1.1. These Terms and Conditions govern the use of Machloc Inc.'s online equipment rental platform. ("Machloc", "we", "us" and "our") linking owners of heavy equipment (the "Lessors") and people in need of heavy equipment (the "Lessees" and, collectively with the Lessors , the “Users”) (the “Services”). Machloc's Services are accessible online at machloc.com or via its mobile application for iOS and Android.
1.2. By registering for the Services as a User in accordance with Section 2 hereof, you agree to be governed by these Terms and Conditions, governing your access to and use of the platform and creating a legally binding agreement between Machloc and you.
1.3. Machloc reserves the right to modify these Terms and Conditions at any time. Changes are announced online and via its mobile application, and the “Last Updated Date” is indicated. We therefore invite you to regularly consult the Terms and Conditions. By continuing to use the Machloc Services after any changes hereto, you agree to be bound by the updated Terms and Conditions and they apply to your new transactions and uses. If you do not agree to the updated Terms and Conditions, you must immediately cease your use of the Services and close your account on the platform; the old Terms and Conditions remain in effect for thirty (30) days following the closure of your account on the platform, unless you use the Services during this period, in which case the updated Terms and Conditions apply.
1.4. Machloc may, in its sole discretion, authorize, refuse or withdraw any request to register on the platform or to rent equipment or accessories
2.1. The Services are reserved for Users who meet the age criteria at the locations where the transactions are concluded. Notwithstanding the foregoing, Renters must be at least twenty-one (21) years old at the time of entering into transactions. Any use of the Services by Users who do not meet these criteria is prohibited.
2.2. To access the Services, you must create an account on our platform (“Machloc Account”). Tenants must provide their last name, first name, email address and a password of their choice. In addition to the above, Lessors may be required to provide other information, including details and photos of equipment and accessories. This information must be kept up to date by Users.
2.3. Machloc reserves the right to require additional information from Users in its sole discretion, including, but not limiting the generality of the foregoing, in the event of special rentals and/or additional charges (e.g., insurance, deposits, etc.). If you choose not to provide this additional information, your sole remedy is to cancel the affected transactions, with no impact on your other transactions.
2.4. Machloc has the right, but not the obligation, to carry out checks, investigations and other procedures in order to confirm the identity of Users, their background and the validity of their driving license, and information relating to equipment and to the accessories available on its platform.
2.5. Machloc does not verify or guarantee the information provided by Users. In some cases, Machloc may mandate third parties to verify the information you have provided and require any necessary changes.
2.6. By using the Services, you authorize Machloc to request, receive and use the information provided for the purposes of the Services.
3.1. By using the Services, you grant Machloc written permission to obtain your automobile claim file or report, credit history and background.
4.1. Lessors must comply with all legal requirements, including, but not limiting the generality of the foregoing, providing equipment and accessories that are safe, in good working order, in good mechanical condition, properly registered and insured, with a valid license plate and title deed. The equipment and accessories offered for rental must be the property of the Lessors and must not be subject to agreements with third parties, such as leases or financing. Lessors must ensure that the rental of their equipment and accessories does not violate the terms of any other agreement.
4.2. Lessors must publish accurate advertisements and honor the prices indicated. Lessors must ensure the availability and the possibility of delivery of equipment and accessories before entering into agreements with Lessees. Once an agreement has been reached with a Tenant, Landlords cannot cancel a reservation, including in order to obtain a higher price from other Tenants.
4.3. Lessors may not offer through the Services equipment and accessories that are unsafe, in poor working order, or that have been reported as stolen or are subject to a safety recall.
4.4. Lessors must deliver the equipment and accessories to Lessees at the agreed time and place. Before or at the time of delivery, Lessors are solely responsible for ensuring that Lessees have a valid driver's license issued by a government agency, appropriate for the type of equipment and/or accessory rented. , and that the name and photo match the booking through the Services. Machloc assumes no responsibility for this.
4.5. Lessors must ensure that they follow the maintenance recommendations of the manufacturers of equipment and accessories, and provide mechanical reports and inspection documents for equipment and accessories when requested by Machloc. Notwithstanding the foregoing, Machloc has no obligation to verify that Lessors are indeed following the equipment and accessory manufacturers' maintenance recommendations and to what extent, or to request reports from Lessors to this effect.
4.6. Machloc may, but has no obligation to, verify the Lessors' equipment and accessories before they are offered for rental and recommend any necessary improvements. If Machloc determines that the Lessors' equipment and accessories do not meet reasonable standards, Machloc may withdraw or deny registration of the Lessors' equipment and accessories until the issues are resolved.
4.7. Lessors must report any damage to their equipment and accessories caused by Lessees as soon as they become aware of it, but no later than twenty-four (24) hours after the end of the rental. Lack of diligence or cooperation from Lessors in an investigation may result in the inability of Machloc or its appointed agents to determine the cause of damage and take appropriate corrective action.
4.8. Lessors must obtain and maintain any insurance coverage required to cover damage caused by the rental of their equipment and accessories through the Services or by Lessees. They are responsible for ensuring that their insurance coverage allows them to rent equipment and accessories. Insurance cover must meet the minimum legal requirements and Lessors may need additional cover, such as damage to property in the event of rental or loan of their equipment and accessories. At any time, Machloc may require Lessors to provide proof of insurance (or updated information therefor) but has no obligation to do so or to ensure that such insurance is in effect or sufficient. . Upon receipt of such a request, Lessors must provide Machloc with the requested information.
4.9. Lessors must immediately contact Machloc and cooperate with our investigation if their equipment or accessories go missing, are not returned, or are stolen during a rental period.
5.1. To use the Services, Renters must ensure that they hold a valid driver's license issued by a government agency, appropriate for the type of equipment and/or accessory rented, and this must be valid for the entire duration of the rental period.
5.2. Renters may access the equipment and accessories from the scheduled rental time and must return them at the agreed time and place. Renters are responsible for investigation costs for Equipment and Accessories not returned at the agreed time and place, and an additional five hundred dollar ($500) fee shall be paid by Renters if Machloc or Renters should file a report to the police.
5.3. Before using the equipment and accessories rented through the Services, we recommend that Renters make a visual inspection of them. If Renters notice pre-existing damage, they must take photos [and report them on the Machloc platform]. If Renters do not report such pre-existing damage, Machloc, any appointed agent and insurers may assume that the damage occurred during the rental period.
5.4. Tenants are solely responsible for verifying that the equipment and accessories are safe, in good working order and insured for civil liability. For clarity, Machloc does not guarantee the safety of the equipment and accessories available on its platform.
5.5. Renters must exercise caution and use the Equipment and Accessories safely at all times, in accordance with all applicable laws, including, but without limiting the generality of the foregoing, obeying traffic laws, the limits speed limits and impaired driving restrictions. Tenants must lock equipment and accessories, and keep keys in a safe place.
5.6. Renters must use equipment and accessories rented through the Services for their intended purpose and comply with the operator's manual and all relevant laws, codes and regulations. Equipment and Accessories may not be sublet by Lessees unless the prior written consent of Lessors and Machloc is obtained. Equipment and accessories rented through the Services must never be used for prohibited or illegal activities.
5.7. Renters must return rental equipment and accessories in the same condition as received, failing which Renters are responsible for repairing or replacing any damage other than normal wear and tear. We recommend that Renters maintain coverage for damage to equipment or accessories through their personal or automobile liability insurance policy.
5.8. Renters are responsible for any damage to or theft of equipment or accessories rented through the Services while in their possession, whether or not they have personal automobile insurance.
5.9. By renting equipment or accessories through the Services, Renters agree to cooperate with Machloc in the event that any accident, damage or theft occurs during the rental period. In such an event, Renters must immediately notify Machloc at info@machloc.com or call 1-800-MACHLOC (622-4562), and return the original equipment and accessory keys to Renters. In the event of a collision, Renters must also report it to the police. Renters must make a reasonable effort to gather evidence and provide Machloc or any appointed agent with a written account of the incident and any other information requested, including, but not limiting the generality of the foregoing, the identity and the insurance information of the parties involved. Renters may not continue to use damaged equipment and accessories unless they obtain the prior written consent of Machloc.
