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Terms of Use

Please review the following “Terms of Use” for MACHINOX APP, WEBSITE, and MACHINOX SERVICES that govern your use of our services.

Introduction of Machinox

MACHCREW SOLUTION’s Machinox is an online marketplace that facilitates the buying, selling, and renting of used construction equipment, heavy machinery, and earth-moving machines and similar products. We act only as a technology platform and intermediary, providing listing, search, and communication tools for users, but we do not own, control, or guarantee the quality, safety, performance, legality, or accuracy of the equipment or information posted by users. All transactions are carried out directly between buyers, sellers, and renters, and users are solely responsible for verifying details and exercising due diligence before entering into any transaction.

Welcome to Machinox

Your use to Machinox is subject to these Terms of Use (“Terms”). Thank you for using Machinox and going through terms.

DEFINITIONS

In these “Terms of Use” certain words have a particular meaning which is listed below,

“Machinox”, “We”, “Our”, “Us”

The Machinox Services are owned and operated by MACHCREW SOLUTION, company incorporated and and recognised by in India by Maharashtra Shops and Establishments Act, 2017 together with its holding companies, subsidiaries and other associated companies as the case may be.

“Machinox APP”

Our augmented reality interactive application for smartphones entitled Machinox including all versions of that application which may be available for download from time to time from the App Store or Google Play.

“Machinox Content”

Content owned by MACHCREW SOLUTION made available to Users via the Machinox Services.

“Machinox Services”

Collectively the Machinox App, the Machinox Website, Our Machinox products and any other applications, products or services of Machinox which You may use. A reference to ” Machinox Services” includes any and all related databases, features, functionality, plug-ins, software and web pages.

” Machinox Website”

The official Machinox website available at www.machinox.in

“Content”

Any text, documents, images, links, files, sound files, audio files, videos, text, animation, greeting cards, post cards or any other content or materials which are made available to the public via the Machinox Services.

“Intellectual Property Rights”

Patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

“Third Party Content”

Content which is owned or controlled by a person other than MACHCREW SOLUTION., including (1) Content which is licensed to us by any other franchise and (2) Content which is made available by users of our service.

“User”

A person who makes use of the Machinox Services regardless of whether or not they register with us.

“User Generated Content”

Content which a user creates, submits, uploads, posts, links to, displays or shares on or through the Machinox Services.

“You”, “Your”

You, the person visiting and using the Machinox Website, installing, and using the Machinox APP or registering as a user of Machinox Services.

“Excluded Dispute”

Those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

In these Terms of Use:

  • The words “includes” and “including” are not limited in any way and mean “includes or including without limitation”.
  • The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, co-operatives, associations and other natural and legal persons.
  • The clause and paragraph headings are for convenience only and shall not affect their interpretation.
  • Unless stated otherwise, references to a Clause are to a clause of these Terms of Use.
  • Where a conflict, ambiguity or difference exists in the interpretation, wording or meaning of a provision or term in any of Our published policy documents, or in any written communication to You, the provision or term contained in the most recent policy document or communication shall apply.
  • These Terms of Use were originally written in the English language. To the extent any translated version of these Terms of Use conflicts with the English version, the English version prevails and controls.

OUR SERVICES

  1. Machinox Services are owned and operated by MACHCREW SOLUTION (herein after referred to as for the sake of brevity and convenience as “we”, “our”, or “us”). We provide suitable platform, an online marketplace that facilitates the buying, selling, and renting of used construction equipment, heavy machinery, and earth-moving machines and similar products.

           By reading our Terms of Use you understand functioning of the product and best to its use.

