The following terms and conditions (the “Agreement”) govern all use of the www.EQUIPSHARE.in website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Agnihotri Business Consultancy Pvt Ltd. (“ABC”). The Service is offered subject to your (the “User’s”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by ABC. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. ABC reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. User represents and warrants to ABC that: (i) (a) User is at least 18 years of age or older or (b) User represents an organization on whose behalf User is authorized and able to enter into a binding contract; (ii) all registration and Rental information User submits is complete, accurate and truthful; and (iii) User will maintain the completeness, accuracy and truthfulness of such information. User also certifies that User is legally permitted to use and access the Service and takes full responsibility for the selection and use of and access to the Service.
The Service is a neutral venue where renters of construction equipment (“Renters”) and owners of construction equipment (“Owners”) can allocated via optimized algorithms to each other and arrange for rental(s) of Owners’ construction equipment (“Rentals”). As a neutral venue, ABC maximize but cannot and does not guarantee or ensure (i) the form, fit, function or condition of any Rentals, (ii) the safety, or legal or regulatory compliance of any Rentals, or (iii) the acts or omissions of any Renters or Owners (such as the treatment of Rentals by Renters or the timeliness of delivery by any Owners). Any and all communications, or correspondence, verbal or written, or any warranties or representations, made by Renters or Owners are not made by (and do not legally bind) EQUIPSHARE, but rather are made specifically and solely by the applicable Renter/Owner. EQUIPSHARE may – but is not obligated to - pre-screen or prequalify any Renters or Owners (including with respect to verifying ownership of Rentals, maintenance of proper licenses, verification of insurance, etc.).
User is solely responsible for User’s interaction with other Service users (e.g. payment obligations). ABC reserves the right, but has no obligation, to monitor disputes between User and any other Service users. Because ABC is not the agent of either User or any other users, ABC will not act as an agent to User or in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Service. If User has a dispute with one or more other users of the Service, User shall and hereby does release ABC (and its officers, directors, agents, subsidiaries, joint ventures, employees and investors and their related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a India resident, User waives Indian Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." To the extent ABC assists in the resolution of any dispute between User and any other user, such assistance is only a courtesy and, therefore, User acknowledges that ABC shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Service are solely for User’s own business use, and not for the use or benefit of any third party. For clarity, User will not re-rent or otherwise sell the Services. ABC may change, suspend or discontinue the Service, including the availability of any feature, database or content, at any time. ABC may also impose limits on certain features and services or restrict User’s access to parts or all of the Service without notice or liability.
The Service and its contents are intended solely for the business use of the Service by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Service (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by User: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. User may download or copy the Content (and other items displayed on the Service for download) for personal non-commercial use only, provided that User maintain all copyright and other notices contained in such Content. In the course of using the Service, User and other users may provide information which may be used by ABC in connection with the Service and which may be visible to certain other users. User understand that by posting information or content on the Service such as Rental submissions, or other information meant to be visible and used by other users (collectively, “User Submissions”), ABC hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with providing the Service. User understands that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that ABC will not be liable for any errors or omissions in any content. User acknowledges that all Content accessed by User using the Service is at User’s own risk and User will be solely responsible for any damage or loss to any party resulting therefrom.
User warrants, represents and agrees that User will not contribute any Content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of ABC; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program or (vi) violates or constitutes a breach of any agreement or obligation User may have with or to a third party. ABC reserves the right to remove any Content – including Rental submissions - from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ABC is concerned that User may have breached the immediately preceding sentence), or for no reason at all. User, not ABC, remains solely responsible for all Content that User uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Service, and User warrants that User possesses all rights necessary to provide such content to ABC and to grant ABC the rights to use such information in connection with the Service and as otherwise provided herein. User is responsible for all of User’s activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access or use the Service. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Service. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while User is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Service is strictly prohibited. User will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. User will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with User activity in connection with the Service. User understands and agrees that ABC shall have the sole right to decide whether User is in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
ABC has no special relationship with or fiduciary duty to User. User acknowledges that ABC has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content User accesses via the Service; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases ABC from all liability for User having acquired or not acquired Content through the Service. ABC makes no representations concerning any content contained in, or accessed through, or products or services obtained through the Service, and ABC will not be responsible or liable for the accuracy, copyright compliance, or legality material contained in or accessed or products or services obtained through the Service. ABC makes no representations or warranties regarding the accuracy of descriptions anywhere on the Service, or regarding suggestions or recommendations of services or products offered or purchased through the Service. THE SERVICE, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN PARTICULAR, ABC MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO ANY RENTALS. User warrants that it has undertaken its own investigation of all matters relating to the Services provided and any Rental, including an investigation as to the condition of any equipment provided by another User, and therefore has not received or relied upon any statements or representations by ABC concerning such matters.
