Terms of Use

These Terms of Use (“Terms”) is an electronic record published pursuant to and in compliance with:

(i)

The Digital Personal Data Protection Act, 2023 (“DPDP Act”);

(ii)

The Digital Personal Data Protection Rules, 2025 (“DPDP Rules”);

(iii)

Section 43A of the Information Technology Act, 2000 (“IT Act”);

(iv)

The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules, 2011 (“SPDI Rules”);

(v)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”); and

(vi)

Any other applicable laws and rules read thereunder (present or future) or any statutory amendment
or re-enactment thereof for the time being in force.

All of the above shall collectively be referred to as “Applicable Laws”.

INTRODUCTION:

1.1

These Terms outline the guidelines governing the collection, storage, processing, use, disclosure and handling of Personal Data (as defined below), ensuring that Users understand their privacy rights and responsibilities when accessing & using our website at https://www.mainirentals.com/ (“Website”) (the “Platform”), in order to avail our Services (as defined below) either directly or via the Platform.
The Platform is owned and operated by Maini Rental Solutions LLP (“LLP”), a limited liability partnership, forming part of the Maini Group, incorporated under the laws of India, having its registered office at No. 38, Maini Sadan, 7th Cross, Lavelle Road, Mahatma Gandhi Road, Bangalore, Bangalore North, Karnataka, India, 560001.

1.2

For the purpose of these Terms, wherever the context requires, any reference to the words “LLP”, “we”, “our” or “us” shall mean and include our affiliates and permitted assigns and any reference to the words “you”, “yours”, “yourself”, “yourselves” or “User(s)” shall mean and include any individual accessing and/or using the Platform and in the case of an entity or business, then such authorised representative of the entity or business who is accessing and/or using the Platform.

1.3

In accessing and/or using the Platform (which shall include, but not be limited to, any Content, materials, information, documents, services, videos, images, advice, instructions available on the Platform) you are deemed to have fully and unconditionally accepted these Terms listed below or as may be revised from time to time at our sole discretion and in accordance with Applicable Laws, and you understand and agree that you are bound by these Terms in relation to accessing and/or using this Platform and shall not include any third-party products/services that may be available to you through the use of the Platform.

1.4

These Terms incorporate the LLP’s standard policies, procedures, and terms and conditions for use of the Platform, including: (i) these Terms applicable to Users of the Platform, (ii) Privacy Policy and any other policies of the LLP as may be referenced by name or by links in these Terms or otherwise detailed in the Platform, as may be updated from time to time. In case of any discrepancy between these Terms and any other policy with respect to the Platform, the provisions of these Terms shall prevail.

1.5

By accessing or using the Platform and/or related Services or by clicking “accept” or “agree” to these Terms, (i) you acknowledge that you have read, understand, and agree to be bound by these Terms and (ii) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Platform.

1.6

We reserve the right to update these Terms from time to time at our sole discretion and shall inform you of such change by a communication through email and/or by publishing a notification on the Platform regarding such change. It is important that you look through the updated Terms since your continued access and/or usage of the Platform will be considered as a deemed unconditional acceptance of our updated Terms. If you do not agree with these Terms or any modified version of these Terms, you must immediately cease use of the Platform, refrain from availing the Services or terminate your use of the Platform and related Services, in which case you will no longer have access to Services. Except as otherwise expressly stated by the LLP, any use of the Services provided by the LLP on the Platform is subject to the version of the Terms in effect at the time of use.

DEFINITIONS:

2.1

“Confidential Information” means all non-public information provided by one party or its authorised representatives to the other (however recorded or preserved), whether oral, written or digital, that is either explicitly marked or identified as confidential or which, by its nature, should reasonably be understood by the receiving party to be confidential. This includes but is not limited to proprietary information, User Data, business plans, financial information, strategies and any other data related to the Services or operations of the LLP and the Platform. Confidential Information shall not include any information that –

is or becomes generally available to the public (other than as a result of its disclosure by the receiving party;
was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
was, is or becomes available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
is independently developed by a party without use of or reference to any Confidential Information;
information disclosure of which is mandated under Applicable Laws; or
the parties agree mutually in writing is not confidential or may otherwise be disclosed.

2.2

“Personal Data” means any data about an individual (“Data Principal”, which shall be taken to mean and include references to a “Data Subject” and vice versa) who is directly or indirectly identifiable, as defined under the DPDP Act and includes any information that can be used to identify said individual. This may include information such as a User’s name, contact information and other such information as may be voluntarily disclosed by you while using the Platform.

2.3

“Services” means any services rendered by the LLP either directly or through your use of the Platform; the precise scope of which is set out under Clause 3 below.

2.4

“User Data” means any data, content, materials, personal information (including but not limited to Personal Data), input or entries uploaded, created or transmitted by the User on or through the Platform or any content generated in relation to the Services provided by Platform; the precise scope of which is set out under Clause 4 below.

SERVICES:

3.1

The LLP is engaged in the business of tailored rental & leasing solutions for material & people handling equipment and certified operators. Accordingly, the Platform enables interested Users to:

contact the LLP and request information, demonstrations, presentations and quotes for its Services;
review the product and industry specific information provided by the LLP pertaining to its business, products and related Services; and
reach out to the LLP in connection with any of the above features – subject to the collection of relevant data from Users in accordance with these Terms, the Privacy Policy and Applicable Laws.

3.2

For the purpose of providing Services as described in Clause 3.1 above, you may be required to share certain information with us, including but not limited to (i) your first and last name (in case of an individual), (ii) company / entity name, (iii) email address(es), (iv) contact number(s), (v) website link(s), (vi) purpose of contacting us, (vii) any miscellaneous information voluntarily provided or generated by you in our contact forms such as remarks, feedback, queries and responses, and (viii) additional information that may be collected in connection with our Services through the Platform, interactions with our authorised representatives / customer service personnel and, when applicable, participation through surveys or marketing promotions that we may offer through the Platform from time to time.

It shall be and remain your sole responsibility to bring any incorrect information entered on the Platform to our attention at the earliest.

3.3

We may also contact you by phone, email or other such means as may be intimated on the Platform to update you on the Services requested or in case of any changes with respect to Services being provided. It is clarified that the LLP reserves the right to terminate the Services or any Service contact requests by the User, in the event the User cannot be reached through the means of communication described above, based on information provided by the User, at the time when we wish to reach out to you with respect to the Services requested/availed.

USER DATA:

4.1

“User Data” shall mean and include any data, details or content you provide to the LLP through the Platform to avail of the Services, whether directly provided by you or submitted via email or other means. Such User Data may include the information referred to under Clause 2.4 above and any other information required to facilitate the provision of Services through the Platform. We will collect, process, store, transfer and protect your User Data in accordance with our Privacy Policy, ensuring compliance with all relevant Applicable Laws.

4.2

By using the Platform, you agree to the following obligations:

To provide true, accurate, current and complete information about yourself when contacting the LLP through the Platform or at any other time while using the Services;
To promptly update the LLP if any User Data you have provided changes, becomes inaccurate, incomplete or outdated, ensuring the accuracy and completeness of your information;
To comply with all Applicable Laws, regulations and guidelines when using the Platform and Services;
To ensure that all User Data you provide is authentic and truthful; and
To use your best judgment in accessing and utilizing the Services available on the Platform.

4.3

If the information you provide is found to be untrue, inaccurate, incomplete or outdated or if we have reasonable grounds to believe that your information is not in compliance with these Terms, the LLP reserves the right, at its sole discretion, to suspend or terminate your access to the Platform. We may also refuse to provide further Services. The LLP has the right to validate and verify the User Data you provide and if any inconsistencies are found, we may restrict or revoke your access to the Platform and Services without any prior intimation whatsoever.

ACCURACY OF CONTENT:

5.1

We have taken every care in the preparation of the Content of this Platform, in particular to ensure that information reflected therein is correct at time of publishing and the Services offered have been accurately described. To the extent permitted by Applicable Laws, the LLP disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Platform. The LLP shall not be liable to any person for any direct, indirect, incidental or consequential loss or damage or loss of revenue or business profits, however caused and even if advised on the possibility of such damages, which may arise from the use of any of the information contained in any of the materials on the Platform.

