Terms of Use

Truck Dial Terms of Use

This agreement has been written in English (India). To the extent any translated version of this agreement conflicts with the English version, the English version shall prevail over such translated version. The opinion of Truck Dial as to the conflict and the binding value of this English version shall be final and binding.

For the purposes of the Information Technology Act, 2000 (and its statutory modifications and amendments from time to time), this agreement is an electronic record. No physical or digital signatures or other form of authorisations are required on this electronic record since this is a computer generated electronic record.

The Terms of Use will govern and apply to the use of all services and for access to any and all part(s) of Truck Dial (the "Terms"). Access to Truck Dial or any part thereof may include all or any of the following: information, graphics, documents, applications, advertisements and materials uploaded or downloaded by you, our partners, associates or anyone else authorised by us. For the purpose of the Terms and wherever the context so requires, "you" with all its grammatical variations and cognate expressions, shall mean any natural or legal person who has agreed to become a member of Truck Dial by providing necessary data for signing up on the website and who is eligible to form a legally binding contract in terms of the Indian Contract Act, 1987.

These Terms contain twenty sections and you can jump to each by selecting the links below:

  1. Scope
  2. Eligibility
  3. Creation of Account and Obligations
  4. Passwords
  5. Privacy
  6. Spam
  7. Responsibility for Online Content
  8. Services & Restrictions on Use of Services
  9. Special Provisions for Businesses
  10. Copyrights and Intellectual Property Rights
  11. Links, Logos and External Resources
  12. Indemnity
  13. Changes to the Terms
  14. General Legal Terms
  15. Applicable Laws and Jurisdiction
  16. Arbitration
  17. As-Is Services
  18. Limitation of Liability
  19. Waiver and Severability
  20. Disclaimer
  1. 1. Scope

1.1 The Terms will govern your use of, and access to, Truck Dial. By accepting the Terms, you are contracting with Truck Dial Private Limited, a private limited company, incorporated under the Indian Companies Act, 1956 (the "Company"). The Terms constitute your binding obligations towards the Company.

1.2 Truck Dial reserves the right to change any or all the Terms as herein contained as per its requirements from time to time. In the event of such change and subsequent change(s) to the Terms, the Terms shall be deemed to have been suitably amended, modified and updated so as to be applicable to such changes.

1.3 Truck Dial may provide all or any of its services either free-of-cost or on a subscription basis or a combination of the two, and reserves the right to introduce, increase, reduce or abolish the subscription fee for any or all the services provided by it from time to time.

1.4 Any or all services may be stopped by Truck Dial at any time without the obligation to notify any user or their assigns.

1.5 Our services may include advertisements by partners or through partner companies and we may use behavioural or usage information to display relevant content or information based on the analysis of this information by us or by our partners.

1.6 At times Truck Dial may not be available due to upkeep and maintenance purposes for which Truck Dial shall not be bound to give reasonable intimation. Any such intimation, if given, will only be posted on Truck Dial and no individual intimation will be given to you or any of its users.

1.7 While no upper limit on the number of transactions you may do through the services or on the amount of storage space used for the provision of any service has been set, such fixed upper limits may be set by Truck Dial at any time, at Truck Dial’s sole and absolute discretion.

1.8 Truck Dial may give you an option to invite your business and personal contacts from your email account(s) by way of an automated link. By using this option and feeding in your email address(es), you authorise Truck Dial’s automated engines to scan through your address book and to give you suggestions as to contacts that you may wish to invite. Truck Dial shall have no obligations or liabilities either towards you or any contacts invited by you by using Truck Dial’s automated engine.

1.9 Your acceptance for use of the services is deemed as soon as you have signed up and are using Truck Dial. This acceptance includes the responsibility to accept actions done by, for and on behalf of you and/or any and all business entities you represent using your registered account. If any of these entities are registered and have separate accounts on Truck Dial, it will not prejudice your conduct and use of the services, directly or on their behalf.  

1.10 Truck Dial provides hosting services to its users and persons browsing or visiting the website. All items published and listed and the contents therein are published and listed by the users and are third party user generated contents. Truck Dial neither originates nor initiates the transmission nor selects the sender and/or receiver of the transmission nor selects nor modifies the information contained in the transmission.

