Terms & Conditions
This is a Contract/Agreement between member and Mauris Software Solutions Pvt.Ltd. having its Registered Office at D 10/8, Popular Nagar,Warje Malwadi,Pune (here in after referred to as "the Company"). The www.Truckadda.com is on line Portal based division of the Company. (hereinafter referred to as" truckadda.com ").truckadda.com is web portal based services offering site and serives which are being offered are defined elsewhere in this contract.This Contract is effective from the date when member one will first register as member on truckadda.com and the same shall continue until terminated by either party expressly by giving notice.truckadda.com provides and shares information relating to transportation / transportation modes / transportation Transport company, transport agencies, transporters, Freight forwarders, Logistic companies / loading and other connected services without any specific warranty of any specific result/outcome.Truckadda.com may modify this Agreement from time to time at its own discretion. Any alteration in this Contract term shall be effective on sending an alert email to that effect to its member's email address as provided by member from time to time. Members are supposed to check the provisions of this Contract regularly to update its member's accordingly. Its Member's use of truckadda.com site implies its member's acceptance of change in this Contract as affected by truckadda.com from time to time.THIS CONTRACT LIMITS ITS LIABILITY AND ALSO LIMITS ITS MEMBER'S REMEDIES Please read and understand the terms and DISCLAIMER.Eligibility
truckadda.com is India's transportation and logistics information Provider. In order to use the truckadda.com Site ("Site"), person may get himself/herself registered as a member of the Site ("Member") by providing its member's correct and true information as required to be provided in its registration process.truckadda.com can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to member.Services for the purpose of this Agreement means the Services to be provided by the Company to the Member member's of truckadda.com and shall include the provision of following facilities:Service to the Member members wishing to post their information for the purpose of receiving information about the vehicles available or loads available for transportation as described on the site.Member
Service to the member members who wish to place a print advertisement in any of the group publications through www.truckadda.com. Service to the Member member's who wish to publish advertisements at www.truckadda.com Service to the Member members who wishes to receive advertisements and promotional messages on and through emails. Suspension of Services
If any amount payable by the Member to the Company is not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend/discontinue the Service provided to the Member. When the Service subscribed for is suspended /discontinued, it shall be deemed to be terminated. The date shall be such as stipulated by the Company in its communication to member. Upon subsequent payment by the Member of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, restore the Service truckadda.com may at its sole discretion from time to time offer member variety of features and facilities for the service. Information Listing and sharing Fees and Payment The applicable rate for the Service provided shall be such as mentioned in the FEES page or as may be prescribed by the Company from time to time Liability for the information Listing and sharing Fees shall accrue from the date of registration. Where information listing and sharing accrues it shall be payable at or within such time as stated on Fees page or informed by the Company to the Member. The information Listing and sharing fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments or any other mode as made available on site by instructions published on site. The Services will be activated only on realization of the paymentTerm & termination
This Agreement will remain in full force and effect after member first use the Site and become a Member of truckadda.com. truckadda.com reserves its right to change the Service or delete features at any time and for any reason and to cancel or suspend member's membership at any time. Such cancellation or suspension may be without cause and/or without notice. In case of service cancellation, its member's right to use the Service ceases immediately. Once the membership is cancelled or suspended, any data/content member may have stored/submitted to truckadda.com may not be retrieved later. the Company cancels the membership in its entirety without any cause, then member will be entitled for a refund on a pro-rata basis the amount of its member's payment corresponding to the portion of its member's Service remaining right before such cancellation. Member understand that truckadda.com may at any time, at its sole discretion and without prior notice to member, prohibit or restrict its member's access to the use of any or all the services of truckadda.com for reasons mentioned herein elsewhere.Authority to submit information/content on truckadda.com
Member hereby confirm that the Content posted on the site that
(A) Does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy
(B) Does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority
(C) Is not defamatory, libelous, pornographic or obscene
(D) Does not contain viruses or other similar harmful or deleterious programming routines. If member violate this provision member may be penalized up to and including termination of its member's rights to use the service and any other remedies available to truckadda.com by law.
(E) truckadda.com may verify the registration and transaction Data provided by member through its own sites and/or by asking documentary proof electronically mailed to us for any such information submitted by member during registration or thereafter (any time). If member provide any information that is untrue, inaccurate, not current or incomplete, or truckadda.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, truckadda.com has rights to suspend or terminate its member's account and refuse any and all current or future use of the truckadda.com site and its services (or any portion thereof). truckadda.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the truckadda.com Site and the truckadda.com Service.