5.10. Renters are fully financially responsible for any claim, loss or damage resulting from their misuse of equipment or accessories rented through the Services.
5.11. If Machloc has any concerns about the use, storage, abandonment or return of equipment and accessories by Renters, we may cancel the reservation/rental at any time and ask Renters to return the equipment and accessories. accessories or collect them on behalf of the Lessors.
6.1. Machloc is not an insurance provider and does not provide insurance for Landlords and Tenants under any circumstances. Users are responsible for obtaining necessary or useful insurance coverage.
6.2. Most rental companies that offer equipment or accessories through the Services do not offer liability insurance. It is the Renter's responsibility to verify their personal liability insurance coverage.
6.3. Certain Lessors may provide minimum insurance coverage required by law through their own commercial or rental policies (“Commercial Lessors”). This information can be found in the announcement of the equipment or accessories. If you rent equipment or accessories from Commercial Landlords, you will be billed directly by the Commercial Landlords for any applicable insurance coverage following the reservation, and not through the Services. Where applicable, Commercial Landlords may ask you to sign additional documents and pay a deposit and/or additional fees.
6.4. At any time, Machloc may request proof of insurance from Users to use the Services. Notwithstanding the foregoing, Machloc has no obligation to ensure that such insurance is in effect or sufficient.
7.1. Machloc, as an intermediary between the Users, is responsible for collecting from the Tenants the sums due in return for the rental of the equipment and accessories, and of distributing these sums to the Landlords who own the said rented equipment and accessories, after deducting the costs payable to Machloc.
7.2. If you owe money to Machloc or a third party lender, Machloc reserves the right to deduct the amount from your next payment or to bill you for the amount owing. In the event of a court order or judgment, Machloc must comply with it and you agree to release us from all liability for damages or lost revenue.
8.1. With respect to your use of or access to the Services, you agree not to directly or indirectly engage in or assist any third party to engage in any of the following prohibited activities: /p>
8.1.1. Contravene or violate any laws, including, but not limited to the generality of the foregoing, (i) contravene local, state, provincial/territorial or national laws, or contravene court orders, (ii) disregard regulations tax, license/permit and registration requirements, and infringe the rights of third parties, [or (iii) reproduce, perform, display, distribute, develop or create derivative works of any content owned or licensed by Machloc, or the content originating from the Services and owned by another Machloc User or third party, unless the prior written consent of Machloc and any other relevant person has been obtained; this includes works protected by copyright, trademark, patent or other intellectual property right, and privacy, publicity, moral or contract rights].
8.1.2. Causing any damage to the "Machloc" brand, including, but not limiting the generality of the foregoing, (i) using the Services or content of another User without their prior permission, (ii) posting false content , inaccurate, misleading or defamatory, (iii) circumvent Machloc's security measures and overload its infrastructure, or (iv) register or use any domain names, trade names, trademarks, social media account names or other means closely resembling or similar to those of Machloc or the Users.
8.1.3. Submit false or misleading information, including, but not limiting the generality of the foregoing, (i) providing false information such as name, date of birth, driver's license, payment information, insurance or other required personal information, (ii) make false claims (for example, for damage to equipment and accessories), (iii) create or operate a Machloc Account on behalf of someone else, (iv ) impersonate another person or lie about your identity/affiliation with another person, or (v) falsify or provide inaccurate information about the content or the equipment and accessories made available to Users.
