Except as expressly set out in this Agreement or as permitted by the laws in force in the Republic of India, You agree:

• not to copy the PiRentz App or Services except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the PiRentz App or any documents shared by Us with You during the performance of this Agreement (hereinafter referred to as “Documents”);
• not to make alterations to, or modifications of, or translations of the whole or any part of the PiRentz App, or permit the PiRentz App or any part thereof to be combined with, or become incorporated in, any other programs;
• not to remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the PiRentz App, including any copy thereof;
• not to rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the PiRentz App or any features or functionality of the PiRentz App, to any third party for any reason, including by making the PiRentz App available on a network where it is capable of being accessed by more than one device at any time;
• not to remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the PiRentz App;
• not to disassemble, decompile, decode, reverse-engineer or create derivative works based on the whole or any part of the PiRentz App or otherwise attempt to derive or gain access to the source code of the PiRentz App or any part thereof or attempt to do any such thing except to the extent that (by virtue of provisions under the Copyright Act, 1957), such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the PiRentz App with another software program, provided that the information obtained by You during such activities: combined with, or become incorporated in, any other programs:
  • is used only for the purpose of achieving inter-operability of the PiRentz App with another software program;
  • is not unnecessarily disclosed or communicated without Our prior written consent to any third party; and
  • is not used to create any software that is substantially similar to the PiRentz App;
• to keep all copies of the PiRentz App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the PiRentz App;
• to include Our copyright notice on all entire and partial copies You make of the PiRentz App on any medium;
• not to provide or otherwise make available the PiRentz App in whole or in part (including object and source code), in any form to any person without prior written consent from Us; and,
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the PiRentz App or any Service (hereinafter referred to as “Technology”).

4. Acceptable Use Restriction

It is hereby undertaken and agreed to by You to:

• not use the PiRentz App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PiRentz App, any Service or any operating system;
• not infringe Our intellectual property rights or those of any third party in relation to Your use of the PiRentz App or any Service (to the extent that such use is not licensed by this Agreement);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the PiRentz App or any Service;
• not use the PiRentz App or any Service in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
• Not collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.

5. Intellectual Property Rights

• You acknowledge that all intellectual property rights in the PiRentz App, the Documents and the Technology anywhere in the world belong to Us, the Licensor, and that rights in the PiRentz App are licensed (not sold) to You, and that You have no rights in, or to, the PiRentz App, the Documents or the Technology, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, other than the right to use each of them in accordance with the terms of this Agreement.
• You acknowledge that You have no right to have access to the PiRentz App in its source-code form.

6. Warranty

• You expressly acknowledge and agree that use of the PiRentz App and any Documents and Services provided is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
• To the maximum extent permitted by applicable law, the PiRentz App and any Documents and Services are provided as is and as available, with all faults and without warranty of any kind, and We hereby disclaim all warranties and conditions with respect to the PiRentz App and any Documents and Services, either express, implied or statutory, including but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with Your enjoyment of the PiRentz App or Documents, that the functions contained in the PiRentz App or Services will meet Your requirements, that the operation of the PiRentz App or Services will be uninterrupted or error-free, or that defects in the PiRentz App or Services will be corrected. No oral or written information or advice given by Us or Our authorized representative shall create any warranty and in case of any defect in the PiRentz App or Services, You assume the entire cost of all necessary servicing, repair or correction in relation to the Equipment listed for hire/rent on the PiRentz Platform.

7. Limitation of Liability

• You acknowledge that the PiRentz App has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the PiRentz App as described in the Documents meet Your requirements.
• Our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, or (including negligence) or otherwise, shall in all circumstances be limited to INR 5,000 (five thousand) or the actual loss suffered by the aggrieved party, whichever is lower. This does not apply to the types of loss set out in Clause 7.4 of this Agreement.
• This Agreement shall limit and exclude Our liability for:
  • Death or personal injury resulting from any negligence by Our employees;
  • Fraud or fraudulent misrepresentation by Our employees; and
  • Any other liability that cannot be excluded or limited by Indian Law.

8. Cancellation of Job and refunds

• In addition to the terms as stipulated in Clauses 7.3 and 7.4 of this Agreement, We shall adhere to the following refund mechanism/policy on a case-to-case basis:
  • In the following cases, We shall refund 100% of the money charged to the Hiring Party/End User, if alternate services/solutions are not provided by Us in mutual agreement with the Hiring Party/End User:
    • If the Equipment Owning Party refuses to supply the Equipment.
    • If the Job is cancelled by the Hiring Party before commencement of the job.
    • If the Equipment has been delivered but breaks down before commencement of the Job for which the Equipment is rented/hired by the Hiring Party.
• In the following cases, We shall partially (proportionally) refund the money charged to the Hiring Party/End User within 30 (thirty) days, in case an alternate services/solutions are not provided by Us:
• If the Equipment delivered suffers breakdown after completing part of the Job for which it was hired/rented by the Hiring Party/End User.
• In the following cases, We shall not refund any amount to the Hiring Party/End User:
  • If the Equipment has been delivered, however, remain unutilized by the Hiring Party for any reason whatsoever by Hiring Party.
  • If the Hiring Party cancels the order for the Equipment within 24 hours before the deployment in monthly and in daily rentals and within 15 minutes to deploy the equipment in immediate “ now” rental requirements.