1.11 You acknowledge that certain parts of Truck Dial will be available for public viewing (to those who are not registered on the website or are not part of your Truck Dial network) and as such, certain basic information can be accessed by such persons. Such information and content may be accessible through searches on a search engine. By using Truck Dial, you expressly consent such search engines to source your information and display such information on the search engine’s website.  

  1. 2. Eligibility

2.1 Use of Truck Dial is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. As per the Indian Contract Act, a person is eligible to form a legally binding contract if and only if such person is of 18 years or more, of sound mind and is not disqualified from contracting by any law to which such person is subject to. Truck Dial reserves its right to cancel or terminate your registration if it is brought to its knowledge, or has a reason to suspect or believe that an account has been created by a person who is not competent to contract as per the Indian Contract Act, 1872.

  1. 3. Creation of Account and Obligations

3.1 You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities that occur under your username and password. Truck Dial shall not be responsible for the loss of your password. While Truck Dial’s automated engines may assist you in recollection/retrieval of your password, Truck Dial does not warrant that your password will be retrieved.

3.2 All information about your business and about yourself as provided on Truck Dial shall always be true, correct, complete and accurate and the same shall be updated by you from time to time so as to keep it relevant and applicable to you.

3.3 If you provide any information that is untrue, inaccurate, not current or incomplete or Truck Dial has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, Truck Dial has the right to indefinitely suspend or terminate your registration with Truck Dial and refuse to provide you with access to Truck Dial.

3.4 You are responsible for all the content (including messages, updates and files) that you post on Truck Dial and must ensure appropriateness and conform to the guidelines in this as well as other documents relating to the Terms. This includes the responsible use of Truck Dial. It is deemed that you accept the Terms and all other policies by signing up for and using Truck Dial, and that this is a legally binding agreement under the laws of the Republic of India and any other applicable jurisdiction.

3.5 You shall ensure that there is no unauthorised disclosure of your financial position. In the event that any such financial data is disclosed, Truck Dial shall not be responsible for actions taken by users based on such disclosure, authorised or otherwise, of your financial position.

3.6 You may deactivate your account at any time you desire. However, you agree and understand that information such as your name, contact details and profile picture uploaded by you, will be stored in our database for a certain period of time. At no point of time will such information or any part thereof be available to third parties without your consent.

3.7 You may promote a business under your login if you are an authorised representative of the

business. However, Truck Dial shall have no obligation to distribute the content under such login to

other users.

3.8 You will not create more than one personal profiles. If you have created more than one login, Truck Dial reserves the right to delete/disable such additional, or all logins, at its sole discretion. Further, you will not share your password, let anyone else access your account, or do anything else that may jeopardise the security of your account.

3.9 The login created by you cannot be transferred.

3.10 Under your account, you agree that you shall not carry on any activity which is contrary to, and in violation with, the laws in India.

  1. 4. Passwords

4.1 While any business or person with a valid internet connection can visit the homepage of Truck Dial, access to certain files and features of Truck Dial are only available to businesses and persons who are registered users. Registered users are required to login using their username and password connected therewith.

4.2 You are urged to create and use a “strong” password for your account and we state that this is a necessary requirement for your use of Truck Dial. We recommend that you create your password using a combination of alphabets (uppercase-lowercase combinations), numerals and symbols, keeping the length to 6 or more characters.

4.3 Keep your password safe and secure as all activities carried out in your account and under your username and password is your responsibility and Truck Dial is not liable for any damage, loss or claims arising out of such actions that may be a result of misuse of your account.