  1. By installing, accessing, or using the Machinox APP, the Machinox Website, Machinox Software, Machinox Feature and/or any other Machinox Services (together “Services”), you agree and bound by these terms to use (as amended from time to time) which constitutes a binding legal agreement between YOU and US.
  1. MACHCREW SOLUTION reserves rights to change the Terms of Use from time-to-time at sole discretion and Your use to these Services will be subject to the latest version of the Terms of Use posted within Machinox APP or on WEBSITE at the time of such use. We recommend reading of Terms of Use time-to-time so you are updated with the latest version and accordingly bound by legal agreement between You and Us. If You breach any of the Terms of Use, Your authorization to use the Machinox Services terminates automatically and immediately and You shall immediately cease use of the Machinox
  2. Limitation of Services:
    • Intermediary role:Machinox is an online platform that enables users to list, buy, sell, or rent construction equipment, heavy machinery, and related products. We act only as a facilitator and do not own, sell, purchase, rent, or control any equipment listed on the platform. We are not a party to, nor responsible for, any transaction between users.
    • No Guarantee of Quality or Legality: We do not verify, endorse, guarantee, or make any representations regarding the quality, condition, performance, suitability, availability, legality, or authenticity of the equipment or the information provided by users. Users are solely responsible for conducting their own due diligence before entering into any transaction.
    • No Warranty of Availability: We do not guarantee uninterrupted or error-free access to the app, its servers, or any communications. Service may be temporarily unavailable due to maintenance, upgrades, technical issues, or reasons beyond our control.
    • Limited Responsibility for Logistics: While we may assist in coordinating logistics and transportation, we are not responsible for delays, damages, losses, or failures in delivery caused by third-party service providers, natural calamities, or user negligence.
    • Exclusion of Financial Liability: We are not liable for any financial loss, loss of profits, damages, disputes, defaults, frauds, or misrepresentations arising out of user-to-user interactions or third-party service providers engaged through the platform.
    • Compliance Responsibility: Users are solely responsible for ensuring that their use of the equipment complies with all applicable laws, safety regulations, licenses, and insurance requirements.
    • Limitation of Claims: To the maximum extent permitted by law, our total liability, if any, arising out of or in connection with your use of the app shall be limited to the service fee (if any) paid by you to us for the specific transaction in question.
  1. Service Partners: Machinox function with partners, service providers and associated companies to help us provide ways for you to connect with services. We receive inputs, information from them which we effectively use to operate and improve our Services.
  1. Safety & Security:We take all necessary measures to protect and safeguard our product and services with external harmful factors. We have strict guidelines for restricting use of services to the people who are misusing our services which lead to harmful conduct towards others and also violate our policies, business strategies, goodwill, patents, rights, and terms. We will take all necessary steps where we can help, protect and safeguard individual or community for any kind of safety & security violations from our services. We have system in place to improve our ability to detect and remove abusive people/activity that harms safety & security of our services and disturb individual or community. If we get to know any of this kind of activity, we will initiate legal proceedings by removing those people and not allowing them to use this service again in future and/or by enforcing appropriate law.
  1. Data Centres: For operation of our Services, we need to have infrastructure to distribute and store contents and information in Data Centres around the Country, which may or may not be outside your city of usage of service. This Infrastructure facility may be owned or operated by our service providers or associated company.
  2. Some versions of the Machinox provided for use with a particular Machinox App powered service, experience or product may have a different set of terms of use which are unique to that app. These terms of use will normally be located within the app itself. For apps which have their own in-app terms of use, the provisions of that document will apply in place of the terms of use set out below.

Terms of Use with Users for using Machinox and Services

These general terms of use (“Terms”) which You are currently reading are used by MACHCREW SOLUTION. Unless We tell you otherwise, the Terms of Use govern your access to and use of Our applications, products, services, software and websites including without limiting access to content and functionalities provided by Machinox or by third parties(if any).