5.2

The LLP reserves the right, at its sole discretion, to review, modify, remove or discontinue any Content, features, job listings, or functionality of the Platform at any time, with or without notice. The LLP makes no commitment, express or implied, to maintain, continue or update any aspect of the Content or Services. The User acknowledges and agrees that the LLP shall not be held liable for any modification, suspension or discontinuation of Content or Services offered through the Platform.

ACCESS AND USE OF THE PLATFORM:

6.1

Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. The Platform and Services are intended for individuals who are eighteen (18) years of age or older. If the User is under the age of eighteen (18) years (a “Minor”), the User must obtain consent from a parent or legal guardian to use the Services offered on the Platform. By accessing or using the Platform, Users represent and warrant that they are at least eighteen (18) years of age or have obtained the consent of a parent or legal guardian. The User and the parent/legal guardian jointly acknowledge and accept responsibility for all actions and activities of the Minor in connection with the use of the Platform. The LLP shall not be held liable for any actions or consequences arising from the Minor’s use of the Platform and all liability related to such use shall rest with the parent or legal guardian.

6.2

Users represent and warrant that any data, content or Personal Data, including User Data, provided on or through the Platform, whether by them or an administrator on their behalf, is done with full authority and consent. The User ensures that they have the right to provide such data and grant the LLP permission to use, process and store it in accordance with the Privacy Policy and Applicable Laws. The LLP assumes no responsibility for any issues that may arise from Users’ failure to obtain proper consent for the provision of such data.

6.3

The LLP strives to ensure that the Platform is accessible to persons with disabilities in accordance with applicable accessibility standards. If a User encounters accessibility barriers while using the Platform, they may contact the LLP for assistance or reasonable accommodation.

USAGE RESTRICTIONS AND WEBSITE SECURITY:

7.1

You agree not to engage in any activities that violate these Terms, Applicable Laws or widely accepted ethical standards. In pursuance thereof, you agree and confirm that you shall not use the Platform for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Reverse-engineering, hacking, disassembling, decompiling or attempting to gain unauthorized access to information not belonging to you or which is not intended for you, to other user accounts, passwords or computer systems connected to or accessible through the Platform;
Creating a false identity, impersonating others, engaging in phishing activities or manipulating data to mislead or deceive other Users or the LLP;
Interfering with any other person’s use or enjoyment of the Platform;
Interfering with, damaging or disrupting the integrity or functionality of the Platform, any third-party networks connected to the Platform or compromising the security, privacy and performance of the Platform, including submitting content or data that may contain viruses or other harmful components;
Infringing any intellectual property rights vested or deemed to be vested in us, including but not limited to copyrights, trademarks etc., through the unauthorized distribution, sale, copy, modification, adaption or transmission of protected materials or Content on the Platform;
Using the Platform to violate the legal rights of others, otherwise than as already described above, including laws requiring consent before transmitting or collecting data;
Allowing or encouraging any third party to engage in the activities described above; and
Breaching any Applicable Laws.

7.2

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:

Accessing data not intended for you or logging onto a server which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other User, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding’, ‘spamming’, ‘mail bombing’ or ‘crashing’; or
Sending unsolicited communications, including promotions and/or advertising of products or services.

7.3

Users may report any violations of these Terms at info@mainirentals.com

7.4

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. The LLP reserves its right to prohibit any such activity.

7.5

User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

7.6

User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other User, including any account on the Platform not owned by the User, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform.

7.7

User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the LLP or the brand name or domain name used by the LLP, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the LLP or otherwise tarnish or dilute any of the LLP’s trade or service marks, trade name and / or goodwill associated with such trade or service marks, trade name as may be owned or used by the LLP. User agrees that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the LLP’s systems or networks, or any systems or networks connected to or maintained by the LLP.

7.8

User may not use the Platform or any Content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the LLP and / or others.

7.9

User shall at all times ensure full compliance with the provisions of Applicable Laws, as amended from time to time, and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax / VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding the User’s use of Services and User’s solicitation of offers to obtain services.

7.10

It shall be a violation of these Terms to use any information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, to another person other than the LLP without its prior explicit consent.

7.11

The User understands that the LLP has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the LLP can (and the user hereby expressly authorizes the LLP to) disclose any information about the user to law enforcement or other government officials in accordance with Applicable Laws, or any other law as the LLP, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

7.12

The User acknowledges that the LLP is required to report cyber security incidents-related information with the appropriate authority and relevant data in connection therewith; which report may include Personal Data of the Users and their activities on the Platform.

7.13

User’s correspondence or business dealings with, or participation in promotions of, advertisers that may be found on or through the Platform at any given point of time, including payment and delivery of related products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The LLP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

7.14

The User acknowledges that the role of the LLP is limited to providing access to the Platform, over which information is made available by third parties. The LLP does not initiate the transmission of such information neither does it select the receiver or modify the information contained in such information.

7.15

Any software that is available on the Platform or generally created by the LLP for the purposes of provision of Services is the property of the LLP or its licensors / vendors and the Users may not use, download or install any software available at the Platform, unless otherwise expressly permitted by these Terms or by the express written consent of the LLP.

7.16

The LLP will not be party to any legal proceedings between Users. In case the LLP is implicated in any legal proceedings, costs will be recovered from the party(ies) that names the LLP; however, the LLP will abide with any court order served on it through due process. Violations of system or network security may result in civil or criminal liability under Applicable Laws. We will investigate occurrences that may involve such violations at our sole discretion and to the fullest extent of the law and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third-party web browsers.

7.17

In case a person using the world wide web or internet services receives spam or a virus which includes a link to our Website or to any other site or address maintained, operated or owned by the LLP, it will not be held responsible for the same. The LLP assumes no responsibility for such communications, however made.

USER RIGHTS AND OBLIGATIONS:

8.1

You are solely responsible for complying with all Applicable Laws, regulations and guidelines while using the Platform or accessing the Services. You agree not to engage in any illegal, fraudulent, harmful or unethical activities while using the Platform or Services, including but not limited to the activities set out under Clause 7 above.

8.2

You are fully responsible for maintaining the confidentiality and security of your information, including your email address, password, phone number, technical information on your mobile device and any other device used to access the Platform. You will bear full responsibility for any unauthorized use or activities conducted through the Platform, whether authorized by you or not. The LLP will not be held liable for any losses or damages resulting from such unauthorized use.

8.3

You acknowledge that you will be held liable for any loss or damages incurred by the LLP due to a security breach or unauthorized access that can be attributed to your actions or negligence.

8.4

By using the Platform, you agree that the LLP may process and act upon any requests made through the Platform by you or your authorised representatives. You acknowledge that such actions will be deemed valid and binding as if made by you personally.

8.5

Users may report suspected misuse, harassment, discrimination, or fraudulent activity on the Platform to the LLP through designated reporting channels.

8.6

The LLP may process User Data or personnel information as necessary to provide the Services available on the Platform in accordance with the Privacy Policy, these Terms and in compliance with Applicable Laws.

8.7

The User shall retain full ownership of their User Data. However, by using the Platform, the User grants the LLP a non-exclusive, royalty-free license to use, process and transfer the User Data solely for the purpose of providing the Services offered through the Platform.

8.8

The LLP is not responsible for the manner in which the User utilizes the Platform or the Services. The User agrees to use the Platform and Services in full compliance with Applicable Laws and regulations and to ensure their use is consistent with these Terms. The User is solely responsible for any consequences that arise from their unlawful or unauthorized use of the Platform.

8.9

The LLP may from time to time introduce updates, modifications, improvements or enhancements to the Platform to improve functionality, accessibility or security. The LLP shall not be responsible for notifying the User of any software upgrades, fixes or enhancements to the Platform. Additionally, the LLP is not liable for any data compromises, including User Data, that occur due to the transmission of data across computer networks or telecommunications facilities (such as the internet) that are not owned or controlled by the LLP.