  1. 5. Privacy

5.1 During the course of your association with Truck Dial, you will be providing and sharing information with us. Any information shared with us is subject to our Privacy Policy and the terms, guidelines and requirements set out therein will govern the collection, usage and disposal of the same. Since you have consented to use Truck Dial which is deemed by your acceptance of the Terms, you understand that any information you provide may be stored on systems that may be located in India or any other country where our hosting provider is located and that you accept and recognise that Truck Dial has reasonable controls in place to ensure its security. Truck Dial does not sell or rent your business and/or personal information to third parties for marketing purposes or any other purpose. In case that it is required to, Truck Dial shall not do so without your explicit consent. The information will be used only in the manner as described in the Privacy Policy. Truck Dial understands that you and your information are one of our most important assets. Truck Dial uses the best possible physical as well as technological security devices with a view to protect your information in its entirety. If you object to your information being transferred or used in this way please do not use Truck Dial.

5.2 By signing up and accessing the services provided, you confirm that you have read and accept all the terms of our Privacy Policy.

  1. 6. Spam

6.1 Truck Dial supports zero tolerance for spam and any user account found in violation will be suspended immediately. We do not spam any members nor do we share user information with marketing companies or spammers.

6.2 Truck Dial may send out emails to users as part of our operational requirements to make service and administrative announcements. We may also send out promotional emails to users advertising our services and business or that of our partners. However, these mailers are low volume and would be sent out following responsible marketing and presentation norms.

  1. 7. Responsibility for Online Content

7.1 You are solely and completely responsible for the content you are posting online with respect to its appropriateness, legitimacy and ownership. By using Truck Dial, you agree to accept, unconditionally, the complete liability for any action arising from your use of the services due to the nature of the content posted by you. In addition, you agree, unconditionally, to indemnify Truck Dial from any liability or cost arising from any action or inaction by you.

7.2 We retain the right to remove any and all content reported to be offensive or in violation of the

rights of any organisation, entity or person. Such action will be taken by us or our agents without any notice to any party involved and any account(s) in violation will be suspended and the owners of such accounts will be banned from using our services. Reinstatement of your content or account can occur only after submission of adequate evidence and action from your end confirming that there is no violation and that the charges are unsubstantiated.

7.3 You may not post any content that is pornographic, offensive to any organisation, entity or person, or plagiarised, copied or stolen or inappropriate to the nature and objectives of Truck Dial services or is prohibited content.

7.4 As part of its business promotion and advertising activities, Truck Dial may copy, reproduce or display content from active accounts (excerpts only and duly sanitised) and you agree to allow the unconditional and appropriate use of the same by Truck Dial. You are free to deactivate your account at any time, subject to clause 3.6 herein above.

7.5 While we do not monitor or control the content that you post online, we do conduct periodic audits and rely on user feedback to be informed about the same. Allowing the posting of your content on Truck Dial does not imply that we support, endorse or promote your statements or that we support you in any manner. Truck Dial is designed to provide a business platform and we are not to be held responsible for the practices and promotions of the users using our website. You are urged to conduct your due diligence and conduct necessary checks before engaging with any other organisation, entity or person.

7.6 Truck Dial shall not be bound to pre-screen, review, flag, filter, modify, refuse or remove any or all content from its website. You understand that by using Truck Dial, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use Truck Dial at your own risk.

7.7 Truck Dial communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms Truck Dial has no control over content, the accuracy of such content, integrity or quality of such content and the information on our pages, and material on the Platforms may include technical inaccuracies or typographical errors, and we make no guarantees, nor can we be responsible for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other intellectual property rights compliance, or any resulting loss or damage. Further, we are not liable for any kind of damages, losses or action arising directly or indirectly due to any content, including any errors or omissions in any content, access and/or use of the content on the Platforms or any of them including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc.

7.8 All of the data on products and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or promotion. You should use discretion while using the Platforms .

7.9 Truck Dial reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

7.10 All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Truck Dial. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

  1. 8. Services & Restrictions on Use of Services

8.1 You are permitted to use Truck Dial only if you accept the Terms, the Privacy Policy and any additional legal guidance and terms that are available on the website and/or may be communicated from time to time.

8.2 You may not access, download, use or modify the content, software, products or services provided on Truck Dial in violation of the applicable laws of the land and any applicable regulations and practices of good use. Modification or any change is permitted only to the extent allowed by the website application.

8.3 Under no circumstances will you or any of your appointed representatives, contractors, associates or any third-party entities appointed by you or associated with you, try to conduct any network scans or attempt to do a vulnerability assessment or penetration test of the application and underlying infrastructure.

8.4 We reserve the right to deny access to the services, terminate any account(s) without assigning reasons, reset passwords, and disclose business or personal information (including content) in response to legal requests from any national or international law enforcement authorities or government.

8.5 Prohibited content includes but is not limited to:

(A) Postings which offer comment to a particular religion or caste or race or gender or political party; or

(B) Postings which are comments on any matter which is sub judice before any court of law; or

(C) Postings which are of the nature of libel and or defamation; or

(D) Postings which encourage and/or instigate users to involve in illegal activities; or

(E) Postings which are in the nature of rumours and which are not supported by any source of official information/communication.

8.6 Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Truck Dial or its affiliates. Truck Dial does not make any representations regarding the availability and performance of its Platforms or any of the external websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Website or other Platforms, your browser automatically may direct you to a new browser window that is not hosted or controlled by Truck Dial.

8.7 Truck Dial and its affiliates are not responsible for the content, functionality, authenticity or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to any of our Platforms, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding relationship.

8.8 Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Materials on our Platforms, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

8.9 All those sections in the Platforms that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Truck Dial will at no point of time be responsible for the accuracy or correctness of such information. Truck Dial reserves the absolute right to accept/reject information from readers and/or advertisements from advertisers and impose/relax Platforms access rules and regulations for any user(s).

8.10 Truck Dial also reserves the right to impose/change the access regulations of the Platforms , whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

8.11 While every attempt has been made to ascertain the authenticity of the content in the Platforms, Truck Dial is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of data, revenue, profits, property, infection by viruses etc.

8.12 There shall be no cancellation of payments made via online payment (except for payments through Cheque / Demand Draft). Cancellation requests for orders placed via Cheque/ Demand Draft can be made only before such payment is realized by Truck Dial. In case Truck Dial receives a payment for a failed transaction, Truck Dial shall refund the same. However, Truck Dial offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Such refunds involve the multiple organizations where Truck Dial does not have any control; Truck Dial shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The payment of refunds for this shall be at sole discretion of Truck Dial. Truck Dial is not obliged to make any refund under whatsoever circumstances.

8.13 Some sellers may include tracking information in their email to you. Also, some sellers may include the option of paying for insurance to protect your item against loss or damage. If you pay online, sellers are required to provide shipping details. When the seller has shipped the item you will receive an email with the shipping details. You can use these details to track your item from the relevant courier web site.

8.14 If you have a problem with shipping, we recommend that you contact the seller and the shipping company. If you still don’t receive the item, our Help Desk can help you work out the problem with the seller. Sellers can charge reasonable shipping and handling fees to cover the costs for mailing, packaging, and handling the items that they sell. As a buyer, to avoid possible problems or misunderstandings, consider the shipping costs and shipping services before you buy an item. Be sure to review the item description carefully for any additional information. If you have any questions about shipping, contact the seller before you buy the item.

8.15 Goods transportation is a one of risky services, which has done with excessive precaution and thorough accurateness. It is process of movement goods from one location to another or from one country to another. Several of reputed transportation service providers in India are offering relevant goods transportation services successfully. They help to shift your freight to a diverse region as well as different country and continue successful track record at all times. 

8.16 We record information about your location and cell phone each time you access the GPS service or the partner branded versions of the service. The GPS service maintains a database of such data and may keep them indefinitely for service enhancement purposes. We may also receive data from your GPS devices associated with your account and wireless devices periodically for the purpose of improving our services. Some of our solutions include the option to send your location and other data to a third party, transmitted over the internet or SMS text messages. We keep track of these location exchanges, and may store this sort of data indefinitely. In case of some of our applications we may keep these pieces of information until you choose to change them or to delete your account. Upon the termination of our services all of your private data will be wiped. All information regarding you in connection with a particular event will remain available within the applicable service but only in connection with the actual event itself. Other types of submitted data will be removed from the applicable service, and will not stay available to the other members of the service. Your private data will be removed from your profile after deletion and stored location data will be made anonymous for further usage. Your private details may be stored for a limited amount of time.

