Liftkaro Customer & B2B Client: Terms & Conditions

2.1. Liftkaro is a Technology Intermediary

You explicitly understand and agree that Liftkaro is strictly a technology platform that connects you with independent Partners. Liftkaro does not:

• Own, operate, lease, or rent any heavy machinery.
• Employ, train, or control the machine operators.
• Act as a contractor, sub-contractor, or agent for any construction, demolition, or other work.
• Guarantee the quality, safety, legality, or fitness for purpose of the machines or the skill of the operators provided by Partners.

Our responsibility is limited to facilitating the booking, processing payments, and providing the technology to connect you with a Partner.

2.2. Machine Categories Available on the Platform

The Liftkaro platform facilitates the rental of a wide range of heavy machinery provided by our Partners. These categories include, but are not limited to:

2.3. Your Responsibilities are Paramount

As the entity booking the machine, you hold significant responsibilities and warrant that you have the authority to book the machine and direct its work. You are solely responsible for:

• Machine Suitability: Selecting the appropriate machine with the correct capacity and specifications for your job. Liftkaro offers no warranty on the suitability of a machine for any particular purpose.
• Site Conditions & Safety: The safety and condition of the worksite. This includes ensuring stable ground, identifying and marking all underground utilities and overhead power lines, providing safe access, and implementing all necessary site safety protocols.
• Safe Operations: Ensuring qualified, trained personnel operate and supervise all equipment, enforcing all safety protocols, utilizing required personal protective equipment (PPE), and conducting regular inspections and maintenance as per manufacturer guidelines.
• Permits & Compliance: Obtaining all necessary permits, licenses, and clearances required for the machine to travel to and operate at your site. You are also responsible for strict adherence to all safety, environmental, and workplace laws relevant to the site of operation.
• Supervision of Work: The direct supervision of the machine and operator at your worksite to ensure the work is conducted safely and according to your project requirements.

2.4. Accuracy of Information

You must provide accurate and complete details for all bookings. Service failures, delays, or additional charges arising from inaccurate information provided by you are your sole responsibility.

2.5. No Guarantee of Profits or Savings

Any statements regarding potential profits (e.g., "Double Profit") or savings ("Save huge money") or any other advertising promotional claims are for illustrative purposes only and are not binding commitments or warranties by Liftkaro. Liftkaro does not guarantee that Users or Partners will achieve any specific revenue, profit, or cost-saving outcome. Business success is subject to risks beyond Liftkaro's control, and we are not liable for any business losses or failures.

3.1. For Lifting & Material Handling Equipment (Cranes, Lifts, etc.)

When booking any equipment from category C, you additionally warrant and are responsible for:

• Lift Plan: Creating and providing a certified lift plan for any critical lifts, as required by law or industry best practices.
• Rigging & Signaling: Providing certified and competent riggers and signalers (banksmen) to manage the load and guide the operator. The Partner's operator is responsible for the machine, but you are responsible for the load and the lifting operation itself.
• Ground Conditions: Verifying that the ground where the crane or lift will be set up can withstand the outrigger loads and total weight of the machine and the load.

3.2. For Mining & Underground Equipment

When booking any equipment from category F, you are responsible for ensuring the worksite complies with all regulations set forth by the Directorate General of Mines Safety (DGMS) and any other applicable mining laws. This includes providing a safe working environment, adequate ventilation, and all necessary site-specific safety protocols.

4.1. Booking Process & OTP Verification

The rental begins upon the machine's arrival at your site, verified when you provide the Start OTP to the Partner. The rental concludes when the job is complete and you provide the End OTP. Refusal to provide the End OTP upon job completion will be a breach of these Terms. In such cases, Liftkaro reserves the right to determine the end time using GPS data, operator logs, and other available information, and bill you accordingly.

4.2. Pricing and Charges

Rental charges are displayed on the Platform at the time of booking and are subject to change. The final amount payable will include the rental charge, applicable taxes (like GST), and any additional charges incurred, such as overtime or idle time.

4.3. Fuel, Operating Costs, and Overtime

Unless explicitly stated otherwise, the rental rate includes the machine and a certified operator for a standard workday (typically 8 hours).

4.4. Payment Terms

You agree to pay the full amount for the services availed.

• Online Payments: Processed securely through our integrated payment gateways.
• B2B Clients (Credit Terms): Payments are governed by the credit terms and payment schedule outlined in your specific contract. Late payments will accrue interest at a rate of 2% per month and may lead to immediate suspension of your account and services.
• Disputed Charges: Any disputes regarding an invoice must be raised in writing within 48 hours of receipt. Undisputed portions of the invoice must be paid on time.

4.5. Cancellation Policy

• Cancellation before dispatch: May be subject to a minimal platform fee.
• Cancellation after dispatch: You will be liable for a cancellation fee that covers the Partner's mobilization and demobilization costs (transportation charges).

4.6. Minimum Rental Charges

For short-term or hourly rentals, a minimum booking charge (e.g., for 4 or 8 hours) may apply, regardless of the actual usage duration. This will be specified at the time of booking.