(F) The Site contains the copyrighted material, trademarks, and other proprietary information of truckadda.com, and its licensors. Except for that information which is in the public domain or for which member have been given express permission by truckadda.com, member may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(G) All lawful, legal and non-objectionable messages (in the sole discretion of truckadda.com), content and/or other information, content or material that member post on the forum boards shall become the property of truckadda.com. truckadda.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content.
(H) Member understand and agree that - truckadda.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of truckadda.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of truckadda.com and/or its Members or any third party. Member is solely responsible for the Content that member publishes, display or submit (hereinafter, "post") on truckadda.com, or transmit to other truckadda.com Members.
(I) truckadda.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, truckadda.com may ask member to provide any documentary or other form of evidence supporting the Content member post on the site. If member fail to produce such evidence within prescribed time, truckadda.com may, in its sole discretion, terminate its member's Membership without any refund and pull out its member's content from the truckadda.com site.
(J) By posting Content to any public area of truckadda.com, member automatically grant, and member represent and warrant that member have the right to grant, to truckadda.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing.
(K) The following is an indicative list of Content that is illegal or prohibited on the Site. truckadda.com will investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending communication from the truckadda.com site and terminating the Membership of such violators without a refund. It includes Content that
a) Is patently offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
b) Harasses or advocates harassment of another person
c) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
d) Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
e) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
f) Displays pornographic or sexually explicit material of any kind
g) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
h) Solicits passwords or personal identifying information for commercial or unlawful purposes from other members
i) Engages in commercial activities and/or sales without its prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
j) Member must use the truckadda.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.
Member will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.Without limiting the foregoing, if member believe that its member's work has been copied and posted on the Site through the truckadda.com Service in a way that constitutes copyright infringement, please provide us with the following information.
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
b) A description of the copyrighted work that member claim has been infringed
c) A description of where the material that member claim is infringing is located on the Site
d) Its Member's address, telephone number, and email address
e) A written statement by member that member have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law
f) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right
g) A statement by member, made under penalty of perjury, that the above information in its member's Notice is accurate and that member are the copyright owner or authorized to act on the copyright owner's behalf.
h) truckadda.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the PUNE address located under the Help/Contact section on the site.
Member is solely responsible for its member's interactions with other truckadda.com Members. truckadda.com reserves the right, but has no obligation, to monitor disputes between member and other Members. truckadda.com also reserves the right to take appropriate action against errant members. However, truckadda.com is not obliged to share such action with other members, including complainants.Privacy
truckadda.com does not endorse any advertiser or any of its products. Any of its member's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the truckadda.com service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between member and such advertiser. Member agrees that truckadda.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.Disclaimers/Limitation of liability Disclaimers
truckadda.com will take all possible measures to avoid any misrepresentation, fraud, illegal and unlawful action/inaction by any person using services of truckadda.com but does not guarantee for any accuracy, correctness and/or reliability of any such information/content or member of truckadda.com. Member is bound to be alert and check the accuracy and correctness of any information submitted by any member on truckadda.com site. Anything provided on this site is only for its member's reference and should not be treated as an advice of truckadda.com and before using or putting into any use of any such advice, or draft document member must consult a Legal practitioner.
Use of the truckadda.com service is at member's own sole risk please note that this contract strictly limits Company's liability and truckadda.com does not provide any warranty for the service. The contract also limits its member's remedies.
truckadda.com shall not be liable or responsible to verify the authenticity of the content posted by the member/members on the site such as, Vehicle Registration details, make, tariff, location, destination, load contents and weight and shall be in no way be responsible for any loss/damages caused to the Member/Members. truckadda.com only provides a platform/medium for communication between the load seeker and vehicle providers. truckadda.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the truckadda.com service, whether caused by member, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any member and/or member of the truckadda.com service whether online or offline.
truckadda.com does not guarantee or confirm the financial capability of any member/members of its services and does not acknowledge any ownership or guarantee for complying with the obligation of any member.
truckadda.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the truckadda.com service, whether caused by members, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any member and/or member of the truckadda.com service whether online or offline.
truckadda.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, member and/or member communications. truckadda.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to member, members and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the truckadda.com site and/or in connection with the Truckadda.com service.
Under no circumstances will truckadda.com be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content/data posted on the truckadda.com site or transmitted to truckadda.com members. The exchange of any information/messages through truckadda.com should not in any way be construed as any offer and/or recommendation from/by truckadda.com.
truckadda.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of truckadda.com . The site and the service are provided "as-is". truckadda.com cannot guarantee and does not promise any specific results from use of the site and/or the truckadda.com service.
truckadda.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Any material downloaded or otherwise obtained through the use of the service is accessed at its member's own discretion and risk, and member will be solely responsible for any damage to its member's computer system or loss of data that results from the download of any such material.
truckadda.com disclaims any liability, whatsoever, arising out of or in connection with the services being offered though this site. The Member shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the Member and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the Member.
truckadda.com shall not be liable for any disclosure of information concerning the Member's account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition truckadda.com shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently
The Company does not warrant that truckadda.com or any of the web sites linked to truckadda.com will be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
truckadda.com is not involved in any transaction between any parties who are using its website. There are risks, which the Member assumes when dealing with people who might be acting under false pretences and the same shall be borne by the Member. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Members, nor does truckadda.com screen or/and censor or/and otherwise control the Members of its service. truckadda.com cannot and does not control the behavior of the participants on this site. We cannot control whether or not Members of truckadda.com will complete the transactions they describe on its site. It is extremely important that the member takes care throughout his dealings with other people on this site. truckadda.com does not accept or/and assume responsibility for the content or/and context of the member comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion. This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.
Member expressly understand and agree that truckadda.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to member or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if truckadda.com has been advised of the possibility of such damages), resulting from:
a) The use or the inability to use the service
b) The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the truckadda.com
c) Unauthorized access to or alteration of its member's transmissions or data
d) Statements or conduct of any third party on the truckadda.com
e) Any other matter relating to the truckadda.com services. not with standing anything to the contrary contained herein, truckadda.com 'S liability to member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by member to truckadda.com, for the service during the term of membership.
Any claim in relation to this agreement or in connection there with shall be filed with opposite party within 24 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the truckadda.com member further agree that the laws of India will govern the disputed matter. Member agrees to the exclusive jurisdiction of the Courts of PUNE, India.Assignment
truckadda.com may assign this contract to anybody with or without notice to member. Member cannot assign this contract to anybody without getting prior written approval/consent of truckadda.com. Any such transfer/assignment by member without getting approval of truckadda.com shall be void.Indemnity
Member agree to indemnify and hold truckadda.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, assignees harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of its member's use of the truckadda.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of its member's representations and warranties set forth above.Notice
Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by member once it is sent to its member's email id updated by member from time to time. Member can send any notice to truckadda.com by registered post address as mentioned in Contact Us section and it shall be deemed as received by truckadda.com only after actual receipt of such notice by truckadda.com.Confidentiality
For the purpose of this Agreement and attachments there to and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Service of a party, which may be supplied to or may otherwise come into the possession of the other, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public. The Party disclosing the Confidential Information under this Agreement is also referred to as the "Disclosing Party" and the Party receiving the Confidential Information under this Agreement as the "Receiving Party".
The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it, except to any of the Receiving Party's Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the Member without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
All information and data submitted by the Member shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the Member unless the requirement is from any Competent Authority. The Member has access to only his own data and information stored in the database at truckadda.com (subject to prior confirmation of identity) and nothing more. The Member may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by the Member, is done at the sole discretion and risk of the Member. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of truckadda.com and the company accepts no responsibility or liability whatsoever for such actions.
All copyright and/or know-how and/or any other related intellectual property rights to the Service or truckadda.com shall become and remain the sole and exclusive property of the Company and the Member shall have no claims to the same. In the event the Member has contributed any content to truckadda.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the Member shall have no right or claim over the same, in any manner whatsoever. In the event that the Member during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action if required, in the given facts and circumstances, the costs and peril of which will lie at the end of the Member.
By becoming a Member of the Site /truckadda.com, member agrees to receive certain specific emails from truckadda.com. Member hereby confirm that as on date of this registration, member do not have any objection to receiving emails, messages and calls from truckadda.com and members of truckadda.com as long as member are a registered member of truckadda.com. This consent shall supersede any preferences set by member with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating the Services member have agreed to avail under this Agreement. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the truckadda.com service, contains the entire agreement between member and truckadda.com regarding the use of the Site and/or the Service.Others If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Member are under an obligation to report any misuse or abuse of the truckadda.com If member notice any abuse or misuse of the Site or anything, which is in violation of this agreement, member shall forthwith report such violation to truckadda.com by writing to customer care.
Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then truckadda.com shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by truckadda.com due to action taken on the basis of such false information/complaint.