Synfra Solutions Pvt. Ltd.

Introduction

Welcome to Synfra Solutions Pvt. Ltd. ("Synfra", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Synfra platform (website, mobile app or other services) that connects companies or establishments renting equipment, vehicles, plants, or machinery ("Lessors") with those seeking to rent such items ("Lessees"). By using our platform, you agree to comply with these Terms. If you do not agree with any part of these Terms, please do not use our platform.

Synfra is a private limited company in India providing an online marketplace. Synfra is not a party to any rental or lease agreement between a Lessor and a Lessee, except for collecting any commission or fees (as described below) that are payable to Synfra. We only facilitate connections and invoicing – any rental agreement is a direct contract between the Lessor and Lessee. We are not responsible for the actual rental transaction, the quality, safety, or condition of the equipment, or any disputes arising between Lessor and Lessee.

Definitions

• "Platform" means the Synfra website, mobile app, and related services operated by Synfra.

• "User" means any person or entity that registers or uses the Platform, including both Lessors and Lessees.

• "Lessor" means a User who lists equipment, vehicles, or machinery for rent on the Platform.

• "Lessee" means a User who rents equipment, vehicles, or machinery through the Platform.

• "Commission" means the service fee or percentage Synfra charges for facilitating a rental transaction, as indicated to Users.

Using the Platform

• Account Registration: You may need to register for an account to use certain features of the Platform. You agree to provide accurate and complete information during registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials (such as username and password) and for all activity under your account. Notify us immediately if you suspect any unauthorized use of your account.

• Eligibility: You must be a legal entity or individual capable of entering into contracts under Indian law to use the Platform. By creating an account, you represent that you meet this eligibility requirement.

• Use License: Synfra grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for connecting with Lessors or Lessees and facilitating rental transactions, in accordance with these Terms. You agree not to use the Platform for any purpose other than the renting and leasing of equipment, vehicles, plants, or machinery.

• Prohibited Conduct: You must not:

  • Violate any local, state, national, or international law or regulation.

  • Use the Platform for any fraudulent or malicious activity.

  • Attempt to interfere with or disrupt the Platform, servers, or networks.

  • Impersonate any person or entity or falsify your identity or information.

  • Use automated methods (bots, spiders, scripts) to access or index the Platform.

  • Share your account or login credentials with others, or allow others to use your account.

• Suspension and Termination: Synfra reserves the right to suspend or terminate your access to the Platform or any of its features at any time, without notice, if you violate these Terms or for any other reason in our sole discretion. Upon termination, you must cease all use of the Platform. Sections that by their nature should survive termination (such as payment obligations, disclaimers, and dispute resolution) will continue in effect.

User Obligations

• Accurate Information: You agree to provide truthful, accurate, and complete information when listing items (as a Lessor) or making inquiries (as a Lessee). This includes details about equipment condition, specifications, rental duration, pricing, and any other relevant information.

• Compliance: You must comply with all applicable laws, regulations, and industry standards. This includes obtaining any required licenses, permits, or approvals for renting or using the equipment.

• Equipment Responsibility (Lessor): If you are a Lessor, you are responsible for ensuring that your listed equipment is safe, well-maintained, and legally available for rent. You must accurately describe the equipment’s condition, capacity, and usage guidelines. You are responsible for any damage or injury caused by the equipment.

• Equipment Use (Lessee): If you are a Lessee, you must use the rented equipment only as intended and in accordance with the Lessor’s instructions. You agree to return the equipment on time and in the same condition (reasonable wear and tear excepted). You are responsible for any loss, damage, or fines resulting from your use of the equipment.

• Respectful Communication: You agree to interact with other Users in a respectful and professional manner. You will not harass, abuse, or threaten other Users.

• Fees and Payments: You agree to pay any fees, charges, or payments that you owe for rentals or services on time. For clarity, any commission or service fees payable to Synfra must be paid as described during the booking or invoicing process.

• Taxes and Duties: Unless specified otherwise, Users are responsible for any taxes, duties, or regulatory fees associated with their rental transactions. Synfra is not responsible for handling or paying these on your behalf.

Prohibited Activities

When using the Platform, you must not engage in any of the following prohibited activities:

• Illegal Use: Listing or renting any equipment for unlawful purposes or in violation of any law.

• Violation of Rights: Infringing on the intellectual property, privacy, or other rights of Synfra or any third party (e.g., posting copyrighted materials, personal data without consent).

• Fraud and Misrepresentation: Providing false or misleading information in your listings or communications, or engaging in fraudulent transactions.

• Circumventing the Platform: Arranging rentals outside the Platform to avoid paying Synfra’s commission or fees. All payments must be processed through the Platform’s systems.

• Interference: Attempting to interfere with another User’s use of the Platform, or reverse-engineering or bypassing the Platform’s security or access controls.

• Harmful Conduct: Uploading viruses, malware, or any malicious code to the Platform, or performing any action that could disable or overburden the Platform.

• Spam and Advertising: Sending unsolicited promotions or advertisements unrelated to the Platform, or using the Platform to advertise outside services without Synfra’s permission.

• False Identities: Creating multiple accounts for abuse or impersonating someone else.

If you engage in any prohibited activity, Synfra may suspend or terminate your account immediately and pursue any legal remedies.

Payments and Invoicing

• Payment Processing: All payments for rentals (including rental fees, taxes, and any applicable insurance or deposit) are processed through third-party payment gateways integrated with our Platform. Examples of such gateways include (but are not limited to) Paytm, Razorpay, or other approved payment providers. The terms and privacy policies of these payment providers apply to your transactions. Synfra does not handle or store your payment information.

• Invoices: When a rental is confirmed, Synfra will generate an invoice for the transaction and may send it to the Lessor and/or Lessee as needed. This invoice will include details of the rental price, taxes, and any additional fees.