5.1. Machine Breakdown

In the event of a machine breakdown, the Partner is responsible for repairs.

• If the repair can be completed within a reasonable time (e.g., 2-4 hours), the rental will be paused and will resume after repair.
• If the repair is expected to be lengthy, the Partner may, at their discretion, attempt to provide a replacement machine, subject to availability.
• You will not be charged for the time the machine is non-operational due to a breakdown not caused by you. Liftkaro is not liable for any project delays or losses resulting from a breakdown.

5.2. Damage to Machinery

You will be held liable for any damage to the machine caused by your negligence, your failure to provide a safe worksite, providing incorrect operational instructions, or using the machine for a prohibited activity. The cost of repairs will be assessed and charged to you.

5.3. Verification and Compliance

All Partners, operators, and drivers may be subject to background checks and police verification and may be required to execute indemnity bonds. Notwithstanding these measures, Users must independently verify credentials and exercise their own diligence.

6.1. Prohibited Content (As per IT Rules, 2021)

As per Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

• belongs to another person and to which the user does not have any right;
• is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to a child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to another nation;
• contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

6.2. Prohibited Use of Rented Machinery

You are strictly prohibited from using any machinery rented through the Platform for any purpose other than its intended, lawful use. Prohibited uses include:

• Illegal Activities: Using any machine for illegal mining, unauthorized demolition, transportation of illegal goods, or any other activity that violates local, state, or national laws.
• Handling of Unauthorised Materials: Transporting or handling hazardous materials, explosives, toxic substances, or any other dangerous goods that were not explicitly declared and approved during the booking process.
• Unsafe Operations: Operating a machine in a manner that is unsafe, reckless, or endangers the operator, other personnel, property, or the public. This includes exceeding the machine's specified load capacity, using it on unstable ground without proper precautions, or disregarding safety protocols.
• Unauthorized Modifications or Operators: Modifying the machine in any way, or allowing any person who is not the certified operator provided by the Partner to operate the machinery.

In case of non-compliance, we reserve the right to immediately terminate your access to the Platform, and you will be held liable for any damages or losses incurred.

8.1. No Express or Implied Warranties

Liftkaro provides its services and the Platform strictly "as is" and "as available." Liftkaro expressly disclaims all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, suitability, or non-infringement for any product or service listed. Any warranties are provided strictly by the manufacturer or Partner, not by Liftkaro.

8.2. Limitation of Liftkaro's Liability

Liftkaro's role is strictly that of a technology facilitator. To the maximum extent permitted by law, Liftkaro, its directors, officers, and employees shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including lost profits, business interruption, data loss, personal injury, or property damage arising from the use or inability to use the Platform or any service obtained through it

8.3. No Liability for Third-Party Acts or Omissions

Liftkaro is not liable or responsible for any theft, criminal act, fraud, misconduct, negligence, or unlawful activity by equipment owners, service partners, operators, or any third party. All such disputes are the sole responsibility of the respective third parties. While Liftkaro may conduct verifications, it does not guarantee the conduct or reliability of any supplier or operator.

8.4. Responsibility of Customer and Partner

The entire responsibility and liability for the safe operation of the machine, compliance with safety standards, and the outcome of the work lie jointly and severally with you and the Partner. The Partner is solely responsible for ensuring equipment meets manufacturer specifications and providing safety manuals. Any dispute must be settled directly between you and the Partner. No refunds will be issued by Liftkaro for operational issues; your recourse is directly with the Partner. Liftkaro's liability, if any, is strictly limited to the platform service fee paid for the specific booking.

8.5. Insurance

The Partner is responsible for maintaining their own insurance. We strongly recommend you verify their coverage and maintain your own "Contractor's All Risk" insurance.

8.6. Third-Party Claims

Indemnification You agree to indemnify, defend, and hold harmless Liftkaro, its affiliates, directors, and employees from any and all claims, damages, losses, or legal fees arising from: (a) your breach of these Terms; (b) your use of the Platform; (c) any injury, death, or damage at your site; (d) your failure to secure a safe worksite or obtain permits; (e) any act or omission by a Partner, user, or operator; or (f) any legal proceedings resulting from the use of equipment obtained via the Platform.

9.1. Termination

Liftkaro reserves the right to suspend or terminate your account at its sole discretion, without notice, for reasons including but not limited to, a breach of these Terms, non-payment, or suspected fraudulent activity.

9.2. Force Majeure

Liftkaro shall not be liable for any failure or delay in performing its obligations if such failure or delay is due to a Force Majeure Event.

9.3. Intellectual Property

All rights, title, and interest in the Platform are and will remain the exclusive property of Liftkaro.

9.4. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute shall be settled by binding arbitration in Gurgaon, Haryana.

9.5. Severability & Waiver

If any provision is found to be unenforceable, the remaining provisions will remain in full force. A failure by Liftkaro to enforce any right will not be considered a waiver.

9.6. Grievance Officer

For any grievances, please contact our Grievance Officer:

9.7. Contact Information

For any questions regarding these Terms, please contact us: