Terms of Service

General Terms for Use of Maskinmarkedet.com

Terms for Use of the Online Service Maskinmarkedet

1. Introduction

   1.1. Maskinmarkedet provides an online service where owners of construction equipment and contractor machinery, by creating an Advertisement, can connect with potential renters of the specific Equipment, so that a Lease Agreement can be made between the Lessor and the Lessee regarding the Lessee's use of the specific Equipment.

   1.2. By using the Platform on Maskinmarkedet's websites, Users are obligated to accept these business terms ("Terms and Conditions"). If the Terms and Conditions are not accepted, the User is encouraged to leave the Platform.

   1.3. The ownership, operation, and maintenance of the Platform belong to and are handled by Amma Solutions ApS, Løgstørgade 9, Copenhagen Ø, CVR: 44298929 ("Maskinmarkedet").

2. Definitions

   "Advertisement" is the ad created on the Platform by the Lessor containing information about the Equipment offered for rent.

   "Visitor" is a User or a Guest User, legal or physical, who uses the Platform.

   "User" is a Visitor registered on the Platform in accordance with section 3.2, who can either be a Lessee or Lessor.

   "User Information" is the information specified in section 3.2.

   "Guest User" is an unregistered person who uses the Platform.

   "Lessee" is a User who enters into a Lease Agreement.

   "Lease Agreement" is an agreement between the Lessee and Lessor for the rental of Equipment.

   "Operator" is the person operating the Equipment.

   "Platform" is Maskinmarkedet's online solution, including the website and mobile applications.

   "Equipment" is the construction or contractor equipment owned by the Lessor and offered for rental on the Platform.

   "Service" is as described in section 4.1.

3. Further Definition

   3.1. Access to use the Platform depends on whether the Visitor is a User or Guest User. Guest Users only have access to search the created Advertisements. If a Visitor wants to rent out Equipment and create Advertisements on the Platform, they must register as a User.

   3.2. To register as a User, the Visitor must enter their name, email address, phone number, address, CVR number, and other relevant information for User identification through the Platform. The User will then receive an email to activate their profile on the Platform. The User agrees that Maskinmarkedet has the right to obtain information about the User from the CVR register and that this information can be used as part of providing the Service. If the User wishes to create Advertisements on the Platform, they must enter a subscription agreement with Maskinmarkedet, see section 5.1. The User must also provide relevant payment information on the Platform.

   3.3. A User is obliged to provide accurate User Information and maintain this information. Maskinmarkedet has the right to suspend a User who provides incorrect, incomplete, or erroneous information. Maskinmarkedet can suspend a User based solely on suspicion of incorrect information.

   3.4. Maskinmarkedet has the right to refuse any Visitor to register as a User without explanation. A User can cancel their User status without notice by contacting team@maskinmarkedet.dk. If the User has entered into a subscription agreement with Maskinmarkedet, the User's payment obligation continues in accordance with the deadlines indicated in section 5.1.

   3.5. The User’s profile on the Platform is protected by a password created during the User's registration process on the Platform. The User can change the password as necessary. The User is obliged to and responsible for keeping their password safe and must not under any circumstances disclose the password to others.

   3.6. It is free to register as a User on the Platform. However, if the User wishes to create Advertisements on the Platform, they must enter into a subscription agreement with Maskinmarkedet, see section 5.1.

4. Service and Lease Agreement

   4.1. Users gain access to the Platform, which is a digital platform, database, and marketplace for facilitating contact between Lessors and Lessees of Equipment, so that a Lease Agreement can be made directly between the Lessor and Lessee regarding specific Equipment. Maskinmarkedet's role is solely to facilitate contact between the Lessor and Lessee. Maskinmarkedet has no influence on the contract formation between the Lessor and Lessee and cannot be held responsible for the content of such an agreement. The responsibility for the correct contract formation and fulfillment lies solely with the Lessor and Lessee.

   4.2. By accepting the Terms and Conditions, the User gains a limited, non-exclusive right to use the Platform for the purposes stated in section 4.1.

   4.3. Maskinmarkedet emphasizes that it is not, and does not become, a party to a Lease Agreement between the Lessor and Lessee. At no point can Maskinmarkedet be considered a machine station, agent, broker, etc. Maskinmarkedet solely provides the facilitation service mentioned in section 4.1 via the Platform.

   4.4. A User entering into a subscription agreement, see section 5.1, is entitled to create Advertisements on the Platform and, in this context, will be requested to provide a number of details about the Equipment, including, but not limited to, type, year, usage, image, price per hour, or price per hectare. Furthermore, in an Advertisement, the User must state whether the Equipment is rented with an Operator. After an Advertisement is created, other Visitors can search for and find the Advertisement on the Platform, and Users will be able to contact the Lessor and request and enter a Lease Agreement on specific terms agreed directly between the Lessor and Lessee. The Lessor's contact details will also be provided in the Advertisement.

   4.5. A User agrees and acknowledges that they are responsible for the content in an Advertisement (created by them), including ensuring that the content is accurate and that an Advertisement and the subsequent Lease Agreement do not infringe any third-party rights, including, but not limited to, leasing agreements, insurance agreements, rental agreements, copyrights, etc. Lessors are therefore obliged to have the required authority over the specific Equipment and Operator to be able to rent it out.

   4.6. Maskinmarkedet has no influence on the contract formation between Lessor and Lessee and the terms therein. However, Maskinmarkedet encourages both Lessor and Lessee to ensure that they are properly insured and that the agreement complies with good practice and current regulations. Maskinmarkedet states that it can, in no way, be held responsible for missing insurance from either the Lessor's or the Lessee's side.

5. Payment

   5.1. If a User wishes to create Advertisements on the Platform, they must subscribe with Maskinmarkedet. Prices and subscription periods are shown on Maskinmarkedet's website and marketing material. A User can terminate their subscription at the end of the subscription period they have entered. However, the User's termination cannot exceed three months (effective at the end of the month). If the User does not terminate, the subscription continues on the same terms.

   5.2. A User is only allowed to create one user profile per User. For example, a company may only have one user profile linked to its CVR number.

   5.3. Payments between the Lessor and Lessee are not handled by Maskinmarkedet.

6. Marketing

   6.1. Any advertisement, marketing, or similar, directly or indirectly, for products, services, individuals, etc., other than the Equipment offered for rent through the Platform, is not permitted. Maskinmarkedet has the right to remove such content, Advertisements, etc., without notice and block the User's access to the Platform in whole or in part, permanently or temporarily, as such misuse of the Platform is considered a significant breach of the Terms and Conditions.

7. Disclaimer of Liability

   7.1. Regarding the Lease Agreement between Lessor and Lessee, Maskinmarkedet is solely an intermediary and assumes no responsibility beyond providing the Service unless otherwise specified in the Terms and Conditions. The use of Maskinmarkedet's Platform to facilitate Lease Agreements is at the Users' own risk, and Maskinmarkedet is not liable for any damages that may occur during the execution of the work that the Lease Agreement is based on. No employer-employee relationship ever arises between Maskinmarkedet and the User. Maskinmarkedet is not liable for the performance of the Lease Agreement, including any inadequate or delayed delivery.

   7.2. The User understands and agrees that Maskinmarkedet cannot be held responsible for others' use or disclosure of information on the Platform and acknowledges the risk that information about Equipment, User location, contact details, etc., is publicly accessible to Visitors.

   7.3. Maskinmarkedet cannot be held responsible for the (lack of) availability of the Service and Platform, errors, or reduction/absence of the Service's and Platform's functionality, including viruses, technical errors, hacker attacks, and outages of any kind. Furthermore, Maskinmarkedet cannot be held responsible for unauthorized access to Users' data and information by third parties. The Platform is provided "as is" without any guarantees. Maskinmarkedet cannot be held liable for economic loss and consequential damages, including lost earnings or data loss, due to the User's inadequate storage of the password for the Platform.

   7.4. Maskinmarkedet is not responsible for the content on the Platform, including text, information, or links posted by Users. Maskinmarkedet does not editorially review the text posted on the Platform. Maskinmarkedet does not perform background checks on Users and does not guarantee the User's information, creditworthiness, abilities, education, or insurance situation.

   7.5. Maskinmarkedet cannot be held liable for deleting User data or suspending a User due to the User's failure to comply with these terms or suspicion of such failure.

   7.6. Maskinmarkedet's liability is in all cases limited to a financial compensation of no more than the payment received by Maskinmarkedet from the User seeking compensation.

8. Personal Data

   8.1. Maskinmarkedet collects data regarding Users for the purposes of registration, organization, disclosure, and storage to provide the Service, including creating Advertisements, marketing, statistics, and publication, including on Maskinmarkedet's website and social media.

   8.2. The collected data includes:

   8.2.1. The data the User enters on the Platform, including but not limited to:

   8.2.1.1. Identification information (e.g., name, address, CVR number, email address, and phone number).

   8.2.1.2. Payment information (if the User subscribes to Maskinmarkedet).

   8.2.1.3. Copies of Advertisements the User has created.

   8.2.1.4. Copies of correspondence between Users conducted via the Platform.

   8.2.2. Location information.

   8.3. The data processor is Maskinmarkedet, and the User may delete their data at any time by closing their profile on the Platform.

   8.4. The User agrees and acknowledges that their data and its publication on the Platform mean that the User's identity can be recognized. By providing their name, address, email address, CVR number, and phone number, the User consents to this information being publicly accessible to anyone using Maskinmarkedet's platform as a necessary consequence of providing the Service.

   8.5. Maskinmarkedet informs that the User's data will be stored on Amazon Web Services servers and/or on data storage solutions provided by Heroku.

9. Rights Related to Your Personal Data

   9.1. Unsubscribe: You can unsubscribe from future emails by following the unsubscribe links in our emails. You can also unsubscribe by writing to us at team@maskinmarkedet.com.

   9.2. Access: You can access the personal information we have about you by sending a request to team@maskinmarkedet.com.

   9.3. Modify: You can contact us at team@maskinmarkedet.com if you want to modify or update your personal information.

   9.4. Delete: If you wish to delete your personal data, you can contact us at team@maskinmarkedet.com.

10. Tax and VAT

    10.1. It is the User's responsibility to handle the correct tax and VAT processing of services exchanged between Users through Lease Agreements made via the Platform.

11. Terms and Conditions

    11.1.Maskinmarkedet is entitled to amend the Terms and Conditions with 14 days' notice. Any change will be notified to Users by email.

    11.2. The Terms and Conditions, along with the cookie policy (available on Maskinmarkedet's website), constitute the full and final basis for the contractual relationship between Maskinmarkedet and the User.

12. Other Provisions

    12.1. Any dispute between a User and Maskinmarkedet is resolved under Danish law, and the only proper venue is the City Court of Copenhagen.

    12.2. The Service is provided to professional Users, i.e., Users acting mainly within their profession. The Consumer Contracts Act rules do not apply to the Service, see the Consumer Contracts Act § 1, section 1.