  1. By accessing or using the Machinox, the machinox.in Website and/or any other Machinox Services, you agree to be bound by these Terms of Use (as amended from time to time) which constitute a binding legal agreement between You and Us.
  1. Registration: Because you must register and create an account to access certain features of the Platform, you agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  1. Address Book: To avail our services, you may have to provide access to your address book with contacts which may include contacts of people using Machinox or not using Machinox. You also consent that you are authorize to provide us such numbers for availing our service.
  2. Devices & Software: Your mobile phone and/or the system shall provide data connection & software to avail facility of our services.
  1. Consent:To avail our services, you have to give consent for downloading and installing updates of Services, which includes automatic updating of software as well.
  1. Charges:  To avail our services your mobile phone and/or the system shall be equipped with internet facility at your own cost and taxes. We reserve our right to charge you, which is non-refundable, for our Services along with applicable taxes. We may refuse or cancel orders.
  1. Amendment / Modification: We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the Machinox Services will be subject to the most current version of the Terms of Use posted on the Machinox Website or available within the Machinox App at the time of such use. We recommend that You read through the Terms of Use from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorization to use the Machinox Services automatically and immediately terminates and You must immediately cease use of the Machinox Services and remove any materials downloaded from the Machinox Services from Your computer systems and devices.
  1. Age: If you are of age below 14 years (fourteen years), You shall read these Terms of Use with parents or legal guardians. If You are below the age of 12 years (twelve years) you are not allowed to use these services provided by Us or to submitting or sharing any personal details or content with Us or any other user of the Machinox Services. Moreover, to avail our service the minimum required age shall be applicable under the Law of Land of your country. If you are not old enough to avail service in your country, your parent or legal guardian must agree to our Terms on your behalf.
  1. Privacy Policy: Machinox shall maintain all privacy of data/information shared by you and shall not misuse the contents of your accounts data.
  1. User Data:You give consent to us to use, process, share of your data of account to provide better services. This usage of data will happen as per our Privacy Policy. We may transfer and process your information to our associated Partners, service providers for rightful use of data.  You acknowledge that the rules, regulations, laws and standards of the country in which your information is stored or processed may be different from those of your own country.
  1. Conditions to use Service: We reserve our right to terminate services, if we found that you are using our service in unlawful manner or in a breach of any legislation or licence which applies to you. You are responsible to your relationship with other users and we reserve our right to monitor disputes between you and other users. Further, hereby you agree to follow our instructions, without protest or demur, to provide updated service.
  2. Location Information: Depending on your device permissions, if you post an item on our Platform, we automatically collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, Wi-Fi access points and mobile towers. Your location data allows you to see user items near you and helps you in posting items within your location. In case we need your location data, we will first show you a pop-up which will ask you to choose to allow or not to allow us to access your location data. If you do not allow us to have access to your location data, you will still be able to use our Services but with limited functionality. If you do allow us to access your location data you can always change this later by going to the settings on our Website or App our Platform and disable the permissions related to location sharing.
  3. Client and Log data: Technical details, including the Internet Protocol (IP) address of your device, time zone and operating system. We will also store your login information (registration date, date of last password change, date of the last successful login), type and version of your browser.
  4. Clickstream Data: We collect information about your activity on our Platform, which includes the sites from which you accessed our Platform, date and time stamp of each visit, searches you have performed, listings or advertisement banners you clicked, your interaction with such advertisements or listings, duration of your visit and the order in which you visit the content on our Platform.

User Responsibility:

By accessing and using Machinox, you agree and acknowledge the following responsibilities:

  1. Accuracy of Information: Users shall provide true, complete, and updated information during registration, equipment listing, rental requests, or any other interaction on the app/website. Any false or misleading information may lead to suspension or termination of the account.
  2. Compliance with Laws: Users are solely responsible for ensuring that their activities on the platform comply with all applicable local, state, and national laws, including but not limited to GST, labour, safety, and transportation laws.
  3. Ownership and Rights: Users must ensure they have lawful ownership, possession, or authorized rights over the equipment they list for sale or rent. Uploading or offering stolen, encumbered, or restricted items is strictly prohibited.
  4. Proper Use of Equipment: Buyers, lessees, or renters are responsible for using the equipment in a safe, lawful, and professional manner. Any misuse, negligent operation, or use for illegal activities is strictly prohibited.
  5. Payment Obligations: Users shall honour all agreed payments, deposits, rentals, and fees associated with any transaction carried out through the platform. Non-payment, chargebacks, or fraudulent transactions will result in suspension and legal action.
  6. Insurance & Security Deposit: Where applicable, users renting equipment must provide required insurance coverage and security deposit. They are liable for damages, loss, or misuse during the rental period.
  7. Content Standards: Users shall not post or upload content that is false, offensive, defamatory, obscene, infringing intellectual property rights, or violates the rights of others.
  8. Account Security: Users are responsible for maintaining the confidentiality of their login credentials. Any activity carried out through their account shall be deemed their responsibility.
  9. Dispute Resolution: In case of any dispute with another user, the parties shall attempt to resolve the matter directly. Machinox may, at its sole discretion, facilitate communication but is not obligated to intervene or provide any guarantee of resolution.
  10. Liability for Damages: Users are responsible for any damage, theft, or misuse of equipment during their possession and must compensate the rightful owner as per agreed terms
  11. Prohibited Conduct: Users agree not to:
  • Manipulate pricing, listings, or feedback.
  • Engage in fraudulent, misleading, or illegal activities.
  • Interfere with the functioning of the platform through hacking, spamming, or unauthorized access.
  • Circumvent the app to transact outside the platform to avoid service fees.

You will not:

While using Machinox, you agree and undertake not to engage in the following actions:

  1. Illegal Transactions: Post, sell, buy, or rent any equipment that is stolen, counterfeit, illegally acquired, or prohibited under applicable laws.
  2. Misrepresentation:Provide false, misleading, or deceptive information regarding ownership, condition, quality, usage hours, or availability of equipment.
  3. Circumventing the Platform: Attempt to negotiate, transact, or complete a deal outside the app to avoid service charges, commissions, or platform fees.
  4. Posting Prohibited Content: Upload or share content that is obscene, defamatory, abusive, discriminatory, harassing, offensive, or otherwise violates the rights of others.
  5. Intellectual Property Violations: Upload copyrighted images, logos, or content without authorization or infringe upon the intellectual property rights of others.
  6. Equipment Misuse: Rent or purchase equipment for unlawful purposes, hazardous activities, or without the required expertise, licenses, or permits.
  7. Non-Payment or Fraudulent Activity: Engage in chargebacks, fake payments, use stolen financial instruments, or intentionally delay/avoid payment obligations.
  8. Spam & Malicious Activities: Post irrelevant listings, spam other users with unsolicited messages, or upload viruses, malware, or harmful code.
  9. Harassment & Abuse: Threaten, harass, stalk, or abuse other users, vendors, or staff of Machinox.
  10. Multiple Accounts & Identity Fraud: Operate multiple accounts to manipulate pricing, reviews, or reputation, or impersonate another individual/entity.
  11. Violating Community Standards: Engage in any behavior that undermines the trust, safety, and fairness of the platform.
  12. Security Violations:
  • Attempt to hack, disrupt, or interfere with the platform’s functionality.
  • Use bots, scrapers, or automated tools to extract data or manipulate listings.
  • Gain unauthorized access to other user accounts or personal information.

    13. Additionally,

  • abuse, harass, threaten, or intimidate other users of the Machinox Services or disclose personal information about others that could amount to abuse, harassment, threats, or intimidation.
  • post, publish, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for You or Us;
  • publish, post, upload, link to, store, distribute or disseminate nude, partially nude, or sexually suggestive photos or videos;
  • compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
  • incite, promote, or encourage violent, exploitative, racist, discriminatory, socially unacceptable, or irresponsible behavior;
  • reveal, publish any confidential or sensitive information about another person;
  • upload or link to files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or by doing publicity of any third party without having received all necessary consents or are authorized to do so;

     14. Interfere with any other person’s use or enjoyment of the Machinox Services, including

  • creating or submitting unwanted comments to Users;
  • impersonate others or misrepresent your affiliation with a person;
  • promote any activity that is illegal; or
  • use software to harvest information from the  Machinox Services.
  • exploit our Services in impermissible and unlawful manners
  • trouble, harm or impair us or our system.
  • indulge in our System, however, for personal gain, alter, and/or modify, create derivative works from, decompile, or extract code from our Services; (b) transmits, send, or store any kind of viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; or impersonate someone (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) involve in sending any illegal communication (h) sell, resell, rent, or charge for our Services; or (i) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Security of User Account:

You are solely responsible to keep your Machinox Account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Fees, Payment, Cancellation, and Refund Policy:

  1. Users may be required to pay fees for certain services on the app, including but not limited to listing, rental, purchase, logistics, handling, deposits, or promotional features. All applicable fees and charges will be displayed at the time of booking or transaction and may be subject to change from time to time.
  2. Payments must be made through the Machinox’s approved payment methods. Transactions are processed through third-party payment gateways, and users agree to comply with their terms. Payments must be completed in full before availing any service.
  3. Users may cancel transactions or bookings subject to the cancellation terms displayed at the time of booking. Once a service has commenced or a product has been dispatched/delivered, cancellations may not be permitted. The company reserves the right to cancel any transaction in case of fraud, non-availability, policy violations, or technical errors.
  4. Refund eligibility will be clearly specified at the time of transaction. Fees for services already availed or partially used are non-refundable. Refunds, if applicable, will be processed within a reasonable timeframe and may be subject to deductions for charges, damages, or cancellations. The Machinox is not responsible for disputes between buyers and sellers but may, at its discretion, assist in dispute resolution.
  5. All fees and payments are subject to applicable taxes under Indian law.
  6. Any disputes relating to payments, cancellations, or refunds must be raised within the timeline specified in the app. The company’s decision on disputes will be final and binding.

Third-party services:

Integration of Third-Party Services:

Our platform may integrate with or provide access to services operated by third parties, including but not limited to:

  • Payment gateways and financial institutions,
  • Logistics and transportation providers,
  • Insurance service providers,
  • Verification/identity authentication agencies,
  • Cloud hosting and communication platforms.

Independent Relationship: These third-party services are operated independently and are not controlled by MachinOX. We do not endorse, guarantee, or assume responsibility for the availability, accuracy, legality, or quality of such third-party services.

User Responsibility: By using such services, you agree that:

  • Your interactions, payments, or contracts with third parties are solely between you and the third party.
  • You must comply with the terms, policies, and privacy practices of the respective third-party service providers.
  • Machinox shall not be responsible for any loss, damage, delay, or claim arising out of your use of third-party services.

Data Sharing with Third Parties: For the purposeof providing seamless services, we may share limited user data (such as contact details, delivery address, transaction information, or verification documents) with third-party service providers, subject to our Privacy Policy.

No Liability for Third-Party Failures: Machinox shall not be liable for any errors, delays, service disruptions, losses, or damages caused by third-party providers, including failure of payment processing, non-delivery of equipment, insurance claim rejections, or logistical delays.

User Acknowledgment: By continuing to use our platform, you acknowledge and agree that,

  • Any reliance on third-party services is at your own risk.
  • Machinox’s role is limited to facilitating access to such services, without assuming any warranty or liability for them.

You understand and accept that the Third-Party Content or parts of the Third-Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third-Party Content in any way, including by uploading the content to a website, unless expressly permitted to do so by the owner and/or controller of the Third-Party Content.

As a convenience to Users, the Machinox Services may contain links to applications, websites, microsites and other on-line services operated by third parties (a “Third Party Service”) that are not under Our control and are provided to You for Your convenience only. Machinox makes no warranties or representations whatsoever about any Third-Party Service which you may access through the Machinox Services.

Without limiting the foregoing, these Third-Party Services are in no way approved, vetted, checked, or endorsed by Machinox and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice, or statements or for the quality of any products or services available on a Third-Party Service. If You choose to access a Third-Party Service beyond Our control, You do so at Your own risk. In addition, use of a Third-Party Service may be subject to Your acceptance of additional terms and conditions and privacy policies, which will have no impact on the applicability of these Terms of Use.

Dealings with Organizations and Individuals:

You acknowledge and agree that Machinox shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, representatives of our select partners, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Machinox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Machinox is under no obligation to get involved in such dispute. In the event that, you have a dispute with one or more other users, you hereby release Machinox, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in any way related to such disputes and/or our Service

License:

Machinox also grants the User a revocable, single user, worldwide, non-assignable, royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable license, limited license to use the software provided to the User by Us or Our licensors as part of the Machinox Services in accordance with these Terms of Use. The User must not modify, alter, copy or create derivative works based on the Software and must not reverse engineer, decipher, decompile, disassemble, or otherwise attempt to extract the algorithms, source code or other trade secrets contained in the Software.

The license granted is for personal or business use only, limited to the purposes intended by the platform. No ownership or intellectual property rights are transferred to you by virtue of this license. All rights not expressly granted herein are reserved by Machinox

You retain all rights in your User Generated Content provided that You hereby grant Machinox a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable license to store, use, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing and promoting the Machinox Services and Our business in any or all media formats and through any or all media channels.

As against Machinox you hereby waive all moral rights You may otherwise have in Your User Generated Content.

You represent and warrant to Machinox that You have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the license set out herein. In particular, You represent and warrant to Machinox that You own or otherwise are entitled to all necessary Intellectual Property Rights subsisting in Your User Generated Content.

Machinox owns all domains, trademarks, copyrights, logos, trade dress, trade secrets, patents, designs and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

We may provide updates, patches, or new versions of the app from time to time to improve services, security, or functionality. Your continued use of the app after such updates constitutes acceptance of the updated version.

We reserve the right to suspend, revoke, or terminate your license at any time if you breach these Terms or misuse the platform. Upon termination, you must immediately stop using the Machinox Services and delete all copies of the services from your devices.

Reporting third-party trademark, copyright and other intellectual property infringement:

To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. Your MachinOX account may be terminated by us if you repeatedly infringe the intellectual property rights of others.

DISCLAIMERS:

    1. MACHINOX WILL EXERCISES ALL REASONABLE SKILL AND CARE IN PROVIDING THE MACHINOX SERVICES. HOWEVER, WE ARE NOT ABLE TO GUARANTEE AND CANNOT BE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, SUBJECT MATTER OR RELIABILITY OF ANY CONTENT, IN PARTICULAR ANY THIRD-PARTY CONTENT AND USER GENERATED CONTENT. ANY VIEWS EXPRESSED BY USERS WITHIN THEIR USER GENERATED CONTENT IS THEIRS AND NOT THOSE OF MACHINOX. YOU ACKNOWLEDGE AND AGREE THAT MACHINOX DOES NOT ENDSORSE IN ANY WAY ANY USER GENERATED CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT.
    2. MACHINOX DOES NOT WARRANT THAT THE MACHINOX SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THEREFORE, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE MACHINOX SERVICES AND ALL MATERIALS AND INFORMATION PROVIDED BY US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT GUARANTEE OF ANY KIND AND ALL CONDITIONS, STATEMENTS AND WARRANTIES, WHETHER EXPRESS OF IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
    3. WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE MACHINOX SERVICES AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS
      4. OR

      THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. MACHINOX DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE MACHINOX SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST MACHINOX WITH RESPECT TO SUCH CONTENT.