8.17 Truck Dial Errand Service

  • Truck Dial Errand Service’s normal hours are 08.30 – 18.00 Monday to Friday. Where Truck Dial Errand Service is required to provide Services outside of these hours Truck Dial Errand Service shall be entitled to make an extra Charge to the Client for this reason, and the same shall be notified to the Client ahead of time. Outside normal hours, the Client may reach Truck Dial Errand Service by telephone, voice, or e-mail. Truck Dial Errand Service will respond to all messages left by the client as soon as possible.
  • Telephone calls between Truck Dial Errand Service and the Client may be recorded and monitored from time to time.
  • Truck Dial Errand Service shall provide the Services to the Client subject to these conditions or such other conditions as may be agreed in writing between Truck Dial Errand Service and the Client.
  • The Service permits the Client to instruct Truck Dial Errand Service to facilitate errands for or on the behalf of the Client. This may involve the pick up and/ or delivery of personal or other items, messages or goods. Truck Dial Errand Service may decline to run an errand which it deems immoral or unlawful.
  • Truck Dial Errand Service has a weight restrictions as applicable to all carriages. Outsize items may attract an extra charge or be declined to be carried by Truck Dial Errand Service.
  • The turnaround time for normal errands (errands requiring no waiting, within Truck Dial Errand Service area of coverage, not encumbered by other agreements e.g. specified ‘time-bound’ and ‘urgent’) is 24 hours. However Truck Dial Errand Service intends to facilitate all errand requests within the same working day, if such request has been received by Truck Dial Errand Service by the errand reception-cut-off time as decided from time to time. Requests received after the cut-off time may be facilitated the following working day.
  • Where Truck Dial Errand Service is unable to run any errands it will inform the client as soon as is reasonably possible.
  • Subject to any special terms agreed, the client shall pay Truck Dial Errand Service the charge and any additional sums agreed between Truck Dial Errand Service and the client for the provision of the Services.
  • Truck Dial Errand Service shall be entitled to vary the charge from time to time and shall communicate any such changes to the client before any payment is made.
  • Truck Dial Errand Service shall be entitled to invoice the client for any incidental costs incurred during the facilitation of the client’s request, including costs from unexpected delays, toll charges etc.
  • All payments made to Truck Dial Errand Service via Credit Card transactions are liable to handling charges which will be added to the total sum owed to Truck Dial Errand Service by the client.
  • The charge and any additional sum due shall be paid by the client (without any set off, counterclaim or other deduction) in advance.
  • A late payment penalty will be payable to Truck Dial Errand Service should payments not be received by Truck Dial Errand Service within the prescribed time.
  • Services provided by Truck Dial Errand Service are provided expressly for the Client or any person or group named by the Client to receive the Service.
  • The Client shall not request of Truck Dial Errand Service to run errands which are immoral or unlawful in nature.
  • The Client shall endeavour to provide Truck Dial Errand Service with as much detailed information as possible regarding their request in order for Truck Dial Errand Service to provide excellent service.
  • The Client shall not ask Truck Dial Errand Service to run errands to, from and for people or places where Truck Dial Errand Service staff or associates may experience any form of abuse, bodily harm or death.
  • If the Client should request that Truck Dial Errand Service use the Client’s credit card and /or credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of such authorization (in such form as Truck Dial Errand Service shall request) for Truck Dial Errand Service to use any such credit facility. The Client acknowledges and agrees Truck Dial Errand Service shall have no liability or be responsible in any way whatsoever in respect of the use of the Client’s credit card and /or other credit card facilities provided that Truck Dial Errand Service acts in accordance with the instructions issued by the Client in relation thereto.
  • When the Client has entered into an agreement with Truck Dial Errand Service by assigning an errand and making payment for same, requests for refunds may only be accommodated in the following circumstances:
  • where Truck Dial Errand Service has not already begun to process the request.
  • where the errand does not require same day facilitation, in which case a minimum 24hour notice period by the Client is applicable.
  • Without prejudice to any other rights and remedies available, Truck Dial Errand Service shall have the right to terminate the Contract for the provision of all or any of the Services upon written notice if the Client commits a serious breach of these conditions.
  • Truck Dial Errand Service shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Truck Dial Errand Services.