8.1.4. Harm or threaten to harm Users or Machloc, including, but not limiting the generality of the foregoing, (i) harass, intimidate, or defame a User or Machloc, (ii) collect or maintain personal information about a User from maliciously or for any reason other than as a Lessor or Lessee in accordance with these Terms and Conditions, (iii) spreading viruses or harmful technologies that may disrupt the operation or delivery of the Services, (iv) engaging in physical behavior or abusive or threatening language toward other Users or Machloc representatives, (v) use the Services to transmit, distribute, display, or submit information about a person (for example, personal contact or payment information), without the prior consent of such person and Machloc, (vi) use Machloc's proprietary information without its prior permission, (vii) access non-public areas of the Services, (viii) unlawfully manipulate or use Machloc's computer systems, (ix ) probe, scan, or assess the vulnerability of Machloc's computer system, or circumvent any technological measures put in place to protect the Services, (x) discriminate against anyone based on appearance, beliefs, gender identity, place of birth or anything else, (xi) damage the reputation of other Users, diminish the profitability of their equipment or discredit them by disrupting their advertisements, or (xii) take legal action or make claims against Machloc or a User as prohibited or waived in these Terms and Conditions.
8.1.5. Use the Services for unrelated personal purposes, including, but not limiting the generality of the foregoing, (i) contacting a Machloc User for reasons other than an advertisement, reservation, rental, question or use of the Services, (ii) send unsolicited commercial messages (such as spam, third-party advertisements, etc.), (iii) collect data or Machloc content for any reason other than for the Services, including creating a collection or database, or (iv) commercialize content obtained from the Services or software associated with the Services.
9.1. Machloc does not provide equipment and accessories, equipment or accessory rental or insurance services, and is not responsible for the actions or omissions of Users, equipment and accessory manufacturers or any other service provider. For clarity, Machloc only provides an online platform that facilitates the rental of equipment and accessories between Lessors and Lessees. The Services are provided "as is", without express or implied warranty.
9.2. To the extent permitted by law, Machloc expressly excludes herein all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and arising out of a trade practice.
9.3. Machloc does not guarantee the quality of the advertisements, services, Landlords, Tenants, equipment, accessories, services or content of its platform or the accuracy, timeliness, veracity, completeness or reliability any content obtained through the Services.
9.4. Machloc does not warrant that the Services, including but not limited to the generality of the foregoing, advertisements, services, equipment or accessories will meet your requirements or be available without interruption, in a secure or error-free manner.< /p>
9.5. You acknowledge that Machloc and its affiliates, their directors, officers, representatives, agents (including directors, officers, representatives and agents of third parties, and insurers) and employees (collectively, the "Machloc Parties") are not liable for any direct, indirect, incidental, special or consequential damages, whether based on warranty, contract, fault (including negligence), product liability or any other legal theory, in connection with: (i) these Terms and Conditions, (ii) use of the Services (including, but not limited to the generality of the foregoing, registration or rental of equipment or accessories) or (iii) l inability to use the Services.
9.6. Notwithstanding the foregoing, the aggregate liability of the Machloc Parties arising out of or relating to these Terms and Conditions or your use of the Services shall in no event exceed the total amount of your rentals entered into through the Services at the during the twelve (12) months preceding the event giving rise to the liability.
10.1. You waive any right of sue or claim against the Machloc Parties for any damage or loss attributed to negligence or any other cause, arising out of or in connection with: (i) the availability of equipment or accessories (e.g., Equipment or Accessories not available or returned on time), (ii) Equipment or Accessory issues (e.g., any defects or malfunctions), (ii) Equipment warranty issues, or accessories (for example, any breach of warranty or other obligations of the manufacturers or third parties), (iv) the legal status of the equipment or accessories, the rental agreement, the Lessor, the Renter or the validity of a driver's license, (v) a third-party appraisal of the value of equipment or accessories, or (vi) any action or omission of a Lessor or Lessee.
11.1. Machloc has the right to investigate, prosecute and refer any violations of these Terms and Conditions to the appropriate legal authorities to the fullest extent permitted by law.
11.2. Machloc may remove or disable access to any content or any User that we believe is in breach of these Terms and Conditions or harmful to the Services and the Machloc community.
11.3. If Machloc suspects that you are misusing the Services, we may limit, suspend or terminate your Machloc Account, remove your content hosted on our platform, and take legal or technical steps to prevent further use of the Services.
