Last Updated: November 23, 2022
Version 1.1
Thank you for using Star Macs!
These Terms of Service (“Terms”) are a binding legal agreement between you and Star Macs that govern your right to use the websites, applications, and other offerings from Star Macs (collectively, the “Star Macs Platform”). When used in these Terms, “Star Macs,” “we,” “us,” or “our” refers to Star Macs Sdn Bhd with whom you are contracting.
The Star Macs Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Suppliers” and Members who search for, book, or use services are “Customers.” Suppliers offer machinery rentals (“Services”), activities and a variety of transport and other services (collectively, “Supplier Services,” and each Supplier Service offering, a “Listing”). You must register an account to access and use many features of the Star Macs Platform, and must keep your account information accurate. As the provider of the Star Macs Platform, Star Macs does not own, control, offer or manage any Listings or Supplier Services. Star Macs is not a party to the contracts entered into directly between Suppliers and Customers, nor is Star Macs a machinery rental agency, or insurer. Star Macs is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Star Macs’ role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Star Macs payment department (collectively “Star Macs Payments“).
If you are a Supplier, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Supplier Services.
Table of Contents
Customer Terms
1. Our Mission.
2. Searching and Booking on Star Macs.
3. Cancellations, Service Issues, Refunds and Booking Modifications.
4. Your Responsibilities and Assumption of Risk.
Supplier Terms
5. Providing Rental Service on Star Macs.
6. Managing Your Listing.
7. Cancellations, Service Issues, and Booking Modifications.
8. Taxes.
General Terms
9. Reviews.
10. Content.
11. Fees.
12. Star Macs Platform Rules.
13. Termination, Suspension and other Measures.
14. Modification.
15. Resolving Complaints and Damage Claims.
16. Star Macs’ Role.
17. Member Accounts.
18. Disclaimer of Warranties.
19. Limitations on Liability.
20. Indemnification.
Customer Terms
1. Our Mission
Our mission is to create an healthy business ecosystem where you can enjoy machinery freedom anywhere, anytime. From excavators to cranes to lorries, browse through our variety of Listings to find the ones that fit your job and needs. Learn more about a Listing by reviewing the description and photos, the Supplier profile, and Customer reviews. If you have questions, just contact the Supplier.
2. Searching and Booking on Star Macs.
2.1 Searching. You can search for Supplier Services by using criteria like the type of Machinery, jobsite location, machinery category and Supplier company. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Star Macs via Star Macs Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Supplier Services (a “Reservation”) is formed directly between you and the Supplier. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Suppliers work with a co-Team or as part of a team to provide their Supplier Services.
2.3 Machinery Rental Reservations. A Machinery Rental Reservation is a limited license to use the Machinery. The Supplier retains the right to involve and re-operate the Machinery during your rental period, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Supplier, and (iii) consistent with applicable law. If you work past rental period, the Supplier has the right to mobilize back the machinery in a manner consistent with applicable law, including by imposing reasonable overtime costs. You may not exceed the maximum load and specifications of the machinery.
2.4 Reservations for Other Supplier Services. An other Supplier Service Reservation entitles you to participate in, attend, or use that Supplier Service. You are responsible for informing the Supplier of any work conditions, or other circumstances that may impact the completion of job. Except where expressly authorized, you may not allow any person or company to join a Supplier Service unless they are included as an additional customer during the booking process.
3. Cancellations, Service Issues, Refunds and Booking Modifications.
3.1 Cancellations, Service Issues, and Refunds. In general, if as a Customer you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Supplier cancels, or you experience a Service Issue (as defined in our Customer Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Customer Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.
3.2 Booking Modifications. Customers and Suppliers are responsible for any booking modifications they agree to make via the Star Macs Platform or direct Star Macs customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4. Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Machinery Rental Order or other Host Service. For example, this means: (i) you are responsible for returning a Machinery in the condition it was in when start work, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your customer(s), or your team(s) cause to a Machinery, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional customer who is a minor or if you bring a minor to a Supplier Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities and jobs carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Star Macs Platform and any Content (as defined in Section 10), including your order of any Machinery Rental, use of any other Supplier Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Supplier Service to determine whether it is suitable for you. For example, Supplier Services may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Supplier Services.
Supplier Terms
5. Providing Rental Service on Star Macs.
5.1 Supplier. As a Supplier, Star Macs offers you the right to use the Star Macs Platform to share your Machinery or other Supplier Service with our community of Customers – and earn money doing it. It’s easy to create a Listing and you are in control of how you Supplier – set your price, availability, and rules for each Listing.
5.2 Contracting with Customers. When you accept a booking request, or receive a booking confirmation through the Star Macs Platform, you are entering into a contract directly with the Customer, and are responsible for delivering your Supplier Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Star Macs’ service fee (and applicable taxes) for each booking. Star Macs Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Customers must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Suppliers. Your relationship with Star Macs is that of an independent individual or entity and not an employee, agent, joint-venturer, or partner of Star Macs, except that Star Macs Payments acts as a payment collection agent as described in the Payments Terms. Star Macs does not direct or control your Supplier Service, and you agree that you have complete discretion whether and when to provide Supplier Services, and at what price and on what terms to offer them.
6. Managing Your Listing.
6.1 Creating and Managing Your Listing. The Star Macs Platform provides tools and supplier backend dashboard that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Supplier Service, your price, other charges like transport fees, deposit fees and any rules or requirements that apply to your Customers or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Supplier Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Machinery.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Supplier Services. For example: Some driving and machinery operating rules that formed by the Government. Some jurisdictions require Suppliers to register, get a permit, or obtain a license before providing certain Supplier Services (such as machinery rental business license, operator license, operating a machinery). Check the local rules to learn what rules apply to the Supplier Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Customers and others in compliance with applicable privacy laws and these Terms, including our Supplier Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Star Macs Platform depends on a variety of factors, including these main parameters:
- Customer search items (e.g. machinery name, location),
- Listing category,
- Customer preferences (e.g. vendor company).
Star Macs may allow Suppliers to promote their Listings in search or elsewhere on the Star Macs Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any).
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Supplier Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Star Macs Platform. Do not encourage Customers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Star Macs Platform in violation of our Off-Platform Policy.
6.5 Supplying as a Team or Organization. If you work with a co-Team or supplier as part of a team, business, or other organization, the entity and each individual who participates in providing Supplier Services is responsible and liable as a Supplier under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Star Macs to transfer a portion of your payout to a co-Team or other Suppliers, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk. You acknowledge that supplying carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Star Macs Platform, offering Supplier Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Star Macs Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Supplier Services.
7. Cancellations, Service Issues, and Booking Modifications.
7.1 Cancellations and Service Issues. In general, if a Customer cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a supplier, you should not cancel on a Customer without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Customer without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Customer experiences a Rental Issue (as defined by the Customer Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Customer, and by any other reasonable costs we incur as a result of the cancellation. If a Customer receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Star Macs exceeds your payout, Star Macs (via Star Macs Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Star Macs’ Customer Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Customers. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. See each Policy for details about what is covered, and what your payout will be in each situation.
7.2 Booking Modifications. Suppliers and Customers are responsible for any Booking Modifications they agree to make via the Star Macs Platform or direct Star Macs customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Supplier Taxes. As a Supplier, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable SST or other indirect taxes, government taxes, income, or other taxes (“Taxes“).
General Terms
9. Reviews.
After each Supplier Service, Customers and Suppliers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Star Macs for accuracy and may be incorrect or misleading.
10. Content.
Parts of the Star Macs Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Star Macs the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Star Macs may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Star Macs does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
11. Fees.
Star Macs may charge fees (and applicable Taxes) to Suppliers and Customers for the right to use the Star Macs Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Star Macs Platform, service fees are non-refundable. Star Macs reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12. Star Macs Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Star Macs Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Star Macs Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Star Macs Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Star Macs Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Star Macs Platform.
- Only use the Star Macs Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Star Macs Platform as authorized by these Terms.
- Do not use the Star Macs Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the Star Macs Platform solely as necessary to enable your use of the Star Macs Platform as a Customer or Supplier.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the Star Macs Platform to avoid paying fees, taxes or for any other reason.
- Do not require or encourage Customers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Star Macs.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Supplier Services unless you are actually using the Supplier Services.
- Do not use, copy, display, mirror or frame the Star Macs Platform, any Content, any Star Macs branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
- Do not organize or facilitate unauthorized activities or events. You are responsible and liable for any activity or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.
- Do not use the name, logo, branding, or trademarks of Star Macs or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Star Macs branding.
- Do not offer Supplier Services that violate the laws or agreements that apply to you.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Star Macs. In addition, if you believe that a Member, Listing or Content has violated our terms, you should report your concerns to Star Macs. If you reported an issue to local authorities, Star Macs may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Star Macs Platform infringes copyrights, please notify us.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Star Macs reflected by these Terms is effective when you access the Star Macs Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Star Macs may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Star Macs may also terminate this agreement immediately and without notice and stop providing access to the Star Macs Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Star Macs, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Star Macs believes it is reasonably necessary to protect Star Macs, its Members, or third parties; Star Macs may, with or without prior notice:
- suspend or limit your access to or use of the Star Macs Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Star Macs determines in its sole discretion, you will be given notice of any intended measure by Star Macs and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Supplier will be reduced by the amount we refund or otherwise provide to the Customer, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Star Macs may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Supplier and terminate your Star Macs account, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you terminate your account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Star Macs Platform has been limited, or your Star Macs account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Star Macs Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
14. Modification.
Star Macs may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Star Macs Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Star Macs Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your customer(s), or your employee(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, (“Damage Claim“), the complaining Member can notify Star Macs. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Star Macs and Star Macs determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Star Macs via Star Macs Payments can collect the amount of the Damage Claim from you. You agree that Star Macs may seek to recover from you under any insurance policies you maintain and that Star Macs may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Star Macs requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Supplier Services.
16. Star Macs’ Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Supplier Services. While we work hard to ensure our Members have great experiences using Star Macs, we do not and cannot control the conduct of Customers and Suppliers. You acknowledge that Star Macs has the right, but does not have any obligation, to monitor the use of the Star Macs Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Star Macs Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Star Macs administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for suppliers), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Star Macs in good faith, and to provide Star Macs with such information and take such actions as may be reasonably requested by Star Macs with respect to any investigation undertaken by Star Macs regarding the use or abuse of the Star Macs Platform. Star Macs is not acting as an agent for any Member except for where Star Macs Payments acts as a collection agent as provided in the Payments Terms.
17. Member Accounts.
You must register an account to access and use many features of the Star Macs Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Star Macs Platform under the laws of the Malaysia, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Star Macs if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or their local equivalents.
18. Disclaimer of Warranties.
We provide the Star Macs Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Customer, Supplier, Supplier Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Star Macs Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Star Macs has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
19. Limitations on Liability.
Neither Star Macs (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Star Macs Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Star Macs Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Star Macs Platform, or (iv) publishing or booking of a Listing, including the provision or use of Supplier Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Star Macs has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
These limitations of liability and damages are fundamental elements of the agreement between you and Star Macs. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Star Macs’ option), indemnify, and hold Star Macs (including Star Macs Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Star Macs Platform, (iii) your interaction with any Member, use of a Supplier’s Machinery, participation in an Experience or other Supplier Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.