8.18 As a registered member, you may list commercial vehicle for sale on the site. You must be legally able to sell the commercial vehicle(s) you list for sale on our site. Listings may only include text descriptions, graphics and pictures that describe your commercial vehicle for sale. All listed commercial vehicles must be listed in an appropriate category on the site. Soliciting business offline or outside of the site, by indicating your contact details (e.g. contact phone number, address or e-mail address) in the commercial vehicle listing or elsewhere on the site other than in the Sell Commercial vehicle Form is expressly prohibited and would be considered as a breach of the User agreement. All listed commercial vehicles must be kept in stock for successful fulfillment of sales. The listing description of the commercial vehicle must not be misleading and must describe actual condition of the product. If the commercial vehicle description does not match the actual condition of the commercial vehicle, you agree to refund any amounts that you may have received from the buyer.

8.19 Truck Dial strongly advises you not to test the site with false purchases request, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Willfully entering erroneous or fictitious purchase request may result in prosecution by Truck Dial. Please be aware that even if you do not give Truck Dial your real name, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. As a buyer you certify that all information provided by you against your listed commercial vehicle is true.

  1. 9. Special Provisions for Businesses

9.1 A separate login may be created for a business only by authorised representatives of the business.

9.2 All information provided by such authorised representatives shall be deemed to have been provided by the business and Truck Dial shall assume no liability for any misstatement and/or erroneous statement.

9.3 All activities done by the authorised representatives shall be deemed to have been done by the business and such authorised representatives shall be deemed to be an “agent” of the business.

9.4 The business and its authorised representatives shall ensure that no information is provided which is a misrepresentation of facts, comment on the product(s), services or performance of any competitor or other business.

9.5 In the event of breach of any of the Terms by a business and/or its authorised representatives, then in that case, in addition to other remedies that Truck Dial may have under law, the business and its authorised representatives shall jointly and severally indemnify and keep indemnified at all times Truck Dial, the Company and its subsidiaries, affiliates, its directors and employees from and against any loss or damage caused to or suffered by such entities and individuals because of misrepresentation by the business and/or its authorised representatives.

  1. 10. Copyrights and Intellectual Property Rights

10.1 Truck Dial services provide users with a platform to present their business and it is expected that all representations are the property of the users who are presenting the same. We strongly support intellectual property rights and believe that this extends to ideas and plans, including content, statements, presentations and representations.

10.2 By providing your contact and other details, including your username and profile picture, you shall be deemed to have authorised the website to send emails (whether regular or otherwise) to you.

10.3 Similarly, by uploading a profile picture, you hereby warrant to Truck Dial that such profile picture is not obscene, vulgar, opposed to the sentimentality, religious or otherwise, of other users and the general public, opposed to public policy, is of a nature which has an effect of infringement of any copyright or other intellectual property right of any other entity or person or is prohibited content as mentioned in clause 8.5 herein above.

10.4 Further, by providing information such as your username and profile picture, you hereby expressly authorise Truck Dial and other users to send emails to you and to use your profile picture on multiple links, chats, history, discussions and other articles posted by you on the website.

10.5 You expressly authorise Truck Dial to use any or all of your details and profile picture in its “client list” or “user list” or such other collective database used and maintained by Truck Dial and displayed on the website. By sharing your details and profile picture you hereby grant Truck Dial a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use any of the intellectual property rights in the said profile picture. Such licence shall be valid until the time your account is deactivated either by you or by Truck Dial.

10.6 Any notice of infringement will be treated seriously by us and will result in removal of the user content until the issue is resolved. However, we also believe in not accepting frivolous claims, so if you believe your intellectual property rights have been infringed upon, you may report the same to us along with supporting documentation proving your ownership. Any such claims must provide your full name, designation, business name, business registration information, contact details and the manner in which you think that your intellectual property rights have been infringed. Acceptance of such claims/disputes and resultant action will be at the sole discretion of Truck Dial management.

