Churlu Terms of Use

Effective Date: 16-Jun-2021

 

These Terms and Conditions(the Terms and Conditions ) Govern the use of www.Churlu.com and its related websites, services,mobile/digital device applications or tools (Collectively referred to as "Churlu Inc") you are agreeing to the following terms. By using this Churlu website and mobile applications, you indicate that you have read and understand these terms and conditions and agree to abide by them all times.

User Accounts

When you create an account on Churlu, you agree to the following

• You are solely responsible for your account and the security and privacy of your account, including password or sensitive information attached to that account.
• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

Intellectual Property

All content published and made available on our Site, mobile application is the property of the Churlu Inc. This includes, but is not limited to imaged, text, logo documents, downloadable file and anything that contributes to the composition of our Site, Mobile Application.

Age Restrictions

We ask you to be of age 16 or older. If you are younger, you agree to take your parent/guardian's help in using Churlu and its apps.

User Accounts

While posting any advertisement, you agree that you will not

• Violate any federal, provincial or any other jurisdiction law/regulation or code.
• Post anything which is threatening, abusive, political, insulting, religious, defamatory, obscene , harassing or indecent , false or misleading.
• Post any material or item which is illegal, pirated, counterfeit, banned or stolen.
• Promote/post schemes, unverified/fishing hyperlinks;
• Distribute viruses or any other technologies which is not in interest of users and Churlu.
• Post advertisement in wrong categories and post duplicate ads
• Violate the copyright, trademark or any other intellectual property rights of third parties and Churlu

Technical Use

While using application on phone or any electronic device, you agree that you will not

• Use Artificial Intelligence, automation or robots to open accounts or post ads;
• Use Robot, scripts, automation, applications or any other means to bring down Churlu website by overloading or crashing it.
• Try to harvest user information and their posted content without their consent.
• Try to copy or distribute copyright, trademark, registered ownership and material of Churlu, any third party and its users.
• By installing Churlu mobile application you agree that it may impact the performance of mobile/electronics devices and Churlu will not be liable for any adverse effect on your device.
• Hack into the account of another user.

Content

• Churlu is not responsible for the verification of the content posted by you or other users.
• You are responsible for the authenticity of the content that you post on Churlu.
• You agree not to use, copy, distribute, claim ownership, copyrights, or modify content of other users, third party product owners or Churlu without written consent.
• You agree and permit Churlu to display your content including but not limited Photos, Task, Services on Churlu Websites, Mobile Applications and those content may be shared by other viewing users on social media and other digital mediums.
• You will not post content that may infringe the intellectual property rights of other third parties that includes Trademark, Copyrights, Registered Mark, Logos etc.

Rental Items

When you hire/rent any item/equipment from Churlu Platform, you agree to abide by following terms

• Hiring person has all the necessary skill, experience and license to operate/use the item.
• Hiring a person will use all the protective gears and will follow all the work codes, law and regulations of the country/province.
• Items hired will only be used for intended purpose and will not be misused.
• No tempering/alteration or repair should be performed on the hired item. Doing so will lead to recovery of the total cost of items.
• In case of breakdown, the owner should be informed and no work/repair should be attempted on the same device.
• Items should be thoroughly checked before taking it and it should be inspected on return as well.
• Hirer will be charged for repair/part replacement cost if the item is returned damaged due to any reason whatsoever including natural disaster.
• The item ownership will remain with the actual owner of the item.
• Hirers can charge a late fee, if the item is not returned at agreed time.
• You will be charged for consumables such as fuel or any other items.

User’s Obligations

• During Pickup verify the item is operating properly and is safe to use and is suitable for the intended purposes.
• All the existing issues, body damage or functional issues should be noted down at pickup and delivery and the same should be agreed between both parties.
• Users are encouraged to verify the identity of the buyer/seller while dealing. Make sure to make dealing in a safe area and at appropriate times.
• Use the manufacturer's user operator manual before operating any item.
• Don’t operate any item which starts to sign of breakage or malfunction. Hirers should not tamper with, damage or repair the Equipment.
• Inform the owner of the item about any issue with the item.
• Hirer should not Lose any accessories or part while possession of the Equipment;
• Hirers should not allow any other person to operate the equipment who is not trained, is underage or under the influence of alcohol or any other substance.
• Hirer should not use any equipment or any machinery/vehicle if user
  1. does not hold a suitable license,
  2. is affected by drugs and/or alcohol,
  3. is not familiar with equipment and trained with safety operations.
• User should not exceed the recommended or legal guidelines/limits (Speed, Load, Capacity, Timing, Environment) of the Equipment;
• Items hired should not be used to carry any illegal, prohibited or dangerous substance/activity in or on the Equipment.
• Hirer will be responsible for safekeeping of the equipment and is fully liable for any loss, theft, damage while in their possession.
• Hirer will be responsible for returning the item at place of pickup unless agreed otherwise with the owner.
• Items should be returned in clean condition like it was taken. If the item is returned unclean, cleaning charges will be passed to the hirer.
• The hire contract will not be transferred or assigned to any other party(including sub-hire) without the prior consent in writing from the Owner.
• Users are encouraged to converse via Churlu Chat to keep a record of your dealing. In case of disputes, please first inform the Churlu Support Team with appropriate details.

Report Abuse and Infringement

Users can report problems and breaches of policy to us using the Churlu website help page. Churlu has the right to take following actions, If any user is found to be violating the Intellectual Property Rights(IPR) or Churlu Issue warning and restrict usage

• Remove hosted content without any notification.
• Delete the user account without any notification.
• Provide user and content information to legal authorities if formally asked.
• Provide user and content information to a third party’s legal representative.
All the abuse and IPR infringement can be reported at support@Churlu.com

Liability

Churlu does not take the responsibility and is not liable for any violation of policies, laws and guidelines by its users.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or those defects in the service will be corrected. While we will make best efforts and follow industry recommendations for secure and maintain an uninterrupted service, we cannot guarantee this about the operation and availability of our sites, applications and associated services and we do not have any obligation to monitor the information transmitted. You agree that an application on your phone may interrupt it’s performance and adversely affect its operating system. You agree to indemnify the Owner, Churlu against all liability, expenses, damages, suits, actions, and claims arising either directly or indirectly from the use, maintenance, transport or operation of any item/equipment bought/hired through Churlu platform.

You agree that you will not hold Churlu responsible and liable for things such as:

• Reviewing and verifying users' posting, accuracy and authenticity of content.
• Abuses, infringements or violations of policies by its users.
• Functional verification of posted items and its safety and legal requirements.
• Verification of operational requirements of any tools, machinery, vehicle, industrial equipment or any other item posted on Churlu.
• Any Injury, Death or damage to property caused by the items/equipment purchased or rented from Churlu
• Verification of the quality, safety, legality of the item posted on Churlu.
• Any issues/disputes, return, refunds between users
• If an item is not used fairly and for its intended purposes only.
• Hirer will be responsible for paying all the fines/tickets issued by authorities and personal/property damages caused by transport, usage of the equipment while the item/equipment is in their possession.
• Lender may be able to sue the hirer for recovery of the equipment cost caused by below causes.
  • where the Equipment is lost or stolen;
  • where the damage is caused by a collision with a bridge, carpark, awning, gutter, tree or any other overhead structure or object whatsoever due to insufficient clearance;
  • where the damage is caused while the Equipment is being driven or towed on any road that is unsealed or is not a public road;
  • where the damage is caused in any way by overloading;
  • Where any fines/tickets are issued by any authority for not following law/regulation.
• There is no insurance provided for the items hired through Churlu, Hirer is liable for damage, theft or loss of the item/accessories while they possess the item. Hirer may arrange insurance through the actual owner or third party.

Consumer Protection Law

Where the Consumer Protection Act or any other protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under the legislation. These Terms and conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Applicable Law

These Terms and Conditions are governed by the laws of the Province of Manitoba. (Canada).

Severability

If any Time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable law, those provisions will be deemed void and will be removed from the Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid

Changes

These Terms and Conditions may be amended from time to time in order to maintain the Compliance with law and reflect any changes to the way we operate our site and the way we expect users to behave on our site. We will notify users of changes to these Terms and Conditions or post a notice on our website.

Privacy

By Clicking on “I Agee”, you agree to the collection, transfer, storage and use of your personal information by Churlu. You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law Although all the necessary control are place as recommended by industry standards, Internet by design can’t be guaranteed to be a secure, hence Churlu is not responsible for the data loss including personal information occurred while using Churlu.

Churlu will need you to provide certain personal information, such as your name and contact details, and proof of identity/address proof before issuing “Certified User” tag to you.

Churlu may use and disclose to third parties personal information that you have provided to us for the purposes of advertising (including online behavioral advertising) and direct marketing. The third parties we engage to assist us in marketing and advertising may use cookies (that is, small data files transferred onto devices when a website is accessed) Your preferences collected in this manner may be disclosed to us. You can also manage your preferences in relation to online targeted advertising directly through digital platforms such as Google or Facebook. You may at any time contact Churlu to know about your personal information held by Churlu and make modification/deletion of it. Equipment may contain on-board devices (GPS Device) which enable the Equipment to be connected to the internet and to send commands to and receive certain information from the Equipment, including geolocation data from a global positioning system and other data including but not limited to speed, battery voltage and ignition status of such Equipment. By hiring such Equipment, you consent to use of the GPS Device on such Equipment during the Hire Period and that data may be used by Equipment manufacturer, Churlu or its authorized partners. Please refer (Churlu Privacy Policy) Document.

Contact Details

Please Contact us if you have any questions or concerns. support@Churlu.com

GLOSSARY of the terms used in this contract

EQUIPMENT – Means any kind of equipment, vehicles or tools including but not limited to the following kinds of goods or goods suitable for the following kinds of uses: cleaning; cooling and/or heating; entertainment; waste management; landscaping and gardening: plumbing: fencing and covering: lifting: access; air and air compression; pumping and fluid management; welding; compaction; concrete and masonry; flooring; earthmoving; floor care and cleaning, generation and power distribution; ground equipment and shoring; ladders and scaffolding; propping; lighting; materials handling; offshore pumps; safety equipment; storage; site accommodation including portable buildings and portable toilets; traffic management including road barriers; signage; vehicles including trucks, vans and trailers, and includes tools and parts and accessories for any of the foregoing.

Hirer – refers to the person, firm, organisation, partnership, corporation or other entity (including trust) hiring the Equipment through Churlu.

Hire Period– Duration agreed by both parties in which the tool will be rented to hirer

Churlu – The company which provide platform for item listing

Motor Vehicle – A truck or utility but not any other equipment such as a lift, trailer