9. Registration by Hiring Party

• This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Us and Hiring Party
• The relationship between the Hiring Party and Us hereto shall be non-exclusive, on a Principal-to-Principal basis. Nothing in this Agreement shall be construed to constitute a partnership, agency or employer- employee relationship between the Parties.
• We shall provide the Hiring Party with a unique login ID and password to access the PiRentz Platform at the time of registration with PiRentz Platform and as and when required.
• The Hiring Party confirms and fully understands that We shall not own or in any way control the Equipment registered by the Equipment Owning Party. It is further made clear that We merely provides a platform to enable the Hiring Party to avail services as enunciated in this Agreement from a third party via the PiRentz Platform.
• The PiRentz Platform is a listing platform on “as is” and “as available” basis.
• The Hiring Party confirms to having filled-in the registration form and having furnished true and correct details / information and documentations sought by Us therein. Information sought by Us shall include, but shall not be limited to, the registration form to be filled by the Hiring Party online. We shall be at liberty to seek additional information from You at any given time. Any false or incorrect details / information / documents furnished shall constitute a breach of this Agreement and may result in the “PART II” of the Agreement being suspended / withdrawn / blacklisted / terminated from rendering the Services through the PiRentz Platform with immediate effect. The decision in this regard is at Our sole discretion and shall be irrevocable and binding upon the Hiring Party. Acceptance of this Agreement by Hiring Party shall absolve Us from any costs, losses, anticipated loss of time, money and opportunity, as the case may be.

10. Terms of Registration

The Hiring Party understands and agrees that: -

• Equipment in the PiRentz Platform is registered by Equipment Owning Party who is the actual owner of the Equipment. By registering on PiRentz Platform, We are merely assisting the Equipment Owning Party in providing a transactional Opportunity to offer its Equipment for rent/hire in the assigned territory via listing thereof on the PiRentz Platform, as mutually agreed and accepted at the time of registration on the PiRentz Platform.
• Any amount paid towards registration at the time of registration to either Us or Our Authorized Dealer shall be non-refundable.
• It shall be the duty of the Hiring Party to inspect the Equipment upon delivery thereof by the Equipment Owning Party and to ensure that the Equipment provided is in accordance to the specification (including validity of traffic registration and insurance of the equipment) of the Hiring Party and to ensure that Equipment has been made delivered at agreed time, location and rate. Failure to honour these terms by the Hiring Party shall not make Us liable to any claim for compensation on account of such breach.
• It is further made clear that the listing of the Equipment in the PiRentz Platform is done on the basis of provisional inspection of the Equipment and on the information provided by the Equipment Owning Party to Us which is deemed to be true and correct. In the event the Equipment rented by Hiring Party is rejected for reasons such as bad or poor condition of the Equipment, not meeting the specifications as desired, poor customer service, bad or poor operations/operator, health & safety hazards or any other reason on account of the Equipment Owning Party, We shall not be liable for any compensation. If the Equipment is rejected by the Hiring Party for any reason as specified in Clause 10.4. of this Agreement, the Hiring Party shall raise such issues with Us through Our Toll Free Number as provided to the Hiring Party and provide the details of the mismatch between the specifications of the delivered Equipment and the desired specifications.
• In event of the rejection of the Equipment by the Hiring Party in accordance to Clause 10.4. of this Agreement, We undertake to take immediate remedial action based on the nature of complaint/query/conflict/dispute to resolve the issue in an amicable manner to the satisfaction of the Hiring Party. In case of any further dissatisfaction/query/conflict/dispute/complaint, the Job (as agreed to by the Hiring Party and the Equipment Owning Party) is liable to be terminated at Our instance and the any amount received from the Hiring Party in respect of such Job, if any, shall be refunded, by Us to the Hiring Party after a deduction of 25% towards processing charges has been made from the amount received from the Hiring Party. As and when the Hiring Party is able to received and accepts the Equipment as meeting the desired specifications, an advance amount corresponding to the number of anticipated/expected hours of operations at the contracted per hour rate shall be credited to Us . Once the entire work/Job, as per the mandate of this Agreement, is completed, the invoices in relation thereto shall be raised by Us to the Hiring Party and the balance amount must be paid within the stipulated time, failing which the Hiring Party may be liable to pay for interest charged on non-payment of dues. In case of extension of working hours sought by the Hiring Party, an additional advance as per the same method of computation is to be further deposited to Us. In case if the advance paid by the Hiring Party is more than the invoice value, We shall refund the excess amount into the account of the Hiring Party which shall be the same account through which the payment was made by the Hiring Party to Us. No payment by Us to the Hiring Party shall ever be made in cash or credited to a different account.
• It is hereby understood by both Parties that in this Agreement, an hour shall mean 60 minutes by the clock, one calendar day shall mean 10 working hours in a calendar day, and a month shall mean 250 hours in a calendar month. Working hours shall include the idle hours of the Equipment, including idle hours due to issues related to the Equipment.
• The Hiring Party shall be responsible for inspection of the Equipment to its satisfaction and to ensure the safety and security of people involved in the operation of Equipment at the project site/Job site of the End User. Any accident caused in the work site/Job site after the Equipment is delivered to the Hiring Party shall be sole responsibility of the Hiring Party and the Hiring Party alone shall be liable for any legal or penal action arising therefrom and We shall not in any manner be liable for the same.
• Ordinarily, the Equipment Owning Party shall deliver the Equipment to the work site/Job of the Hiring Party, provided that, in case the work site is within 25 km from the site/yard of the Equipment Owner, if the vehicle is capable of moving on the road with its own power, the Equipment Owning Party shall bear the cost of transportation of Equipment to the work site/Job Site of the Hiring Party. In exceptional cases the Equipment Owning Party may charge advance transportation expenses to the Hiring Party, with notice to the Hiring Party, in advance. In case it is not legally permissible to transport the Equipment by road, the cost of the transportation would be pre-agreed by both Parties and paid separately to the Equipment Owning Party.
• In case the work site/Job site of the Hiring Party is beyond the 25 km distance from the site/yard of the Equipment Owning Party, the Equipment Owning Party shall charge the transportation expenses to the Hiring Party directly. We shall not be liable to pay any expenses incurred in relation to transportation of the Equipment to the work site/Job site of the Hiring Party. It shall be the sole responsibility of the Hiring Party to settle the cost of transportation directly with the Equipment Owning Party. In extraordinary circumstances, even where the work site/Job site of the Hiring Party is within the 100 km distance from the site/yard of the Equipment Owning Party, it hereby acknowledged and accepted by the Hiring Party that the transportation cost may exceed normal acceptable limits. In such circumstance, the Equipment Owning Party and the Hiring Party shall agree on a mutually convenient method to transport the Equipment to work site/Job site, at the sole mutual discretion of the Hiring Party and the Equipment Owning Party. We shall not be party to such mutual discussion between the Hiring Party and the Equipment Owning Party and We shall not be responsible in any manner whatsoever for any disagreement/breach between the Hiring Party or the Equipment Owning Party in relation to the same..
• It shall be the obligation of the Equipment Owning Party to provide Equipment in working condition with all consumable fuels, lubricants, batteries, and accessories needed or as specified by the Hiring Party. In case the Hiring Party rents the Equipment on monthly basis, the Hiring Party shall be liable to procure and supply fuel and grease at their cost.
• It shall be the duty of the Hiring Party to use the Equipment in accordance with the specifications provided by the Original Equipment Manufacturer (hereinafter referred to as the “OEM”). Any damage to the Equipment caused due to misuse thereof, or use thereof beyond the specifications of the OEM, shall be deemed to have been caused by the Hiring Party and must be repaired or replaced by the Hiring Party.

11. Full Liability of the Hiring Party

• As the renter/hirer of the Equipment, the Hiring Party shall be completely and fully liable for the operation of the Equipment.
• We shall not be liable for any accident/ damage/ losses which may occur due to misuse or improper use of the Equipment.
• The Hiring Party acknowledges that We merely provide an inventory based service to the End Users and that Our role shall not in any way be construed as that of the owner or agent of the Hiring Party. It shall be the duty of the Hiring Party to, at its satisfaction, undertake the complete due diligence regarding operations of the Equipment at the work site. In case of any accident and mishap We shall not be liable for any claim of compensation from either the Hiring Party/End User or the Equipment Owning Party.
• As the renter/hirer of the Equipment, the Hiring Party will be solely responsible for any penal action or claim from Governmental Agencies for violating of Indian statute, law, regulation, ordinance rule, judgement, order, decree, by-law, Government Approval, directive, guideline, requirement or other governmental restriction or any decision or determination by, or any interpretation, policy or administration of any of the foregoing, by any Government Authority of India having jurisdiction over the matter in issue, whether in effect as of the date of this Agreement or thereafter, or for any claim of damages from third party for damages caused due to operations of the Equipment.

12. Rate Charges and Terms of Payment

• We shall announce the rental rate of the Equipment on the PiRentz platform, which rate shall be on an Hourly/ daily/ Monthly basis.
• The Hiring Party agrees to the rental rate provided in the PiRentz Platform, which shall be exclusive of all Central, State or Municipal Taxes. The rate also indicates the applicable rate of tax and where applicable, the invoice would be generated including all the taxes.
• The Hiring Party understands and acknowledges that any loss that the Equipment Owning Party suffers during the course of operation of the Equipment at the work site/Job site under the supervision of Hiring Party shall be compensated only by the Hiring Party and We shall in no way be liable for any loss of revenue, except as explicitly agreed to under this Agreement. Any financial losses or any indirect losses suffered due to operation of the Equipment shall be the sole responsibility of the Equipment Owning Party.
• We may charge Payment Gateway charges, as applicable, and such charges shall be exclusively borne by the Hiring Party.
• The rates (PiRate) quoted on the PiRentz Platform are exclusive of GST and/or any other taxes that may be applicable, and shall be charged in addition to the contracted rate(s).

13. Termination

• We may terminate or suspend access to Our services under this Agreement immediately, without prior notice or liability, for any reason whatsoever, including without limitation breach of any of the terms of this Agreement by the Hiring Party.
• All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
• On termination, for any reason, of this Agreement:
  • all rights granted to You under this Agreement shall cease;
  • you must immediately cease all activities authorized by this Agreement;
  • you must immediately delete or remove the PiRentz App from all Devices, and immediately destroy all copies of the PiRentz App and Documents in Your possession, custody or control and certify to Us that You have done so.

14. Communication and Correspondence

• If You wish to contact Us in writing, whether in pursuance of the any of the terms and/or condition as set in this Agreement or otherwise, You can may contact Us by e-mail at [info@pirentz.com]. We shall confirm receipt of the same by contacting You in writing, normally by e-mail.
• If We have to contact You or give You notice in writing, the same will be done by Us by e-mail to the email address provided to Us in Your request for the PiRentz App.
• Any notice, request, or other communication given or made pursuant to this Agreement shall be deemed to have been received on receipt of a confirmation of successful delivery either by the receiving Party or by the communication “Service Provider”.

15. Governing Law, Jurisdiction and Dispute Settlement

• You expressly understand and agree to submit all matters relating to Your access to or use of the PiRentz Platform, including all disputes, to the governing laws of the Republic of India, and the laws of State of Madhya Pradesh without regard to its conflicts of laws provision.
• You agree to the personal jurisdiction by and venue in the State of Madhya Pradesh, more specifically, to the Courts in Bhopal, and waive any objection to such jurisdiction or venue.
• In the event of any dispute between PiRentz and You arising out of or in connection with this Agreement, the Parties shall attempt to, promptly and in good faith, resolve any such dispute, amicably and mutually. If the Parties are unable or unwilling to resolve any such dispute within reasonable time (not to exceed 30 (thirty) days), then either Party may submit such controversy or dispute for Arbitration as provided under Clause 16 of this Agreement.

16. Arbitration

• Any disputes or differences arising out of or pertaining to this Agreement, shall first be mutually resolved by the parties through amicable discussions, as provided under Clause 15.3 above, failing which, such dispute will be adjudicated through a sole arbitrator having summary powers, appointed by Our statutory auditors and such, arbitration proceeding shall be conducted in/have its venue and seat at Bhopal in the English language, in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and/or any amendments thereto.

17. Severability

• Any provision of this Agreement which is prohibited by law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions of this Agreement, which will continue in full force and effect.

18. Force Majeure and Other Events Outside Our Control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Agreement that is caused by any act or event beyond Our reasonable control, including failure of public or private telecommunications networks due to force majeure.
• If an Event Outside Our Control takes place such that it affects the performance of Our obligations under this Agreement, then:
  • Our obligations under this Agreement will be suspended and the time for performance of Our obligations will be extended until such event subsides and normalcy is restored, as determined by Us in Our sole discretion; and,
  • We shall, within reasonable means and as determined solely by the Us, endeavour to find a solution so as to discharge Our obligations under this Agreement.

19. Confirmation

• You, the Hiring Party/End User hereby confirm that You understand each provision, term and condition of this Agreement and the same has been understood by You in English and that You understand and agree voluntarily without any reservation to be bound by this Agreement. Furthermore, You acknowledge that this Agreement does not need Your signature/execution by hand to be bound by this Agreement.