• Commission and Fees: Synfra may charge a commission or service fee for facilitating each rental transaction. The amount and responsibility for this fee will be clearly indicated during the booking process. Unless otherwise agreed, the Lessor is typically responsible for paying Synfra’s commission. This commission is not part of the rental price and is paid to Synfra in exchange for providing the platform services.

• Refunds and Disputes: Any requests for refunds or chargebacks must comply with the policies of the payment gateway used. Synfra is not responsible for resolving payment disputes on behalf of Users; however, we will cooperate with the payment provider’s investigation process.

Payment via External Gateways

When you make a payment through an external gateway:

• You agree to abide by the terms and conditions of the payment service provider.

• Synfra is not liable for any errors, delays, or failures caused by the payment gateway.

• If you have a dispute or issue (e.g., failed payment, refund request), you should address it with the payment provider according to their procedures. Synfra’s role is limited to facilitating the initial transaction and passing payments to the intended recipient.

Limitation of Synfra’s Role and Liability

• Facilitator Only: Synfra provides the Platform as a marketplace service. We do not own, endorse, or inspect the equipment, and we do not employ or control the Lessors or Lessees. Any rental agreement is directly between the Lessor and Lessee, and Synfra is not a party to that agreement. We do not supervise, direct, or manage rental transactions.

• No Warranty: We do not warrant or guarantee the performance, safety, or legality of any equipment listed, nor do we guarantee any aspect of any rental. We do not vouch for the truth or accuracy of any User’s listing or profile. All transactions and exchanges between Users are at the Users’ own risk.

• Disclaimers: The Platform and all content and services provided are offered "as is” and "as available,” without warranty of any kind. To the fullest extent permitted by law, Synfra disclaims all warranties, express or implied, including fitness for a particular purpose and non-infringement.

• Limitation of Liability: In no event will Synfra be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Platform or any rental transaction, even if we have been advised of the possibility of such damages. Synfra’s total liability for any claim arising out of these Terms or your use of the Platform is limited to the amount of commission Synfra actually received for the transaction in question, or one hundred rupees (₹100), whichever is less.

• Indirect Losses: You acknowledge and agree that Synfra is not responsible for any loss, injury, damage, or violation of law that might occur during the rental or use of any equipment. Users should carry out their own risk assessments and inspections. Any claims or disputes about the rental item itself should be directed between Lessor and Lessee, not against Synfra.

Dispute Resolution

• Between Users: Any disputes arising between a Lessor and a Lessee regarding a rental (such as disputes over equipment condition, payment, or terms) should be resolved directly between those parties. Synfra encourages Users to communicate and resolve issues amicably.

• Mediation: If a dispute cannot be resolved between the parties, the Users agree to seek resolution through mediation. The mediator must be a neutral third party agreed upon by the disputing parties. The mediation will take place in New Delhi or another mutually agreed location. Each party will share the mediator’s fees equally unless otherwise agreed.

• Further Legal Action: If mediation does not result in a resolution, the parties may pursue legal remedies. These Terms are governed by the laws of India. Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the courts of New Delhi, India, and both Users and Synfra consent to the jurisdiction of those courts.

• Involving Synfra: If a dispute involves Synfra (for example, a dispute over commission or platform fees), the parties (including Synfra) will attempt mediation first. If unresolved, the dispute will be settled under Indian law in the courts of New Delhi.

Termination of Service

• User Termination: You may stop using the Platform at any time. If you wish to close your account, you can do so through your account settings or by contacting Synfra support. Upon termination of your account, you will lose access to your account and all rights to use the Platform.

• Synfra Termination: We reserve the right to terminate or suspend your access to the Platform at any time, for any reason (including but not limited to violation of these Terms), with or without notice. If we terminate your account for violation of these Terms, any pending transactions or future use will be canceled or barred.

• Effect of Termination: Termination will not relieve either party of obligations incurred prior to termination. For example, any outstanding payments or liabilities will remain due. Sections of these Terms that by their nature should continue (such as Liability, Dispute Resolution, and Governing Law) will survive termination of your account or the Platform.

Outreach for Services and Promotional Communication

By accessing or using our platform, you acknowledge and agree that Synfra may contact you via phone calls, SMS, or email for the purpose of providing product demonstrations, assisting with equipment purchases or rentals, and informing you about new features, services, or promotional offers. This outreach is intended to enhance your experience and keep you informed about opportunities relevant to your needs in the construction equipment ecosystem. Your interaction with the platform signifies your willingness to be contacted for such legitimate business purposes.

User Consent for Communication

By signing up, registering, or submitting your contact details on Synfra, you provide your explicit consent to be contacted by our team through phone calls or SMS on the mobile number provided by you. This consent includes, but is not limited to, communication related to inquiries, service updates, transactions, offers, and other business-related matters. You understand that this consent is voluntary and forms part of your acceptance of our Terms and Conditions, Privacy Policy, and overall engagement with the platform.

Amendments to Terms

Synfra may revise these Terms from time to time. When we do, we will update the date of this document. It is your responsibility to review the Terms periodically. Continued use of the Platform after any changes will constitute acceptance of the updated Terms. If any change is unacceptable to you, you should immediately stop using the Platform.

Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in New Delhi, India. Users hereby submit to the personal jurisdiction of these courts for the purpose of resolving such disputes.

Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Synfra regarding the use of the Platform, superseding any prior agreements.

• Severability: If any provision of these Terms is found invalid or unenforceable by a court of law, the remaining provisions will continue to be valid and enforceable.

• No Waiver: The failure of Synfra to enforce any right or provision of these Terms shall not be considered a waiver of such right.

By using the Synfra platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions.