Terms and Services
Thank you for signing up with 36Machines! This document sets out contractual terms for your participation in the 36Machines Marketplace. The terms are legally binding on you, so it’s important that you read and understand them. Below are the general terms that apply to all users of the 36Machines Marketplace together with its sites, applications, services, and tools (“36Machines”). All of the terms stated in these Terms of Service, together with 36Machines’ Privacy Policy constitute the “Agreement” between you and 36Machines. 36Machines may change the terms of the Agreement from time to time. As stated on the 36Machines 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 36Machines generally, please contact us at info@36Machines.com Thank you for your interest in 36Machines! – The 36Machines Team
General Terms
Registration and Verification
When you sign-up for various services offered by 36Machines, 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 36Machines will be complete and accurate. 36Machines 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 36Machines to request, receive, use and store such information for a reasonable period of time. 36Machines may, at its discretion, accept or reject your registration application.
Continuing Obligation to Update Information
You promise to update the information you have provided to 36Machines in the event of any changes to your equipment or contact information, specifically with respect to your contact information. 36Machines may deliver notices to you at the most recent email
and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that billing address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. 36Machines may use and share your information as described in our Privacy Policy.
Your Commitments
You agree that you will always use 36Machines in compliance with the terms of this Agreement and any other policies and standards provided to you by 36Machines. You promise 36Machines that you have the legal right to enter into this Agreement and to use 36Machines. You promise that your activies with 36Machines 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 “36Machines and Equipment Owner” as an additionally-insured, for both completed and ongoing operations. Documentation of such coverage will be provided on 36Machines’ request.
To the greatest extent permitted by law, you will indemnify, defend and hold harmless the equipment owner, from whom you are renting, 36Machines 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 36Machines and any Users.
Termination
You may discontinue your use of 36Machines at any time and 36Machines may terminate your access to the 36Machines Marketplace at any time for any reason or no reason. Termination of access to the 36Machines Marketplace will not release either party from any obligations incurred prior to the termination and 36Machines 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 LiabilityThis Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:This Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:This Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:This Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:This Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:This Agreement describes all of 36Machines’ obligations in the event of any loss or damage resulting from your participation in the 36Machines 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:
36MACHINES PROVIDES A MARKETPLACE THAT FACILITATES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 36MACHINES (including its subsidiaries and affiliates, officers, directors, agents and employees) IS 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).
No Agency
36Machines 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 36Machines and 36Machines will not make commitments on your behalf unless expressly stated in this Agreement.
Legal Disputes
You and 36Machines agree that any claim or dispute at law or equity that has arisen or may arise between us relating to 36Machines Terms will be resolved in accordance with the provisions set forth in this Agreement.
Severability
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.
No License
36Machines contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in India and internationally. Except as part of the intended use of 36Machines, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through 36Machines, all of the content presented through 36Machines is owned by 36Machines and its licensors. All rights are hereby expressly reserved.
General
This Agreement states the entire understanding between you and 36Machines concerning your participation in the 36Machines 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 36Machines.