Welcome to Easy Machines. These Terms of Use ('Terms') govern your access to and use of our Platform, which connects customers with manufacturers and/or vendors, for the purchase of various construction related products (the 'Service'). By using our Platform and Services, you agree to comply with and be bound by these Terms. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before using the Platform and Service operated by Easy Machines ('us', 'we', or 'our'). Your access to and use of the Platform and Service is conditioned on your acceptance of and compliance with these Terms and the Privacy Policy. These Terms apply to all visitors, users and others who access or use the Platform and Service. By accessing or using the Platform and Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Platform and Service.
"Applicable Law" shall mean any statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, orders, directives, guidelines, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;
"Platform" shall mean the mobile application, web applications (if any), interactive user interface, and related documentation which Easy Machines provides to the user, including any updates thereof, whether hosted or made available locally or remotely, to enable Easy Machine to provide the Service to the user.
According to the Information Technology Act of 2000, its applicable regulations, and its periodically revised provisions dealing with electronic records, this document is an electronic record. A computer system created this Platform, which doesn't need any digital or physical signatures.
In the context of the Terms, 'you', 'your', or 'user' refers to any natural or legal person who has consented to become a customer, contractor, vendor or manufacturer either listing their products or expressing an interest to purchase the products listed by contractor, vendor or manufacturer on the Platform by submitting your information and data during the registration process utilizing the computer and mobile systems.
Usage of the Platform is made available to you, subject to your acceptance without modification of the terms, conditions, and notices set forth in these Terms, as well as any updates or modifications made by us in our sole discretion and displayed on the Platform.
You acknowledge that we may at any time cease all or a portion of the Platform and/or the listings thereunder, as well as amend, modify, add, or remove elements of these Terms. It is your obligation to regularly check these Terms for updates. You will be deemed to have accepted and agreed to the changes if you continue to use the Platform after they have been posted. If these Terms are modified, we are not obligated to tell you, whether you are a registered user or not.
Before making any further use of the Platform, we may demand that you express your agreement to these Terms in a certain way. Your continuing use of the Platform will be deemed acceptance of these Terms, including any changes made, if no such specific consent is required.
Your continuing use of the Platform will be deemed acceptance of these Terms, including any changes made, if no such specific consent is required.
Only those who are able to create legally binding contracts under the Indian Contract Act of 1872 may use the Platform. The Platform is not available to those who are 'incompetent to contract' as defined by the Indian Contract Act of 1872.
You cannot register as a user of the Platform and you are not permitted to use or transact on the Platform if you are a minor, meaning you are under the age of eighteen. If you want to use or transact on the Platform as a minor, your parents or legal guardian may do so; they must be registered on the Platform.
In the event that you are found to be under the age of eighteen and/or incapable of entering into a contract as defined by the Indian Contract Act, 1872, Easy Machines retains the right to cancel your membership and/or deny you access to the Platform.
You may list the details/specifications your products on the Platform, by creating an account ("Registered User"), you must create an account with us for the Registered User by supplying the necessary user details ("User Account") using your relevant information to create a User Account (the "Account Details"). Also, there are no costs or fees associated with opening a User Account with Easy Machines.
You are responsible for making sure the Account Details you enter into the Platform's registration form is correct, complete, and up-to-date. We reserve the right to suspend or terminate your User Account and prohibit any and all current or future use of the Platform if you provide any information that is, or becomes, false, inaccurate, not current, or incomplete, or if Easy Machines has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete (or any portion thereof).
Please note, in the event you are a vendor, contractor or manufacturer who wishes to list its products on the Platform, you may create your User Account by clicking on 'CREATE AN ACCOUNT', providing your details such as your username, email id and mobile number, after which an OTP will be sent to your mobile number. Upon entering the OTP, you will be given 4 (four) option to choose from: 1) Contractors, Operators, Content Creators – to Explore Equipment, Post Requirements, Find Jobs, Create Media Content; 2) Equipment Rentals & Resellers– to List Rental & Resale Equipment; 3) Sell Equipment Parts– to List Equipment Spare Parts, Attachments, Fuel, Oil & Lubrication; After which, you will have to provide details such as your company name, company email id, company contact number, company location, and a brief description of your company.
Where you are a manufacturer who want list its products, your User Account will be created by our back-end channel, who will reach out to you.
Further, we may create a User Account on your behalf by using publicly available information on your website or through other channels publicly available. In the event you wish to either subscribe to your User Account or have your User Account deleted, please feel free to contact us by phone at +91 6363946374 or via email atccontact@easymachines.com.
You agree to take full responsibility for all activities that take place under your User Account and for maintaining the confidentiality of the Account Details. It is expressly forbidden to use another user's account information to access the products.
You hereby undertake to (a) promptly alert us of any unauthorised use of your Account Information or any other security breach, and (b) take all necessary steps to ensure that you exit from your User Account at the conclusion of each session. If you do not abide by this, we cannot and will not be held responsible for any loss or damage that results. You also understand that if you fail to keep your Account Details secure and private, we or any other user or visitor to the Platform may hold you responsible for losses sustained as a result of authorised or unauthorised use of your User Account.
You are given a non-exclusive, limited right to access and use the Platform to list your products, or connect with prospective vendors, contractors or manufacturers to enquire about their listed products, subject to compliance with these Terms and other Platform policies. We shall not be liable for any decisions you make regarding the listing of the products; you must assume full responsibility for these decisions.
You agree to use the Platform provided herein solely for purposes that are permitted by: (a) these Terms, and the Privacy Policy; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to provide accurate information about the products that are being listed on the Platform.
You agree to fulfil orders placed in a timely manner as described in your product listing as per you own policies in place.
You agree to comply with Applicable Law related to the enquiry of the product listed on the Platform.
In line with the provisions of these Terms, you agree to fully abide by all restrictions on the dissemination, use, and reproduction of any materials you access on the Platform.
You consent to not using any other method than the provided interface to access (or attempt to access) the Platform and for the listing of, and purchase of the products. By using or accessing the Platform, you realise and agree that you may be exposed to user-generated content that you may find offensive, indecent, or otherwise objectionable. We disclaim any responsibility for any damages brought on by the offensive material on the Platform. Also, you may report such offensive information in the way specified by these terms.
You acknowledge that any violations of these Terms on your side, as well as any losses or damages Easy Machines or its affiliates may sustain as a result, are exclusively your responsibility to Easy Machines and any third parties.
You 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. We reserve our right to bar any such activity.
You 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.
You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user or visitor of the Platform, or any other customer, including any account on the Platform not owned by you, 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 your own information, as provided for by the Platform.
You shall not make any false, negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation of Easy Machines or otherwise tarnish or dilute any Easy Machines 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 us.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Easy Machines' systems or networks, or any systems or networks connected to Easy Machines.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are or impersonate any other individual or entity.
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from these Terms, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions as amended from time to time and uploaded on the Platform. You consent to the use of personal information by Easy Machines in accordance with the terms of, and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Easy Machines.
The Platform, including but not limited to all text, design, layout, graphics, user interfaces, artwork, and computer code (collectively, the 'Content') on the Platform, are owned and controlled by Easy Machines. The layout, design, selection, coordination, expression, look, and feel of the Content are all protected by trademarks and other intellectual property rights. We are the owner of the trademarks, copyrights, logos, and service marks ('Marks') displayed on the Platform. Without our permission in advance, you may not use the Marks in any way. Additionally, you acknowledge that any infringement on Easy Machines' intellectual property rights could subject you to legal action.
Except as expressly indicated to the contrary in any applicable Additional Terms, we hereby grant you a non-exclusive, freely revocable (upon notice from us), non-transferable access to view, download and print the contents or any other materials available on the Platform, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with these Terms; and
You may not modify or alter any Content or any other materials available on the Platform.
The Content or any other materials mentioned therein are the only things for which you have been given the rights mentioned above. You agree that the Platform's layout, appearance, and overall design are Easy Machines' intellectual property and are prohibited from being duplicated or imitated in whole or in part.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
We do not guarantee the quality, accuracy, or availability of products listed or any news or updates provided by the contractors, vendors or manufacturers.
We are not responsible for any damages, losses, or liabilities arising from transactions between customers and contractors, vendors and manufacturers.
We make no warranty that: The Platform will meet your requirements or your use of the Platform will be uninterrupted, timely, secure or error-free;
In case of any errors or defects in the Platform or other materials, they will be promptly corrected.
Any recommendations or information—oral or written—that you acquire from Easy Machines does not endow you with any warranties that are not already expressly mentioned in these Terms of Use.
Easy Machines will not have any liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
Easy Machines will not be liable for any loss that you may incur as a consequence of unauthorized use of your User Account or Account Information in connection with the Platform either with or without your knowledge.
Easy Machines also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
Easy Machines shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Easy Machines' control.
Easy Machines does not facilitate payments directly between customers, contractors, operators, content creators, dealers, vendors and manufacturers. You agree to settle any disputes or issues directly with the contractor, vendor or manufacturer.
For your convenience, we may offer links to external third-party Platforms ('Links'). You acknowledge that the Links are outside of the Platform's control and that they were obtained from sources that were thought to be trustworthy. In addition, we make no representations or warranties about any of the information contained in these Links, and we will not be held responsible for any harm you may incur as a result of relying on or using such material. You use and rely on any Links and the information they contain at your own risk. Before utilising, you must review the terms and conditions of use for such Links. Without our express prior written consent, no hypertext links may be established to the Platform from any Platform that you manage or from any other source. If you would want to link to this Platform or would like to request a link to your Platform, you can email at contact@easymachines.com.
You agree to indemnify, defend and hold harmless Easy Machines including but not limited to its affiliates, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Easy Machines that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if we determine that you have violated these Terms. You also agree that any violation by you of these Terms shall constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Easy Machines may have at law or in equity.
You agree that we may, in our sole discretion, and without prior notice, terminate your access to the Platform, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) unexpected technical issues or problems; (4) on complaint received by any user on any violation of the terms hereunder and if we are satisfied as to the breach or violation complained or (5) if you breach any of the provisions of these Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same). Our decision shall be final in all such matters.
If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us.
Any claim, differences or dispute arising under or in connection with or in relation hereto this Terms of Use shall be governed by the applicable laws in force in India. Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Terms of Use (including its interpretation) between the parties, and so notified in writing (the 'Dispute') shall be referred to Arbitration Centre-Karnataka for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed by the 'President-Arbitration Centre-Karnataka' as per Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of Arbitration shall be Bangalore and it shall be conducted in English language. The arbitration award shall be final and binding on the Parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Terms of Use and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Bengaluru, India.
In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report to the Platform.
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Platform in respect of the Platform. You further consent that the terms and contents of such Privacy Policy are acceptable to you.
All notices of the Platform will be served by email. Any notice provided to the Platform pursuant to the Terms of Use should be sent to the address as notified in the Platform.
Any failure by the Platform to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Platform of that provision or right.
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Our rights under the Terms of Use are freely transferable by us to any third parties without the requirement of seeking your consent.
If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms shall continue in full force and effect.
In case of any queries with regards to these Terms of Use, please feel free to reach out to us at contact@easymachines.com or call us at +91 6363946374.