8.10

The User agrees to use the Platform exclusively for legitimate purposes, ensuring that their activities are lawful, do not violate these Terms and do not harm the LLP’s commercial or legal interests. The User is also responsible for preventing unauthorized access to the Platform by third-parties and shall ensure that their agents and representatives comply with these obligations.

ELECTRONIC COMMUNICATIONS:

9.1

By accessing the Platform, communicating with the LLP via email and / or by signing up for our newsletter, you are communicating with us electronically. As such, you consent to receive electronic communications from us. This includes but is not limited to notices, agreements, updates and other information related to your use of the Platform and Services. You acknowledge that all such communications will satisfy any legal requirement that such communications be in writing. The LLP may communicate with you via email or by posting notices on the Platform, depending on the nature of the communication. You agree to promptly review any communications from the LLP to ensure that you are aware of any important updates or changes that may impact your use of the Platform and Services.

10.

OWNERSHIP OF CONTENT:

10.1

We, our affiliates, suppliers and licensors expressly reserve all rights, title and interest (including, but not limited to, intellectual property rights) in all materials, including images, text, technology, content, products, processed, software codes, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the “Content”). Access to this Platform, and acceptance of these Terms, shall not be considered as transferring/assigning any license or title to the Platform, its Content or to any third party’s intellectual property rights. All rights, including intellectual property rights, in this Platform are and shall remain under the exclusive ownership of the LLP and its licensors, to the extent permissible and in accordance with Applicable Laws. Any use of this Platform or its Content, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the prior written permission of the LLP. You may not modify, distribute or re-post anything on this Platform for any purpose.

10.2

All intellectual property rights in and to the Platform and its Content, including but not limited to copyrights, trademarks, word marks, design marks, names, logos, product and Service names, slogans and all related marks, existing presently or in the future, are solely and rightfully owned, operated and controlled by the LLP. All other marks are the exclusive property of their respective owners and licensors. No assignment, transfer or license in respect of any right, title or interest in the Platform or its Content is granted by virtue of access to or use of the Platform, and no User or third party is authorised to use any name, logo, mark, data, code or Content of this Platform for any commercial or other purpose in contravention of applicable intellectual property laws. Any licenses that may exist pertaining to the ownership or use of the Platform and its Content exclusively belong to the LLP.

10.3

References in this Platform to any names, marks, products or services of third-parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of any third-party, information, product or service.

10.4

We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.

10.5

The Content of this Platform are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Platform for your personal use only, subject to the limitation set out under Clause 4.2 above in respect of proprietary Confidential Information. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as provided for under these Terms, you may not reproduce, publish, transmit, distribute, display, perform, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Platform or any related software is strictly prohibited, except with our prior written permission. All software used on this Platform is the exclusive property of the LLP, its affiliates, licensors and suppliers (as the case may be) and are protected by applicable intellectual property laws. Unless otherwise noted, all Content comprises of copyrights, trademarks and / or other intellectual property owned, controlled or licensed by us or by third-parties who have licensed their materials to us. The compilation (meaning the collection, arrangement, and assembly) of the Content of this Platform is our exclusive property and is also protected by applicable intellectual property laws.

10.6

Nothing in this Platform shall mean or imply that any right, title or interest in and to any intellectual property belonging to us shall stand transferred or conveyed to you in any manner or to any extent whatsoever.

10.7

If you come across any abuse or violation of these Terms, insofar as they related to infringement of protected Contents of the Platform, please report the same to info@mainirentals.com

11.

OBJECTIONABLE MATERIAL:

11.1

You understand and acknowledge that by using the Platform or any Services provided on the Platform, you may encounter Content that may be deemed by some to be offensive, indecent or otherwise objectionable, which Content may or may not be identified as such. By accepting these Terms, you agree to use the Platform and any Service at your own risk and that to the fullest extent permitted under Applicable Law, we shall have no liability to you for the Content of the Platform that may be deemed to be offensive, indecent or objectionable to you.

12.

INDEMNITY:

12.1

You agree to defend, indemnify and hold harmless the LLP, its employees, directors, officers, agents, affiliates and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees incurred by us, arising directly or indirectly as a result of:

your use of this Platform and its Content resulting in any loss or liability to us or any third-party;
breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms;
breach of the confidentiality obligations set out under these Terms;
your violation of any Applicable Laws and rules made thereunder, as may be amended from time to time, including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity; and
any breach or infringement by you of any intellectual property rights or proprietary rights of the LLP, its licensors or any other third party.

12.2

This Clause shall survive the expiry or termination of these Terms.

13.

LIMITATION OF LIABILITY AND DISCLAIMERS:

13.1

By accepting these Terms, and by using the Platform, you agree and confirm that the Platform and its Content are provided without any warranties or guarantees and on an “as is” & “as available” basis. You must bear all risks associated with the use of the Platform and the use of the Services provided therein. To the extent permitted by law, we hereby disclaim implied warranties including any warranty that the Platform is or will be merchantable, of satisfactory quality, accurate, timely, fir for a particular purpose or need, or non-infringing. We do not guarantee that this Platform or its Content will meet your requirements, is error free, reliable, or will operate without interruptions.

13.2

The Platform may contain content from other third-party links or internet sites or resources and while we try to ensure that material included on the Platform is correct, reputable and of high quality, you agree and confirm that we are not and shall not be held responsible if this is not the case. You further agree that we will not be held responsible for any errors, omissions damages or loss arising from the use of such content or for any technical problems you may experience with the Platform.

13.3

This disclaimer constitutes an essential part of these Terms. To the fullest extent permitted under law, neither we nor our licensors or suppliers shall be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, our Services or these Terms, even if advised on the possibility of such damages.

13.4

Without prejudice to the generality of the Clauses above, our total liability to you for all liabilities arising out of these Terms be it in tort or contract is limited to the value of the Services availed by you. We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted.

13.5

You agree and acknowledge that the LLP assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Platform; and / or any interruption or errors in the operation of the Platform and / or in connection with any third-party links.

13.6

The LLP will not be held liable for loss of any information, including Personal and User Data, or particulars supplied by Users or towards provision of any Platform and / or related Services, due to acts of God as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the LLP’s reasonable control including, but not limited to, strikes, pandemics, epidemics, lockdowns, riots, civil unrest, government. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.

14.

TERMINATION:

14.1

These Terms are effective unless and until terminated by either you or by the LLP in the manner set out under this Clause.

14.2

You may terminate these Terms at any time by informing us in writing by sending an email to info@mainirentals.com with the subject line ‘Termination of Terms of Use’ or by calling us at +91 8792801389 and stating that you no longer wish to be associated with this Platform, provided that you discontinue any further use of this Platform and all Services connected therewith completely and with immediate effect.

14.3

Without limiting the foregoing, the LLP shall have the right to immediately terminate or otherwise restrict usage rights of the Platform in the event of any conduct by you, which the LLP, in its sole discretion, considers to be unacceptable or is in contravention of these Terms. The LLP shall periodically inform you of the above stipulation by a communication through email and / or by publishing a notification on the Platform. Specifically, such termination may occur if you:

Materially breach any provision of these Terms;
Provide inaccurate, fraudulent outdated or incomplete information while interacting with the features and functionalities on the Platform or with the LLP;
Violate any Applicable Laws or any rights connected thereto or arising therefrom;
Engage in any activity requiring the LLP, in good faith, to terminate these Terms in order to protect the safety, security or property of other Users, the LLP itself or third parties –including for the sake of fraud prevention, risk mitigation, investigations, inspections or inquiries.

14.4

We may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Platform, at our sole discretion. Such termination will be without any liability to us.

14.5

Upon termination of these Terms by either you or us, you must promptly destroy all Content downloaded or otherwise obtained from this Platform, as well as all copies of such Content, whether made under these Terms or otherwise.

14.6

Notwithstanding any other provision of these Terms, or any general legal principles to the contrary, any section or Clause of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

15.

