A. General Terms and Condition
1. This website (the "Site") is provided by Borro L1 Inc. and or BL 2 Inc. and or BL 3 Inc. ("borro", "we", "us", "our"). Borro L1 Inc. is licensed by the City of New York under the Collateral Loan Brokers Law, Article 5 of the New York General Business Law, license number 1412743. BL 2 Inc. is licensed by the City of New York under the Collateral Loan Brokers Law, Article 5 of the New York General Business Law, license number 1435947 and BL 3 Inc. is licensed by the City of New York under the Collateral Loan Brokers Law, Article 5 of the New York General Business Law, license number 1467736.
2. Loans are offered to customers whose assets are stored in New York. We lend fixed sums of money on a secured basis at a fixed interest rate over a fixed period of time. Any loan is subject to our approving your application and your executing a formal Loan Agreement with Borro. The Loan Agreement contains other information that we are obligated to supply to you, including the duration of the loan, the applicable APR, how to repay the loan early, the total amount you have to repay, and any charges that may be payable under the Loan Agreement if you are in default.
3. The information and materials contained at this Site, and the terms, conditions, and descriptions that appear, are subject to change. Please review the Site and this Service Agreement frequently for any changes.
5. THE INFORMATION AND MATERIALS CONTAINED AT THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
6. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
7. All information submitted to Borro via this site shall be deemed and remain the property of Borro and we shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Site provides us through this site. We shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by us or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing our responsibilities and obligations to customers in accordance with our Privacy Notice.
9. This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
10. This Service Agreement and the relationship between you and us will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The exclusive venue for the resolution of any disputes under this Agreement shall be the state and federal courts located in the County of New York, State of New York, and you hereby consent to the jurisdiction of those courts.
11. We are regulated by NYC Department of Consumer Affairs under the Collateral Loan Brokers Law, Article 5 of the New York General Business Law, Borro L1 Inc. license number 1412743, BL 2 Inc. license number 1435947 and BL 3 Inc. license number 1467736.
12. If any part of this Service Agreement is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of the Service Agreement.
13. The images, illustrations, designs, icons, photographs, video and audio clips, text and graphics, and the look and feel, collection, arrangement and assembly of the content on this Site, its structure, the domain name/URL for this Site, the HTML code for this Site, the logos and brand names of the services described on this Site and other materials displayed on this Site (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks and trade dress, as well as publicity rights and/or other intellectual property, owned by Borro or used by Borro with permission of their owners. The Materials are protected by United States copyright, trademark and other intellectual property laws and international treaty. Unauthorized reproduction, distribution or modification is subject to civil and criminal penalties.
14. We will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, we will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Provide notice of claimed copyright infringement to the following address: email@example.com. Please include in the subject line the word "copyright" for all claims of copyright infringement and the words "intellectual property" for all claims of any other intellectual property infringement.
B. Additional Terms for Shipment of Property
You agree to the additional terms and conditions set forth in Section B of this Service Agreement if you send an item of property to us. If you do not agree to these terms and conditions, you may not ship any property to us.
1. We can also arrange for shipping the item(s) that you wish to use as security for your loan ("Your Property"). You warrant and represent that you have good and marketable title to Your Property, free of all encumbrances of any kind, and you are not under the age of 18 years.
2. By using Borro's shipping services, you are authorizing us to act for you in appointing on your behalf a shipping agent to ship Your Property to and from our premises for the purposes of further valuation by our appraisers in accordance with the terms of this Service Agreement.
3. It is your responsibility to ensure that your items are securely and appropriately packaged, including the use of additional and/or item specific packaging, for shipping. Borro cannot be held responsible for damage to items sent in inappropriate packaging.
4. Borro will provide insurance coverage for loss or damage to Your Property in transit when using one of Borro's shipping services up to a market replacement value as determined by Borro subject to the terms and limitations of this Service Agreement. If you use your own shipping agent or shipping services, you are solely responsible for any insurance coverage.