12.1. Machloc may remove any Listing from a Landlord, for any reason, in accordance with applicable laws.
12.2. At any time, Machloc may terminate your access to the Services and you may cease using the Services (the “Termination”). Termination does not release Users from their previous obligations. Termination shall have no impact on the exclusions/limitations of liability and waivers provided herein, any litigation arising hereunder, and any charges pending billing. For clarity, these Terms and Conditions continue to apply following Termination.
12.3. Machloc may retain and continue to use the information you provided prior to Termination, including, but not limiting the generality of the foregoing, details and photos of equipment and accessories.
13.1. You agree to indemnify, defend, defend and hold harmless the Machloc Parties from and against all claims, liabilities, damages, losses and expenses, including, but not limiting the generality of the foregoing, reasonable legal and accounting fees, arising out of or in connection with: (i) your use of the Services, (ii) your breach of these Terms and Conditions, (iii) content posted by any User, (iv) your interactions with any other User of the Services, (v) creating an advertisement, (vi) booking, renting or using equipment or accessories.
14.1. You acknowledge that it is difficult for Machloc to measure and prove the actual damages that may result from a breach of these Terms and Conditions through actions such as: (i) use of domain names, trademarks or slogans of Machloc without its express consent, (ii) participation in gray market transactions, (iii) an unsubstantiated lawsuit or claim against Machloc or Users, (iv) the offering of equipment or accessories dangerous or defective as a Lessor, (v) offering stolen or lost equipment or accessories as a Lessor, (vi) manipulating prices or revenues as a Lessor, or (vii) creating or the use of another Machloc Account to circumvent the suspension or closure of your original account. If you engage in any such activity, you shall pay Machloc, as liquidated damages and not as a penalty, the sum of one thousand dollars ($1,000) for each day such violation continues.
15.1. You agree to receive electronic communications from Machloc (e.g. email, Machloc inbox notification, mobile app notification).
15.2. Machloc may also contact you via recorded calls or text messages to confirm your registration, provide notifications related to your account, prevent fraud, collect any amounts owed or transmit emergency messages. Machloc may share your phone number with service providers for these purposes, but never with third parties without your prior consent. Call, text or data charges may apply.
15.3. Machloc and its service providers may monitor or record telephone conversations between Machloc and you for quality control and training purposes without notice or warning. If you do not want your call recorded, please write to info@machloc.com.
15.4. At any time, you can withdraw your consent to these communications.
16.1. Unless otherwise stated, Users agree that nothing in these Terms and Conditions authorizes the assignment or transfer of any right or interest in any equipment or accessory rented through the Services.
16.2. Without the prior written consent of Machloc, you may not assign any of your rights or obligations under these Terms and Conditions to any third party.
16.3. Machloc does not enter into any form of partnership or joint venture and does not consider you or any other User to be its employee, representative or agent. You are not authorized to make any commitments on behalf of Machloc. Machloc is not authorized to make any commitments on your behalf except as provided in the Services or expressly stated in these Terms and Conditions.
16.4. Each provision hereof forms a separate whole, so that any decision by a court or court to the effect that one of the provisions hereof is void or unenforceable does not in any way affect the validity of the others. provisions of these Terms and Conditions or their enforceability.
16.5. The failure of Machloc or you to insist upon full performance of any of the covenants contained herein or that Machloc or you has not always exercised all of its rights conferred herein shall not be deemed a waiver. to such rights or the performance of such commitments. Except as otherwise expressly provided herein, any waiver of its rights is valid only when set forth in writing and is valid only for the rights and circumstances expressly contemplated by such waiver.
16.6. These Terms and Conditions shall be interpreted and executed in accordance with the laws of the province of Quebec and the applicable federal laws of Canada.
16.7. You acknowledge that these Terms and Conditions are a complete and true statement of the agreement between Machloc and you with respect to the use of the Services. All modifications or waivers of these Terms and Conditions must be in writing and approved by an authorized representative of Machloc.
16.8. The titles or subtitles used in these Terms and Conditions have no interpretative value. Their only function is to facilitate the reference to the clauses, commitments, rights or obligations provided for in these Terms and Conditions.
16.9. For any questions or requests for information, you can contact us at info@machloc.com.
