Thank you for signing up with “eEquipRent.” This document sets out contractual terms for your participation in the eEquipRent Marketplace. The terms are legally binding on you, so it’s important that you read and understand them.
As stated on the eEquipRent site and in our mobile application(s), when you click the appropriate button to continue with your registration or activity, that action will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or eEquipRent generally, please contact us at support@eEquipRent.com.
Thanks for your interest in eEquipRent
The eEquipRent Team
Registration and Verification
When you sign-up for various services offered by eEquipRent, you will be asked to provide certain information about yourself (e.g. information concerning your equipment, your address, etc.). You promise that any information you provide to eEquipRent will be complete and accurate. eEquipRent may use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize eEquipRent to request, receive, use and store such information for a reasonable period of time. eEquipRent may, at its discretion, accept or reject your registration application.
Continuing Obligation to Update Information
You agree that you will always use eEquipRent in compliance with the terms of this Agreement and any other policies and standards provided to you by eEquipRent. You promise eEquipRent that you have the legal right to enter into this Agreement and to use eEquipRent. You promise that your activities with eEquipRent won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.
Indemnity and Insurance
With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to receiving rental equipment, each User will name “eEquipRent and Equipment Owner” as an additionally-insured, for both completed and ongoing operations. Documentation of such coverage will be provided on eEquipRent’s request. To the greatest extent permitted by law, you will indemnify, defend and hold harmless the equipment owner, from whom you are renting, eEquipRent and its affiliates, directors, employees, investors, 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. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among eEquipRent and any Users.
You may discontinue your use of eEquipRent at any time and eEquipRent may terminate your access to the eEquipRent Marketplace at any time for any reason or no reason. Termination of access to the eEquipRent Marketplace will not release either party from any obligations incurred prior to the termination and eEquipRent may retain and continue to use, for its own internal purposes, any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waivers, or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.
Disclaimer of Warranty and Limitation of Liability
This Agreement describes all of eEquipRent’s obligations in the event of any loss or damage resulting from your participation in the eEquipRent Marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
“eEquipRent” provides a marketplace that facilitates equipment rental services between equipment owners and equipment renters. “eEquipRent” does not provide equipment rental services and is not responsible for any of the acts or omissions of any of the users of its eEquipRent marketplace, the equipment manufacturer or any third party provider or services (e.g. in-equipment GPS or other systems).
In addition to fullest extent permitted by applicable law, eEquipRent (including its subsidiaries and affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold us responsible for any losses (including, but not limited to, loss of of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, incidental, or consequential damages).
eEquipRent does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of eEquipRent and eEquipRent will not make commitments on your behalf unless expressly stated in this Agreement.
You and eEquipRent agree that any claim or dispute at law or equity that has arisen or may arise between us relating to eEquipRent, Terms will be resolved in accordance with the provisions set forth in this Agreement.
You agree that the laws of the State of Gujarat, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and eEquipRent, except as otherwise stated in the Agreement.
Neither party shall be held liable for breach of this Agreement in the event that all or substantially all of its obligations under this Agreement are materially interfered by reason of any cause or occurrence beyond the control of such party, including without limitation, machine malfunction (except to the extent caused by intentional or grossly negligent acts of such party, its employees or agents), fire, flood, epidemic, earthquake, explosion, accident, war, blockage, embargo, act of public enemy, civil disturbance, labor dispute (or threatened disputes). If the force majeure events prevent Supplier from performing its obligations hereunder, Renter may terminate this Agreement without liability and rent the Equipment from another supplier. If the force majeure events prevent Renter from performing its obligations hereunder, Supplier may terminate this Agreement without liability and rent the Equipment to someone else or otherwise make use of the Equipment.
All disputes arising from this Agreement, or from any other agreement that exists between the parties to this Agreement, shall be settled as per Arbitration and Conciliation Act, 1996 and jurisdiction shall be Ahmedabad.
If an arbitrator or court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.
This Agreement states the entire understanding between you and eEquipRent concerning your participation in the eEquipRent Marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the eEquipRent.