DATA PRIVACY AND PROTECTION:

15.1

The LLP is committed to protecting your privacy. User Data may be collected by us in the manner set out in these Terms in order to allow us to effectively render Services offered through the Platform. We do not sell, share or rent User Data to third parties for their marketing purposes without your explicit consent, and in accordance with the Privacy Policy. We understand clearly that you and the User Data provided is one of our most important assets. We store and process User Data on secure systems located in India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use the Platform or the Services therein.

15.2

For more information concerning how we utilise information entered on the Platform on the LLP’s comprehensive data protection and privacy practices, please refer to our Privacy Policy as published on our Platform here https://www.mainirentals.com/

16.

MISCELLANEOUS:

16.1

Entire Agreement: Unless otherwise specified herein, these Terms along with our Privacy Policy and Accessibility Statement constitute the entire agreement between you and us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform, its Content and our Services. Our failure or delay to act with respect to a breach by you or a third party acting on your behalf does not waive our right to act with respect to such breach or any subsequent or similar breaches.

16.2

Relationship: The relationship between the User and the LLP is an independent relationship and these Terms shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the User and the LLP.

16.3

Severability: If any part of these Terms is determined to be invalid or unenforceable pursuant to Applicable Laws including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

16.4

Technical Requirements: Use of the Services and the Platform require internet access through your computer, smartphone or other access devices. You are solely responsible for all network, mobile carrier, data or text message charges resulting from your use of the Platform and related Services, including from any communications by us in relation to the Services or the Platform.

16.5

Assignment: These Terms, and the rights granted and obligations undertaken hereunder, may not be transferred, assigned, or delegated in any manner by Users, but may be freely transferred, assigned, or delegated by the LLP at any given point of time, at its sole discretion and without requiring any prior notice or consent from you.

16.6

Waiver: Any waiver of any provision of these Terms, or a delay by either you or us in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other breaches of the same kind or other provisions of these Terms.

16.7

Grievance Officer: In compliance with Applicable Laws, the LLP has designated a Grievance Officer for addressing grievances and discrepancies raised by users who have provided their information through the Platform. The contact details for our Grievance Officer are as follows:

Name: Rakesh Tripathy
Designation: Business Head
Address: 603/604, 6th Floor, Devatha Plaza, Residency Road, Bangalore 560004
Phone: + 91
Email: info@mainirentals.com
Contact Timings: 11am to 6pm, Monday to Friday

Please direct any concerns regarding the misuse or violation of these Terms to the Grievance Officer through the contact details provided above. The LLP shall make all efforts to acknowledge your grievance within forty-eight (48) hours of receipt and to address the same within thirty (30) days of acknowledgement.

16.8

Modification of the Platform and related Services: The LLP reserves the right, in its sole discretion, to modify the Platform and related Services from time to time and without prior notice, including, without limitation, by removing, adding, or modifying portions of the Services or the features & functionalities available on the Platform. The LLP shall bear no liability towards you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Platform and the Services thereunder. Continued use of the Platform and related Services following any such changes shall indicate your deemed acknowledgment of such changes and satisfaction with the modified Platform and Services.

16.9

Modification of the Terms: We may at any time, and at our discretion, modify these Terms. Subsequent to any modification of these Terms, we will inform you of the modifications by publishing a notification on the Platform regarding the modified Terms. You can access the latest version of the Terms at any given time on the Platform. We strongly encourage you to regularly review the Terms on the Platform. In the event the modified Terms are not acceptable to you, you should discontinue using the Platform. However, if you continue to use the Platform or the Services made available by us then you shall be deemed to have agreed to accept and abide by the modified Terms.

16.10

Governing Law: The provisions of these Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation, shall be governed and construed in accordance with the laws of India.

16.11

Dispute Resolution: Any disputes, differences and claims regarding or arising out of these Terms, or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

BY USING THE PLATFORM AND SERVICES PROVIDED BY THE LLP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUSIVE OF ALL TERMS, CONDITIONS AND PROVISIONS SET OUT ABOVE.

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