    4. YOU ARE RESPONSIBLE FOR TAKING ANY NECESSARY PRECAUTIONS TO PROTECT YOURSELF AND YOUR DEVICES AND COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.
    5. MACHINOX DOES NOT HAVE ANY OBLIGATION TO VERFY THE IDENTIFY OF THE PERSONS USING THE MACHINOX SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE MACHINOX SERVICES BY OTHER USERS; THEREFORE, WE DISCLAIM ALL LIABILITY FOR INDENTIFY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER GENERATED CONTENT.
    6. WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE MACHINOX APP, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT THE USE OF THE MACHINOX SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOUR USE OF THE MACHINOX SERVICES MAY CAUSE TO YOU, YOUR PROPERTY OR THIRD PARTIES.

SPECIAL DISCLAIMERS:

  1. Loan / Hypothecation Disclaimer
    • The Platform does not verify, confirm, or validate whether any vehicle, machinery, or equipment listed is subject to a loan, lease, hypothecation, lien, pledge, mortgage, or any other form of financial or contractual obligation.
    • The Seller is solely responsible to disclose, at the time of listing, whether the equipment is free from all encumbrances or subject to any financial liability. Failure to disclose such information shall make the Seller fully responsible for any dispute or claim arising out of the transaction.
    • The Buyer is under an obligation to conduct independent due diligence before entering into any transaction. Such due diligence may include, but is not limited to, the following:
      • Obtaining original invoices, registration certificates, and proof of ownership.
      • Verifying whether the equipment/vehicle is financed by any bank or financial institution.
      • Obtaining a No Objection Certificate (NOC) or loan clearance certificate from the financing entity.
    • The Platform shall not be liable for:
      • Any repossession or seizure of the equipment/vehicle by banks, NBFCs, or any financing institution.
      • Any monetary loss, damage, or liability suffered by the Buyer as a result of purchasing encumbered assets.
    • The Seller hereby agrees to indemnify and hold the Platform harmless against all claims, losses, damages, costs, or legal proceedings arising due to non-disclosure or misrepresentation regarding loans or encumbrances.
  2. Robbery / Theft Disclaimer
    • The Platform acts solely as an intermediary for listing and facilitating transactions and does not guarantee the authenticity, ownership, or lawful possession of any equipment/vehicle posted on the Platform.
    • The Seller warrants and represents that:
      • The listed vehicle/machinery is their lawful property, free from theft or criminal investigation.
      • The equipment has not been stolen, unlawfully obtained, or acquired through fraudulent means.
      • The Seller shall be solely responsible in case of any false representation or fraudulent listing.
    • The Buyer is strongly advised to:
      • Verify original ownership documents such as registration certificates, insurance policies, purchase invoices, and tax receipts.
      • Request a police verification or clearance certificate, especially for heavy machinery and vehicles prone to theft.
      • Confirm that the engine and chassis numbers match the official records.
    • The Platform shall not be liable for:
      • Any financial loss, damages, or claims arising due to the purchase of stolen or unlawfully obtained equipment.
      • Any criminal or civil proceedings initiated against the Buyer or Seller in connection with stolen property.
    • In the event that law enforcement or competent authorities identify stolen property listed on the Platform, the Platform reserves the right to:
      • Remove such listings without prior notice.
      • Provide necessary user details and transactional records to law enforcement agencies.
      • Suspend or permanently block the Seller’s account for fraudulent or unlawful activity.
  3. Fraud & Misrepresentation Safeguard
    • The Platform does not act as a guarantor of the quality, ownership, or legitimacy of any listing.
    • All transactions are carried out solely between Buyers and Sellers at their own risk, and the Platform merely facilitates the digital marketplace.
    • Any misrepresentation, fraud, or non-disclosure of facts by the Seller shall not create any liability on the Platform, and the aggrieved Buyer’s sole recourse shall be against the Seller.
    • Both Buyers and Sellers agree that they shall indemnify and hold harmless the Platform, its affiliates, and employees from any claims, suits, actions, losses, or liabilities arising out of disputes relating to loan liabilities, stolen property, fraudulent transactions, or misrepresentation of ownership.