5. It is your responsibility to obtain and retain a receipt for shipping from the shipping agent. This receipt is required for any insurance claim. You must also ensure that you can produce photograph(s) of Your Property as well as at least one document per item which will prove ownership and the current replacement value of Your Property. Please note that it is your responsibility to keep safe all documentation relating to Your Property that would be useful in support of an insurance claim, including, but not limited to any purchase receipts, shipping receipts, certificates, appraisals, insurance documents or photos.
6. You agree that we are not liable in any way if our insurers refuses any insurance claims in relation to Your Property.
7. On receiving Your Property from you, we inspect the item(s), and compare Your Property to the original description supplied by you, in order to confirm that they match. We appraise Your Property in good faith, according to accepted industry standards and prevailing market rates, and on the assumption that the description provided by you is completely accurate. Should Your Property vary from the original description in a manner which affects the appraisal, we may, in our absolute discretion, decline to make an offer or make an offer to you that is higher or lower than the initial indication given to you for any reason, including but not limited to any difference in the actual quality of Your Property compared with our understanding of your original description or changes in the market for such item(s). Any offer that we make to you is subject to our being able to formally identify you, and your executing a formal Loan Agreement with borro.
8. To determine the purity (carat) of gold items, we will first look at any hallmarking on pieces. If there is no hallmark or there is any question of the veracity of markings, we may have to test pieces using either acid or an electronic test. You accept that the process of appraisal of your items may result in tarnishing, staining and/or scratches.
9. If you chose not to accept your offer or we are unable to loan against your items, we will ship them back to you.
10. Should any insurance claim arise out of any loss or damage suffered in shipping Your Property back to you, the replacement value(s) claimed will be according to our appraisal of Your Property as described in Section 7 above, whether you accept any loan offer or not.
11. You are responsible for any telecommunications charges, digital television subscription or other network charges for the time you spend accessing www.borro.com or calling us.
12. While we will provide you with information that we have to help you in any dispute or claim that you may have with your shipping agent, we cannot be held liable for any failure in the agent's performance of its obligations to you.
13. You allow us to disclose to any law enforcement or government agencies (the "Police") all information we may have relating to you and/or Your Property. If the Police in any circumstances request possession of Your Property or any part of Your Property, you agree that we can pass the Property to the Police.
14. Any unclaimed items after a period of 30 days, without prior agreement with Borro, for any reason may be removed from storage and disposed of at Borro's discretion without any recourse, financially or otherwise to borro.
In the event of Borro offering any promotion in addition to the above terms the following terms apply:
1. You must be aged 18 years or over to participate in the promotions. Underage entries will be void.
2. Cash back promotions will be earned based on loan amounts. Borro reserves the right to cap the amount of cash back on offer or withdraw the cash back promotion at any time.
3. Fraudulent, multiple or incorrectly completed entries will not be accepted, neither will entries made in breach or non-compliance with these terms and conditions. No liability is accepted for entries that are not received for any reason by borro.
4. Borro reserves the right to exclude any entrant from competitions, promotions, events and from use of the Borro website if Borro believes that an entrant has tried to engage in the promotion via fraudulent or illegal activity (including participation that would be in breach of the law in your local jurisdiction).
5. Borro in its sole discretion reserves the right to withdraw or vary the terms of competitions and promotions and/or any offer made in connection with them in order to comply with the decision of any relevant judicial or regulatory body and shall not be held liable to any entrant for so doing.
6. The decision of Borro in respect of any matter concerning or related to competitions and promotions is final and no correspondence will be entered into.
7. Borro accepts no responsibility whatsoever for system or connection problems that might affect any end user during any of these promotions.
8. Borro and its affiliates and subsidiaries, or any of their employees, officers or directors shall not be liable for any damages howsoever arising as a result of a participant's in an event or any such modification, alteration, discontinuance or termination of any tournament, and any such liability shall be borne solely and exclusively by the participant or winner, as the case may be.
9. Borro retains the right to withdraw the promotion at a time of its choosing.
10. Borro reserves the right to withdraw any promotions and recover the promotion amount if the user repays their loan within 14 days or fails to renew or repay their loan when due.
11. The promoter in respect of any prize draws, competitions and promotions is Borro L1 Inc and or BL 2 Inc. and or BL 3 Inc.
Last updated: November 13th, 2013