paragraph affects any legal rights you may have under the local laws in which you are resident.

Rights to use Elephant Please

The materials and content comprising Elephant Please belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using Elephant Please in accordance with these Terms of Use.

Your right to use Elephant Please is personal to you and you are not allowed to give this right to any other person. Your right to use Elephant Please does not stop us from giving other people the right to use Elephant Please.

Unless allowed by these Terms of Use or as permitted by the functionality of Elephant Please, you agree:

(a) not to copy, or attempt to copy the Elephant Please website or mobile application or any other portion of Elephant Please;

(b) not to give or sell or otherwise make available the Elephant Please website or mobile application or any other portion of Elephant Please to anybody else;

(c) not to change, or attempt to change the Elephant Please website or mobile application or any other portion of Elephant Please in any way;

(d) not to look for or access the code of the Elephant Please website or mobile application or any other portion of Elephant Please that we have not expressly published publicly for general use.

You agree that all confidential information, copyright and other intellectual property rights in the Elephant Please website or mobile application or any other portion of Elephant Please belong to us or the people who have licenced those rights to us. You agree that you have no rights in or to the Elephant Please website or mobile application or any other portion of Elephant Please other than the right to use and access them in accordance with these Terms of Use.

Lender Specific Terms

This clause applies to you if you are a lender.

You must not offer to lend through Elephant Please any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for rent in your or the renter's country of residence. We may remove any items offered for rent from Elephant Please if we believe such items are illegal, immoral or damaging to our reputation, without any notice.

You warrant that:

you have all necessary rights to rent out any items you advertise on Elephant Please, and that the renter’s use of those items will not infringe any other party's rights;
you deliver any rented items to the renter in accordance with the agreement you reach with the renter;
any descriptions of the items you advertise for rent through Elephant Please are accurate and include all information relevant to the use of the item, including (as appropriate):
- notice of any defects, restrictions or other requirements that may apply to the use of the item; and
- any instructions or notices that may reasonably be required to use the item safely;
the items you advertise on Elephant Please:
- conform in all material respects to any pictures or descriptions that you upload to Elephant Please;
- are safe to use in accordance with any reasonable instructions that you provide to the renter;
- are fit for any purpose for which such items would normally be used, or any purpose communicated to you by the renter;
- can be legally offered for rent;
- are not prohibited on the "List of Prohibited and Restricted Items and Content" (accessible via https://docs.google.com/document/d/1sFXmGKcriOdqxXxt0HrK9ffYPeUrpMXq); and
any rental item is only handed over to the renter after the order(s) are recorded by Elephant Please. You must only handover the item to the person registered at Elephant Please, no third parties.

If you offer storage space for rent, you must also ensure that the space is accessible safely and legally, that it is secure and free from leaks and/or excessive heat or cold.

You will be responsible for any damage to any of the renter’s items that are left in your storage area.

You will be responsible for any damage the renter or any other person may suffer as a result of any defect in the item they have rented from you, or for any failure to comply with the requirements in the clause about illegal items.

You are free to agree any other terms on which you lend an item to a renter, including the price you wish to charge to the renter for renting your item for the relevant rental period (the "Rental Fee"). When you post items for rent on Elephant Please, you must ensure that the Rental Fee you advertise on your listing is the total price payable for hiring your items, including any applicable taxes or costs of delivery.

Once you agree the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.

You can remove a listing or cancel your agreement to lend an item to a renter at any time up to 168 hours (7 days) before the start of the relevant rental period, we may charge you a cancellation fee equal to 30% of the relevant Rental Fee. If you cancel an agreement to rent an item less than 168 hours but more than 96 hours before the start of the relevant rental period, we may charge you a cancellation fee equal to 50% of the relevant Rental Fee. If you cancel an agreement to rent an item less than 96 hours before the start of the relevant rental period, we may charge you a cancellation fee equal to 80% of the relevant Rental Fee. For the avoidance of doubt, Platform Service Fee and Payment Processing Fee will not be refunded. To initiate an order cancellation, please email lender-ordercancellation@elephantplease.com. For the avoidance of doubt, the start of the rental period will be 00:01 of the rental start period.

The lender agrees that the decision made by Elephant Please is final and conclusive. Elephant Please can adjudicate and release funds at our sole discretion.

Renter Specific Terms

This clause applies to you if you are a renter.

When you agree to rent an item with a lender, the lender grants you a limited right to use that item for the relevant rental period. This right is personal to you and you are not allowed to give this right to any other person.

You are responsible for ensuring that:

(a) you are legally allowed to use any item that you rent through Elephant Please;

(b) you comply with all applicable law when using the item;

(d) you return the item in the same condition as it was in when you collected it from the lender (any reasonable wear and tear excepted);

(e) no other person, other than you, shall use the item(s) rented from Elephant Please.

If you rent a storage space through Elephant Please, you must ensure that the items you store are not flammable, dangerous or hazardous to people or animals, and do not exceed HKD100,000 in value. You will be responsible for any damage caused to the storage space, the lender or any other person or property as a result of your use of any storage space you rent through Elephant Please.

You are free to agree with the lender how you will return any items you have rented to the lender; however, you must ensure that return any items you have rented to the lender before your rental period ends.

You will be responsible for any loss of or damage to the item you have rented. Please see the Resolutions Policy and Deposit clauses and for more information about how we handle disputes between renters and lenders, including any if the item is damaged, lost or stolen.

If you fail to return an item by the agreed deadline you must contact the lender and or Elephant Please to notify them as soon as you are aware you are going to miss the deadline. You will also need to book and pay for the extended time immediately. The lender may not be able to accommodate the extension in which case it is your responsibility to get the item(s) back to the lender within a timeframe that suits the lender. If you do not do so you will be liable to pay late fees, which will be triple the rental fee for the period the item was late (“Late Fees”). You agree that Elephant Please can charge this amount from your card, bank account, other payment methods or invoice you without further permission.

If you miss the agreed deadline for return and are uncommunicative with the lender or Elephant Please, or we have reason to believe you have caused damage to the item, you agree that Elephant Please can take a holding deposit from your account up to the full Market Value of the items you have rented (“Holding Deposit”). This deposit will be fully refundable, less any fees owed to the company or lender, once the items are returned, replaced or repaired. Otherwise the deposit will not be refunded.

The renter agree that the decision made by Elephant Please is final and conclusive. Elephant Please can adjudicate and release funds at our sole discretion.

Due to logistical limitations where a deposit authorisation hold can only be made for a maximum of 7 days, please ensure there is two times the amount of deposit requested available to be put on authorisation hold. (i.e. If the deposit amount is HKD3,000, please ensure the card on file has HKD6,000 available before and during the rental period). A renewal authorisation hold will be made on day 6 of the previous deposit authorisation hold. If a renewal authorisation hold cannot be made successfully (i.e. the renewal authorisation hold of HKD3,000 was not placed successfully), the authorisation hold will be processed and a 5% platform processing fee and the prevailing payment processing fee will be charged in addition to the respective amount of authorisation hold. The deposit, after deducting the fees aforementioned, will be returned to the renter if there are no disputes initiated. This only applies if your rental duration is more than 3 days.

You can cancel your agreement to rent an item from a lender at any time up to 168 hours (7 days) before the start of the relevant rental period, we may charge you a cancellation fee equal to 30% of the relevant Rental Fee. If you cancel an agreement to rent an item less than 168 hours but more than 96 hours before the start of the relevant rental period, we may charge you a cancellation fee equal to 50% of the relevant Rental Fee. If you cancel an agreement to rent an item less than 96 hours before the start of the relevant rental period, we may charge you a cancellation fee equal to 80% of the relevant Rental Fee. For the avoidance of doubt, Platform Service Fee and Payment Processing Fee will not be refunded. To initiate an order cancellation, please email renter-ordercancellation@elephantplease.com. For the avoidance of doubt, the start of the rental period will be 00:01 of the rental start period.

Fees and Payment

If you are a lender, we will collect the Rental Fee from the renter on your behalf. Unless we are unable to obtain payment from the renter, such as where a renter's payment method is refused or our payment services provider determines that there is a risk of fraud, we will record you the Rental Fee within 24 hours of the start date of the rental. We will also charge you a fee of 10% of the Rental Fee ("Lender Fee"), which we will deduct from the amount we transfer to you, as indicated in the balance of an user.

If you are a renter, once you have agreed to rent an item from the lender, we will charge you the full Rental Fee on the lender's behalf. In addition to the Rental Fee, we will also charge you an additional fee for your use of Elephant Please equal to 5% of the price you pay to the lender to rent an item ("Platform Service Fee").

When you create your Account, you will need to provide us with valid, up-to-date and complete credit card or other payment method details. When you agree to rent an item, you authorise us to charge such credit card or other payment method for the relevant Rental Fee and Lender Fee or Platform Service Fee and hereby confirm that the details you provide are accurate and that you have the right to use the payment method selected.

If we are unsuccessful in charging the Subcription Fee, Rental Fee, Lender Fee or Platform Service Fee, Late Fee, Deposit Fee or any other amount to your credit card or other payment methods, and have still not received payment within 7 days after informing you, we may suspend or temporarily disable all or part of your access to the Elephant Please (without any responsibility to you), and we shall be under no obligation to provide any or all of Elephant Please while the amount concerned is unpaid. This does not affect any other rights and remedies available to us or the lender. If you chargeback a payment you were obliged to pay by the terms of this agreement, your account will be immediately suspended until the payment is re-paid, or the chargeback is cancelled.

User Generated Content

You confirm that any images, text or information that you upload to Elephant Please, including any reviews that you post about other users or items (collectively, your "User Content") will meet the Acceptable Use clause.

We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing Elephant Please (including allowing users that you give access to any User Content to view and use your User Content).

You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.

We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Acceptable Use clause.

Acceptable Use

In addition to the other requirements within these Terms of Use, this clause describes specific rules that apply to your use of Elephant Please (the "Acceptable Use clause").

When using Elephant Please you must not:

circumvent, disable or otherwise interfere with any security related features of Elephant Please;
give any false or misleading information, impersonate any person or permit any other person to use Elephant Please under your name or on your behalf unless such person is authorised by you;
use Elephant Please if we have suspended or banned you from using it;
advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;
promote or advertise any goods or services, other than items you, as a lender or seller, make available for rent through Elephant Please;
send any unsolicited marketing communications through Elephant Please;
modify, interfere, intercept, disrupt or hack Elephant Please;
misuse Elephant Please by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of Elephant Please or any user of Elephant Please's own equipment;
collect any data from Elephant Please other than in accordance with these Terms of Use;
submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
use any User Content in violation of any licensing terms specified by the owner;
other than leaving reviews about lenders or items, submit or contribute any information or commentary about another person without that person's permission;
threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and Elephant Please employees);
use any automated system, including without limitation "robots", "spiders" or "offline readers" to access Elephant Please in a manner that send more request messages to Elephant Please than a human can reasonably produce in the same period of time;
enter into any agreement to buy, sell, lend or rent any item, which was posted on Elephant Please, other than through Elephant Please with any other user who you initially met through Elephant Please, or otherwise have any communication with such users in relation to such sales or rentals. Doing so is “Fee Avoidance” and Elephant Please may claim for any fees avoided.

Failure to comply with the Acceptable Use clause constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal of your right to use the Elephant Please website or mobile application or any other portion of Elephant Please;
immediate, temporary or permanent removal of any User Content;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in above are not limited, and we may take any other action we reasonably deem appropriate.

Notice and Takedown Policy

Any person may contact us by sending us a notice (an "Infringement Notice") if any content available through Elephant Please infringes their rights. The Infringement Notice should be sent by email to copyright@elephantplease.com. Please provide the following information in the Infringement Notice:

your name and contact details;
a statement explaining in sufficient detail why you consider that the content available through Elephant Please infringes your rights or fails to comply with our Acceptable Use clause; and
a link to or such other means of identifying the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

Payout Restrictions

As a lender of Elephant Please, you may request payouts, after eligible orders are completed. However, to maintain the efficiency and sustainability of this platform there will be some restrictions on payouts. For a single withdrawal of less than HKD1000 a 5% withdrawal fee will be charged (Rounded to the nearest cent, with a minimum charge of HKD10 per withdrawal request); for a single withdrawal of HKD1000 or more no withdrawal fee will be charged. For the avoidance of doubt, a single withdrawal of HKD1000 will not incur any additional withdrawal charges, however, a single withdrawal of HKD999.99 will incur a withdrawal charge of HKD50 (thus an actual payout of HKD949.99, as a result of the deduction of a withdrawal charge of HKD50 from a single withdrawal of HKD999.99).

Violation of Terms of This Site

If you violate the terms of this site, Elephant Please reserves the right to terminate or suspend your account without further notice or explanation. Elephant Please’s preferred course of action is to advise you of your inappropriate behavior and advise you of any corrective action. However, flagrant violations of these Terms as determined by Elephant Please in its sole discretion, will result in immediate termination of your account.

