WELCOME TO THE TRUCKZINDIA TERMS OF SERVICE
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of truckzindia.com
The domain name www.truckzindia.com (hereinafter referred to as "Website") is owned by Climington Technology Private Limited, a private limited company, having its registered office at 1101, 3rd Floor, Golden Square, 24th Main, J P Nagar 1st Phase, Bengaluru - 560078
The Terms and Conditions of use of Truckzindia.com are to be read carefully before using or obtaining any products, services or content through our website. Access to and use of these website is subject to acceptance of the terms and conditions below which include our Privacy Policy. By accessing, moving past home page, using or obtaining any content, products, or services through these websites shall be taken to mean that you have read and agreed to all of the policies so binding on you and that you are contracting with us and have undertaken binding obligations with the us.
If you do not accept all of these terms, please do not use these websites.
"Truckzindia" or "we" or "us" means Climington Technology Private Ltd., and its subsidiaries, affiliates, successors and assigns.
"You" or "User" means any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website, or any natural or legal person who browses, accesses, or utilises the site, or any of its pages, and includes any natural or legal persons availing the services offered by TruckzIndia through the website.
We hold the sole right to modify the Terms of Service without prior permission from you or informing you. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements. You agree that we shall not be liable to you for any delay or other damages that might result from such modification, suspension or discontinuance. We may also at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. If you continue to use the website following such a change, this is deemed as consent by you to the so amended policies. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, non-sib-licensable limited privilege to enter and use the Website.
By impliedly or expressly accepting these Terms of Service, you also accept and agree to be bound by other Company Policies, inter alia Privacy Policy, and the General Terms and Conditions, which would be amended from time to time.
These Terms of Service are to be read in concurrence with any other agreement or contract that the user has with Climington Technology Private Ltd.
The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
HOW WE OPERATE
Once you login to our site, you shall need to select the “Source” and “Destination” locations, fill up the booking request form, enter the approximate weight, provide details of the items being moved and the date thereof, whether labour assistance may be required, and when the vehicle is required.
ABOUT US
TruckzIndia is a one of its kind service where we provide / facilitate last mile delivery logistics through a variety of vehicles.
SCOPE AND TERM
WEBSITE
These terms govern your use of all Content, Products or Services available through the Site. You agree to be bound by these terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Truckzindia.com and its Providers.
We reserve the right, in our sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Additional Terms may apply when you Purchase Products or Services, or when you participate in special promotions or offers. These additional terms are found in the area of the Site where you will Purchase a Product or Service, or where you will register for a special promotion.
You agree to abide by the terms and conditions imposed by any Provider, including payment of all the amounts when due and comply with all rules and restrictions regarding the availability of Products or Services.
AGE RESTRICTION
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or Purchase the Products or Services available on the Site.
RESPONSIBLE PARTY
You are responsible for maintaining the secrecy of your User Name and Password. In addition, you will be financially accountable for all use of our Site by yourself and anyone using your password and login information. In the event you provide us with false and inaccurate details or we have reasonable reasons to believe you have done so, we hold the rights to permanently suspend your account.
WEBSITE AS AN INTERMEDIARY PLATFORM
The Website is a platform that Users utilize to meet and interact with one another and Vendors for their transactions.
COMMUNICATION
By using this website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from us or our vendors, at any time, on the telephone number / contact information that has been provided by you for the use of this website. We may send booking confirmation, tracking information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking. This includes contacting you through information received from other parties. The use of this website is also your consent to receive SMSs and phone calls from us and our vendors at any time, as we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy.
You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
CHARGES
The membership of this website is free of cost and this includes the browsing of the site. We do however, charge a fee or commission for the services provided when you purchase, book or reserve vendor services through the website. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the website.
The membership of this website is free of cost and this includes the browsing of the site. We do however, charge a fee or commission for the services provided when you purchase, book or reserve vendor services through the website. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the website.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. We shall not be under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. We shall not be under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
INTELLECTUAL PROPERTY AND THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork belonging to vendors (collectively, "Vendor Content"), is a third party user generated content and we have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Service.
This website is the sole and exclusive property of truckzindia.com or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website.
Other than when provided for, the use of any content on the website, and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
The content that you post or provide to truckzindia.com will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide, and you shall not be entitled to any payment or other compensation for such use.
USER OBLIGATIONS
You are a restricted user of this website.
In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide, and all information it contains, and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Hosting of Third Party Information
The website hosts information provided by third parties that is intended for information purposes only. We are in no way responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.
TERMINATION
truckzindia.com, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITHOUT LIMITING THE FOREGOING, THE WEBSITE MAKES NO WARRANTY THAT
LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY
WE SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENDOR OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM OR OTHER SIMILAR CAUSES, PROBLEMS.
YOU AGREE THAT THERE CAN BE EXCEPTIONAL CIRCUMSTANCES WHERE THE SERVICE OPERATORS LIKE MAY BE UNABLE TO HONOR THE CONFIRMED BOOKINGS DUE TO VARIOUS REASONS LIKE CLIMATIC CONDITIONS, LABOR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES ETC.
INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE, OR ANY OTHER ACTION INCURRED BY YOU AS A RESULT OF USING THE WEBSITE OR THE VENDOR SERVICES OFFERED THEREIN.
FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY OR ANY VENDOR DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, YOUR USE OF THE SERVICES OFFERED BY THE VENDOR, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING),
THE LOSS OF LUGGAGE OR ANY OTHER HARM INCURRED BY YOU SUCH AS LOSS OF DATA, LOSS OF EARNING ABILITIES, LOSS OF PROFITS, ANY PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OF MACHINERY, DELAY IN OPERATION, ETC., WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, AND THE SERVICES OR MATERIALS OFFERED ON THE WEBSITE.
SUBJECT TO APPLICABLE LAW, USE OF THIS SITE AND ITS CONTENT IS AT YOUR SOLE RISK. SERVICES AND PRODUCTS MADE AVAILABLE ON THIS SITE ARE SUBJECT TO CONDITIONS IMPOSED BY THE VENDORS, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND CENTRAL GOVERNMENT REGULATIONS. VENDORS WHO FURNISH PRODUCTS OR SERVICES THROUGH THE WEBSITE ARE INDEPENDENT CONTRACTORS, AND NOT OUR AGENTS OR EMPLOYEES.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
IF, DESPITE THE LIMITATION ABOVE, WE OR A VENDOR IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN WE AND THE VENDORS’ LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF INR 5,000.
GENERAL
Your acceptance of these Terms, and your use of the Site do not create a joint venture, a partnership, an employment, or an agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches