The following terms and conditions (the “Agreement”) govern all use of the tobly.co website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Tobly, Inc. (Tobly). The Service is offered subject to your (the “User’s”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site Tobly. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.

Tobly reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

User represents and warrants to Tobly that: (i) (a) User is at least 18 years of age or older or (b) User represents an organization on whose behalf User is authorized and able to enter into a binding contract; (ii) all registration and Rental information User submits is complete, accurate and truthful; and (iii) User will maintain the completeness, accuracy and truthfulness of such information. User also certifies that User is legally permitted to use and access the Service and takes full responsibility for the selection and use of and access to the Service.

SCOPE

The Service is a neutral venue where renters of construction equipment (“Renters”) and owners of construction equipment (“Suppliers”) can find each other and arrange for rental(s) of Supplier’s construction equipment (“Rentals”). As a neutral web application, Tobly cannot and does not guarantee or ensure (i) the form, fit, function or condition of any Rentals, (ii) the safety, or legal or regulatory compliance of any Rentals, or (iii) the acts or omissions of any Renters or Suppliers (such as the treatment of Rentals by Renters or the timeliness of delivery by any Suppliers). Any and all communications, or correspondence, verbal or written, or any warranties or representations, made by Renters or Suppliers are not made by (and do not legally bind) Tobly, but rather are made specifically and solely by the applicable Renter/ Supplier. Tobly may – but is not obligated to - pre-screen or prequalify any Renters or Suppliers (including with respect to verifying ownership of Rentals, maintenance of proper licenses, verification of insurance, etc.).

MASTER RENTAL AGREEMENT

Tobly is neither a lessor nor a lessee of any equipment. In the absence of another agreement, the rental terms provided here (see attached documents) shall govern the terms of any Rental made through the Service, and such terms, together with the Rental description on the Website and these Terms of Use shall constitute the entire agreement between such Renter and Supplier regarding the relationship between such Renter and Supplier regarding the applicable Rental. In the absence of an agreement otherwise, for bare rentals, the master equipment rental agreement shall apply, and for operated equipment, the master equipment rental agreement – operated equipment shall apply. A Renter and an Supplier may create and use their own rental terms and/or modify the rental terms provided here (see attached documents) (in either case, their “Rental Agreement”) to suit their needs and their particular situation. Tobly is not a party to the dealing, contracting and fulfillment of any Rental between a Renter and an Supplier. All rights and obligations of a Renter or an Supplier in their Rental Agreement are solely between such Renter and Owner. Tobly serves only as a platform for the purpose of facilitating payments between Renters and Suplier.

Any Renter shall disclose to the Supplier project specific requirements, such as the applicability of Davis-Bacon Act or prevailing wage laws, that may apply to any proposed or actual transaction involving Renter and Supplier.

DISPUTES BETWEEN RENTERS, OWNERS AND OTHER USERS

User is solely responsible for User’s interaction with other Service users (e.g. payment obligations). Tobly reserves the right, but has no obligation, to monitor disputes between User and any other Service users. Because Tobly is not the agent of either User or any other users, Tobly will not act as an agent to User or in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Service. If User has a dispute with one or more other users of the Service, User shall and hereby does release Tobly (and its officers, directors, agents, subsidiaries, joint ventures, employees and investors and their related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. To the extent Tobly assists in the resolution of any dispute between User and any other user, such assistance is only a courtesy and, therefore, User acknowledges that Tobly shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).

SERVICE CONTENT

The Service and its contents are intended solely for the business use of the Service by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Service (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by User: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. User may download or copy the Content (and other items displayed on the Service for download) for personal non-commercial use only, provided that User maintain all copyright and other notices contained in such Content.

In the course of using the Service, User and other users may provide information which may be used by Tobly in connection with the Service and which may be visible to certain other users. User understand that by posting information or content on the Service such as Rental submissions, or other information meant to be visible and used by other users (collectively, “User Submissions”), Tobly hereby is and shall be granted a nonexclusive, worldwide, royaltyfree, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with providing the Service.

User understands that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that Tobly will not be liable for any errors or omissions in any content. User acknowledges that all Content accessed by User using the Service is at User’s own risk and User will be solely responsible for any damage or loss to any party resulting therefrom.

RESTRICTIONS

User warrants, represents and agrees that User will not contribute any Content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Tobly; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program or (vi) violates or constitutes a breach of any agreement or obligation User may have with or to a third party. Tobly reserves the right to remove any Content – including Rental submissions - from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Tobly is concerned that User may have breached the immediately preceding sentence), or for no reason at all. User, not Tobly, remains solely responsible for all Content that User uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Service, and User warrants that User possesses all rights necessary to provide such content to Tobly and to grant Tobly the rights to use such information in connection with the Service and as otherwise provided herein.

User is responsible for all of User’s activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access or use the Service. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Service. Use of the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while User is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Service is strictly prohibited. User will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. User will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with User activity in connection with the Service.

User understands and agrees that Tobly shall have the sole right to decide whether User is in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.

WARRANTY DISCLAIMER

Tobly has no special relationship with or fiduciary duty to User. User acknowledges that Tobly has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content User accesses via the Service; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Tobly from all liability for User having acquired or not acquired Content through the Service. Tobly makes no representations concerning any content contained in, or accessed through, or products or services obtained through the Service, and Tobly will not be responsible or liable for the accuracy, copyright compliance, or legality material contained in or accessed or products or services obtained through the Service. Tobly makes no representations or warranties regarding the accuracy of descriptions anywhere on the Service, or regarding suggestions or recommendations of services or products offered or purchased through the Service. THE SERVICE, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN PARTICULAR, TOBLY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO ANY RENTALS.

User warrants that it has undertaken its own investigation of all matters relating to the Services provided and any Rental, including an investigation as to the condition of any equipment provided by another User, and therefore has not received or relied upon any statements or representations by Tobly concerning such matters.

INSURANCE; INDEMNITY

With respect to insurance that User is required to obtain pursuant to the Rental Agreement, prior to any rental of equipment, each User will name “Tobly and Supplier” as an additional- insured for General and Auto Liability coverage, for both completed and ongoing operations. Such insurance shall be provided by an insurer with an A.M. Best Rating of at least A-/VIII. Documentation of such coverage will be provided on Tobly’s request.

To the greatest extent permitted by law, User will indemnify, defend and hold harmless Tobly, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement, or the infringement by User or any third party using User’s account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among Tobly and any Users. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements.

LIMITATION OF LIABILITY

To the greatest extent permitted by law, User will indemnify, defend and hold harmless Tobly, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement, or the infringement by User or any third party using User’s account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among Tobly and any Users. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements.

FEES AND PAYMENT.

To the greatest extent permitted by law, User will indemnify, defend and hold harmless Tobly, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (the “indemnitees”) from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys’ fees) directly or indirectly arising out of User’s access to the Service, use of the Service, rental or use of equipment of any User, User’s violation of this Agreement, or the infringement by User or any third party using User’s account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among Tobly and any Users. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements.

TOBLY’S PRIVACY POLICY

Tobly Inc. is committed to the privacy of its clients and keeps all data strictly confidential. Tobly Inc. (tobly.co) Privacy Policy please read the following document, by using Tobly Inc. web application or any of its adjacent products you agree and accept the practises and policy outlined in this Privacy Policy agreement. Please review the following and inform us of any doubts, comment or question at info@tobly.co.

USER INFORMATION

The information you provide to Tobly Inc. is in course of setting up a membership is regarded as confidential in conformity with the Data Protection Act of 1998. Tobly Inc. collects data you voluntarily submit to the company such as: name, last name, data of birth, email address, address and telephone.

Tobly Inc. uses encryption and authentication technology and related best practices to protect data entered and accessed by Users and Members. Tobly Inc. has set up data security protocols using suggested terms by our cloud service platform Parse.com, read the guidelines in detail here.

Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We automatically track certain information based upon your behavior on the Site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.

COOKIES

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". You are always free to decline our cookies if your browser permits.

COMMUNICATIONS FROM THE SITE

On rare occasions it is necessary to send out a strictly service related announcement. For instance, for product updates, we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user's wishes.

SHARING INFORMATION

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.

Other Corporate Entities. We share much of our data, including personal information about you, with our partners that are committed to serving you throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. We outsource our payment processing to Braintree Inc, please also read their Privacy Policy for reference.

We may provide your information to, or request information about you from, third party service providers to assist in providing services to you and for fraud detection, identity verification or other similar purposes.

In the event Tobly Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.

LINKS

This Web site contains links to other sites. Please be aware that we, Tobly Inc, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

NOTIFICATION OF CHANGES

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our Site for 30 days.

Tobly Inc. allows booking cancellation by either party automatically before the rental period has commenced, all the payment and cancellation information will be included in this section.

Our payment system is secure, reliable, and convenient, supporting many currencies and several types of payment and payout methods. All of our payments are processed at Braintree Inc. for Braintree’s terms and conditions please click here.

Payments

When making a booking request the to a supplier, the renter inputs the payment information and two authorizations are made to the credit card, rental total fee and deposit. If the the booking is declined or expires no charge will be made to your credit card and the authorization will be released.

If the reservation is accepted by the supplier, the payment for the rental will be charged while the deposit will continue to be authorized. The from the day of confirmation onwards Tobly Inc. will hold the payment until 48 hours from the end of the job. This process protects both renters and suppliers and time to ensure smooth deal operations.

Payouts

Tobly releases your payout approximately 48 hours after the booking has ended and no claim has been raised.

After we release the payout, it takes some additional time for the money to arrive depending on your payment processor. We support two different payout options ACH / Direct deposit (up to 3 business days) and Venmo (up to 48 hours).

Many banking systems don't process transactions on weekends or holidays. Therefore, a payout released between Friday and Sunday might not be processed until Monday, and your payout might not be reflected in your account until Wednesday. It's also possible for a processor to experience technical issues or other extenuating circumstances that could cause your payout to take longer than usual to arrive.

You will receive an email with the payout information once the money has been submitted for settlement.

Cancellation

Tobly Inc. has a moderate cancellation policy design to protect both the renter and supplier from late minute decision. For specials cases, Tobly will mediate with both renter and supplier under special circumstances.

All cancellation are permitted on the platform up to 48 hours before the booking start date. We understand emergencies happen therefore if a booking needs to be cancelled in less than 48 hours we encourage you to contact us, so that we can get in touch with the other party and negotiate the cancellation. Please keep in mind that different companies may have different internal policies therefore fees may apply.


CONTACT INFORMATION

If users have any questions or suggestions regarding our privacy policy, please contact us at:

Tobly Inc.
173 w 81st street, suite 3e
New York City, NY 10024
Ph: (212) 634-9099
Em: info@tobly.co