You agree that Elephant Please and its licensors may make improvements and/or changes to the platform and prices described in this site, if any, at any time without notice, and further agree that Elephant Please can revise these Terms at any time without notice by updating this posting. Your continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in Hong Kong Special Administrative Region of the People's Republic of China for the resolution of all disputes arising from or related to these Terms and/or your use of the site.

The failure of Elephant Please to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Elephant Please in writing. The Terms comprises the entire agreement between you and Elephant Please and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.

Privacy Policy

We value your privacy. Our Privacy Policy shall apply to any personal data voluntarily submitted by you when registering and/or using this platform. Such personal data collected from you will be used for processing your account, following up on your confirmed account, and for other related purposes. You can subsequently change your personal data.
Please refer to our Privacy Policy on our website (which forms part of these Terms of Use) in order to understand how we collect or use your personal information.

Resolutions Policy and Deposit

Our Resolutions Policy shall apply to any rentals (whether present or historical) as a result of the direct use of this website. The Resolutions Policy guide and govern our workflow and practices when disputes between the renter and lender arise. It is to be understood that Elephant Please Limited are in no way responsible for the damages, as a result of direct or indirect usage of the items rented. However, as a gesture of goodwill, Elephant Please will facilitate the dispute and facilitate the process. Users of this website, understand that Elephant Please has the final discretion to decide on how the deposit is to be allocated.

Please refer to our Resolutions Policy on our website (which forms part of these Terms of Use) in order to understand how we process disputes and allocate the deposit.

Intellectual Property

"Elephant Please", “ElephantPlease.com” and other relevant figures are trademarks of Elephant Please Limited. Unauthorized use or duplication of these marks is strictly prohibited by law.

All contents of this website are protected by copyright, trademark and other intellectual property rights owned or controlled by us and/or our affiliated companies. This website is intended only for personal use. Before you obtain our prior written consent, you shall not copy, reproduce, upload, download, transmit, modify, alter, decompile, reverse engineer, decode, resell or distribute the contents of this website or any part thereof, or for any other purpose.

Amendment and Notification

We may revise these Terms of Use from time to time but the most current version will always be on Elephant Please or in the relevant section of the Elephant Please mobile application.

Changes will usually occur because of new features being added to Elephant Please, changes in the law or where we need to clarify our position on something.

Normally, we will try to give you some warning before the new Terms of Use become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China. If you use this site from outside the Hong Kong Special Administrative Region of the People's Republic of China, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content. The current version of these Terms of Use contains the only Terms of Use that apply to our relationship with you.

The parties irrevocably agree that the courts of the Hong Kong Special Administrative Region of the People's Republic of China shall have exclusive jurisdiction.

If any term(s) of these Terms of Use is declared illegal, invalid or unenforceable, the illegality, invalidity or unenforceability of such term(s) shall not affect the legality, validity and enforceability of any other terms of these Terms of Use, and shall continue to be valid. All interpretations of these Terms of Use shall be at the sole and absolute discretion of Elephant Please.

Rights of Third Parties

The parties do not intend any term of this Agreement to be enforceable by any person who is not a party to this Agreement pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap 623), and the parties agree that this Agreement shall be excluded from the application of the Contracts (Rights of Third Parties) Ordinance (Cap 623).

Entire Agreement Clause

These Terms of Use (together with the other Terms, Policies and documents being delivered pursuant to or in connection with these Terms of Use) constitute the entire agreement of the parties hereto with respect to the subject matter hereof and thereof, and supersede all prior agreements and understandings of the parties, oral and written, with respect to the subject matter hereof.

No Representation Clause

Each party confirms that, except as provided in these Terms of Use and without prejudice to any liability for fraudulent misrepresentation, neither party has relied on any representation or warranty or undertaking which is not contained in these Terms of Use or any document referred to in it or which was made by the other party who is not a party to these Terms of Use and neither party shall have any remedy in respect of misrepresentation or untrue statement made by the other party (whether innocently or negligently) unless and to the extent that a claim lies in respect of any express representation or warranty or undertaking which is contained in these Terms of Use.

Contact Us

In case you have any questions about these Terms of Use, please contact us via email at: termsofuse@elephantplease.com.

If you have a dispute with us relating to Elephant Please, in the first instance please contact us at info@elephantplease.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

We value hearing from our users, and are always interested in learning about ways we can improve Elephant Please. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.