As a condition to using some aspects of the Service, User may be required to register with ABC and select a password and user name (“ABC User ID”). User shall provide ABC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a ABC User ID a name of another person with the intent to impersonate that person; or (ii) use as a ABC User ID a name subject to any rights of a person other than User without appropriate authorization. ABC reserves the right to refuse registration of or cancel a ABC User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s password. If User allows third party sites or services to provide information to ABC, User is consenting to have such information from those accounts transmitted to User’s ABC account. User agrees that User shall only use accounts owned by User, and not by any other person or entity.
With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to any rental of equipment, each User will name “ABC and Equipment Owner” as an additional- insured for General and Auto Liability coverage, for both completed and ongoing operations. Such insurance shall be provided by an insurer with an A.M. Best Rating of at least A-/VIII. Documentation of such coverage will be provided on ABC’s request. To the greatest extent permitted by law, User will indemnify, defend and hold harmless ABC, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement, or the infringement by User or any third party using User’s account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among ABC and any Users. If and to the extent that it is determined that this provision is subject to Indian Civil Code, then the indemnity, defense, and hold harmless obligations hereunder shall be deemed to apply to the extent permitted by law, but no greater. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements.
To the greatest extent permitted by law, User will indemnify, defend and hold harmless ABC, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorney's’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement, or the infringement by User or any third party using User’s account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among ABC and any Users. If and to the extent that it is determined that this provision is subject to Section 2782 or Section 2782.05 of the Indian Civil Code, then the indemnity, defense, and hold harmless obligations hereunder shall be deemed to apply to the extent permitted by law, but no greater. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements.
The Service may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by ABC. When User accesses Third Party Services, User does so at User’s own risk. User hereby represents and warrants that User have read and agree to be bound by all applicable policies of any Third Party Services relating to User’s use of the Service and that User will act in accordance with those policies, in addition to User’s obligations under this Agreement. ABC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, ABC will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Service, User expressly relieves and holds harmless ABC from any and all liability arising from User’s use of any Third Party Services.
This Agreement and the terms and conditions hereof shall bind the parties hereto, their heirs, successors, legal representatives and assigns. Neither Renter nor Owner shall, without written consent of the other party, assign, transfer, or sublet any portion or part of obligations or rights under this Agreement, nor assign any payment hereunder to third parties.
This Agreement shall remain in full force and effect while User uses the Service. User may terminate User’s use of the Service at any time. ABC may terminate or suspend User’s access to the Service or User’s membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with User’s membership. ABC may also terminate or suspend any and all Service and acc ess to the Website immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Upon termination of User’s account, User’s right to use the Service, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ABC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ABC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with ABC’ prior written consent. ABC may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind ABC in any respect whatsoever.
These terms and conditions will be governed by and construed in accordance with the laws of Indore, Madhya Pradesh and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh. Legal Notice. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ABC has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act http://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of ABC's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. It is ABC policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If User believes that content residing on or accessible through the ABC Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that ABC is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
It is ABC policy: to remove or disable access to the infringing content; to notify the content provider, member or user that it has removed or disabled access to the content; that repeat offenders will have the infringing content removed from the system; and to terminate such content provider's, member's or user's access to the service.
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: A physical or electronic signature of the content provider, member or user; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the India, for any judicial district in which ABCf is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, ABC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ABC’ discretion. Please contact ABC Designated Agent to Receive Notification of Claimed Infringement at the following address: Designated Agent to Receive Notification of Claimed Infringement: ABC Pvt Ltd, 42, Sheshadri Colony, VIP Road Indore, Madhya Pradesh - 452006