USER WARRANTIES AND INDEMNITY:

  1. You represent and warrant to Machinox that:
    • Your use of the Machinox Services will be in accordance with these Terms of Use and all applicable laws and regulations; and
    • Your use of the Machinox Services will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing to any person by reason of the User Generated Content You post, link to, share or transmit on or through the Machinox Services.
  2. You agree that You shall indemnify and hold harmless Machinox together (including but not limited to) with Our directors, employees, officers, contractors, investors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by Us or any Indemnified Party as a result of any of the following matters:
    • Your Use of the Machinox Services;
    • Your violation of any term of these Terms
    • Your User Generated Content;
    • Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right;
    • Any claim that your Content caused damage to a third party.
    • Your negligence in obtaining the required onsents, approvals, permissions, and non-adherence to applicable laws, before or after listing the product and services on this platform.
    • Any breach by You or anyone acting on Your behalf of these Terms of Use.
    • Your non-adherence to the applicable laws pertaining to your products and services including but not limited to civil and criminal acts, wrongs, deeds etc.,
    • Your negligence in understanding the terms and conditions of third parties/ channel partners/ select entities/partners prior to availing their products or services offered by them to the users through our platform.
This defence and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.

EXCLUSION AND LIMITATION OF LIABILITY:

THE ATTENTION OF USERS IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE WHICH SET OUT THE ENTIRE FINANCIAL LIABILITY OF MACHINOX (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS DIRECTORS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS) TO THE USER IN RESPECT OF:

  • ANY BREACH OF THESE TERMS OF USE;
  • ANY USE MADE BY THE USER OF THE MACHINOX SERVICES OR ANY ASPECT OF THEM; AND
  • ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE MACHINOX SERVICES.

 YOU AGREE THAT MACHINOX SHALL NOT BE LIABLE TO YOU FOR INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR (C) ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND;

DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, MACHINOX SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR ANY OTHER PROPERTY WHEN USING THE MACHINOX SERVICES. THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE MACHINOX SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.

NO SPAM POLICY:

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Machinox email addresses or through Machinox computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time-to-time Machinox may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Machinox email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Machinox computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Termination of Service:

  1. Right to Terminate:
    2. The Company reserves the right to suspend or terminate access to the app, services, or any user account at any time, with or without notice, if:
    • The user violates these Terms & Conditions, Privacy Policy, or any other applicable policy.
    • The user provides false, inaccurate, incomplete, or misleading information.
    • The user engages in unlawful, fraudulent, abusive, or harmful activities.
    • The user misuses the platform, including but not limited to spamming, posting prohibited content, or engaging in unfair practices.
    • Payment obligations are not fulfilled or there are repeated payment disputes.
    • There are legal, regulatory, or security reasons requiring suspension or termination.
     
  2. User’s Right to Terminate:
    • Users may terminate their account at any time by following the instructions provided in the app.
    • Upon voluntary termination, users remain responsible for all pending payments, charges, and liabilities incurred before termination.
     
  3. Effect of Termination:
    • Upon termination, the user’s right to access or use the app and services will immediately cease.
    • Any content, listings, or information uploaded by the user may be removed, archived, or retained by the Company as per applicable laws.
    • Security deposits or pending refunds, if any, will be processed in accordance with the Refund Policy, subject to deductions for damages, outstanding payments, or policy violations.
    • The Company shall not be liable to the user or any third party for suspension, termination, or deletion of account.
     
  4. Survival of Terms:
    • Certain provisions of these Terms & Conditions, including but not limited to Intellectual Property Rights, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law, shall survive termination.
    • Terminated accounts may only be reactivated at the sole discretion of the Company, subject to a review and compliance with all policies.

Availability of Services:

We intend to provide best of services to our User. However, we reserve our right to discontinue some of or all of our services due to interruptions for safety upgrades, maintenance, system failures, for its repairs or we may discontinue certain features and/or supporting system of certain features, devices, platform at any time. We may discontinue services if situation compels us or which may beyond our control in force majeure events.

You shall be entitled to discontinue our services and/or cancel your registration with Machinox service at any time.

The Machinox, on your request shall terminate its services and shall erase all contents generated by you or lying in your account with Machinox, without further reference.

Thereafter Machinox will not allow you to have access unauthorizely to Machinox Services.

Privacy:

We will only use any personal information that We may collect about You in accordance with Our privacy policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our privacy policy.

Severability 

If any provision of these Terms to Use is found to be invalid,   illegal, or unenforceable under applicable law, such provision shall be deemed to be modified to the extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity, legality, or enforceability of the other provisions of these Terms & Conditions.

Dispute resolution / Applicable Law & Jurisdiction:

    1. These Terms to Use, Privacy Policy, and all other policies of the Company shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
    2. These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and Machinox and govern your use of the Services and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between you and Machinox, whether written or oral.
    3. In the event of any dispute, difference, or claim arising out of or in connection with the use of the app, services, or these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations within 30 (thirty) days from the date of written notice of the dispute.
    4. If the dispute is not resolved amicably, the matter shall be referred to mediation under the applicable provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
    5. If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
      • The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties.
      • The seat and venue of arbitration shall be in Pune, Maharashtra, India.
      • The proceedings shall be conducted in the English language.
    6. The arbitral award shall be final and binding on the parties.
    7. Subject to the arbitration clause above, the courts at Pune, India have exclusive jurisdiction in respect of all disputes arising out of or in connection with the use of the app or services.
    8. If any provision or provisions of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. These Terms shall inure to the benefit of and be binding upon the successors and assigns of both you and Machinox.
    9. To resolve any dispute, claim, objection (except Excluded Disputes) we and you have to commence an arbitration proceeding within one year after the Dispute, claim, objection first arose. Subsequent Dispute, claim, objection is permanently barred because it was started too late.

Users agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

Others:

    • This agreement between you and us supersede all prior agreements and the terms and conditions mentioned herein shall always prevail over all other prior agreements. Unless specifically admitted by us your claims and/or objections shall not be construed as admitted by Machinox.
    • In future, the Machinox have sole discretion to amend, alter, modify, delete any terms mentioned herein without prior consent of you and without further notice to you as the said services provided by us or our associated business partners. However, by notification we may ask you to accept such changes.
    • The distribution of our services if violates local law or would be subject of any regulations of the state where user is residing or using our services then in such circumstances, we reserve our right to limit or services.
    • You will comply with all appropriate laws. Users, in any case without prior permission shall not involve themselves, directly or indirectly or through Attorney, Managers, Trustee, Employee, Successors and/or legal representative as defined by law time to time in any activity for personal or commercial gain or business purpose make available, or otherwise transfer our Services:
    • For Machinox Services, we have written Terms of Use in English, if there is any translated version it is provided solely for your convenience. If, to the extent, any translated version of our Terms of Use conflicts with the English version, the English version supersedes.
    • Any waiver, change, modify or amendment of our Terms of Use requires our express consent.
    • As per need we may amend or update these Terms to Use and for which we will provide you notice to Updates to our Term of Use long with “Last Modified” date at the top of the terms. It is suggested to review our Term of use regularly. Your use of services acknowledges our Term to Use, as amended. You must stop using our services if you do not agree to our Terms of Use, as amended.
    • As all our rights and responsibility, obligations under these Terms of Use policy is freely assignable by us to our associates, affiliates or any connection due to merger, acquisition, sale of asset, restructuring or by operation of law or otherwise and we may also transfer your information to any our associates, affiliates, new owners or entities.
    • Without our prior written consent, which is obtained without any coercion, you shall not transfer any of your rights or obligation to anyone else under our Terms to Use.
    • We will comply by Law and nothing in our Terms of Use will prevent us from doing so.
    • We have constrained to give any third-party beneficiary rights, unless and until it is contemplated herein.
    • It will not be consider as Waiver of our rights if we fail to enforce any of our Teams.
    • We reserve all our rights which are not expressly mentioned/granted by us to you.
    • You may have legal rights as a Consumer in certain jurisdictions and our Terms of Use are not intended to limit such consumer legal rights that may not be waived by contract.
    • Your suggestion and feedback will always be appreciable to improve out service in constructive manner. However the Machinox reserve sole discretion to incorporate your suggestion and feedback in this agreement without compensating you or by paying royalty/honorarium to you.

By accessing, registering, or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, along with our Privacy Policy and any other applicable policies. These Terms constitute a legally binding agreement between you and the Company.

If you have any questions or concerns regarding these Terms, you may contact us at:

Company Name : Machcrew Solution

Email address : info@machinox.in

Phone no. : 9011050363

Address : Machcrew Solution

GST No. 27AANPW1345B1ZO

Floor No.: 02

Building No./Flat No.: Flat No.204

Name Of Premises/Building: Gyan Ganga Society Wing A

Road/Street: Shivraj Colony Road

Nearby Landmark: Orange County Group

Locality/Sub Locality: Rahatni

City/Town/Village: Primpri Chinchwad

District: Pune

State: Maharashtra

PIN CODE: 411017