  1. 11. Links, Logos and External Resources

11.1 The Truck Dial logo and symbol may be used online by affiliate websites and content providers only for the purpose of providing a hyperlink to the Truck Dial website. Any other use must be authorised by Truck Dial management and inappropriate or unauthorised use will result in legal action. Under no circumstances can the colours or proportion of the logo and/or the symbol be changed and any such variation will be considered to be unauthorised usage and infringement.

11.2 The content posted online may contain links to third-party websites or resources. We are not responsible for the content, availability or accuracy of any third-party website links provided. Users are responsible for the links provided by them as part of their content. Any risk arising from the action of following a link will be the responsibility of the user and in no way will Truck Dial be liable for any damage or for any other reason.

  1. 12. Indemnity

12.1 You indemnify and hold harmless Truck Dial, the Company and its subsidiaries, affiliates, third parties and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms and/or the Privacy Policy or your violation of any laws, rules or regulations or the rights of a third party.

  1. 13. Changes to the Terms

13.1 Truck Dial may review and update these Terms and other related guidance periodically and as appropriate. Your continued use of Truck Dial after such changes are made constitutes your consent to the revised Terms. If you do not wish to consent to the revised Terms, then you should discontinue your use of Truck Dial and notify us of your decision by deactivating your account.

  1. 14. General Legal Terms

14.1 None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and Truck Dial and you shall have no authority to bind Truck Dial in any manner whatsoever. 

14.2 If any clause of the Terms shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms.

14.3 The Terms set forth the entire understanding and agreement between you and the Company with reference to the matter hereof.

  1. 15. Applicable Laws and Jurisdiction

15.1 All matters relating to your access to, and use of, Truck Dial shall be governed by the Information Technology Act, 2000 and applicable laws in the Republic of India.

15.2 Any legal action or proceeding relating to your access to, or use of, Truck Dial shall be instituted in the courts of Mumbai, India. You and Truck Dial agree to submit to the jurisdiction of Mumbai without regard to or the application of the law and its provisions in your country of residence, agreeing that the venue is proper and that you waive any statement of inconvenience of the location.

  1. 16. Arbitration

16.1 Any disputes arising from the use of the website, whether involving Truck Dial or not and in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms, shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Truck Dial. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996 shall govern the arbitration proceedings, which shall be in the English language.

  1. 17. As-Is Services

17.1 Except where expressly provided otherwise by Truck Dial or the website, the services and all content, materials, information, software and products are provided on an "as is" and "as available" basis.

17.2 Truck Dial expressly disclaims 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.

17.3 Truck Dial makes no warranty that the website will meet your requirements or that it will be available on an uninterrupted, timely, secure or error-free basis.

17.4 Any business contacts, content, materials or information accessed or otherwise obtained through the use of Truck Dial is done solely at your own discretion and risk. We make no warranty of, and disclaim any and all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the website or any content, provided by us, by you or by any party.

17.5 Truck Dial shall have no responsibility for any damage to your computer system(s), loss of data that results from the use of Truck Dial or its content. You agree that Truck Dial has no responsibility or liability for the deletion of, or the failure for storage and transmission of, any content and communications retained/maintained by Truck Dial.

  1. 18. Limitation of Liability

18.1 Notwithstanding the responsibilities established due to the legal frameworks in different countries, in no event shall Truck Dial be liable for any direct, indirect, incidental, special or consequential damages, or punitive damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, Truck Dial.

  1. 19. Waiver and Severability

19.1 Under no circumstances will these Terms be deemed to be waived for any other rights or provisions. In the event of any of these Terms being considered invalid or if enforceability is not possible due to a conflict with applicable laws, all other provisions will continue to be in effect. 

  1. 20. Disclaimer

20.1 By accessing www.truckdial.com, you have read, understood and agree to be legally bound by

the terms of this disclaimer which follows hereinafter.

20.2 This website www.truckdial.com is the official website of "Truck Dial", a division of the Company, and all the intellectual property rights in the website and its contents are the exclusive property of the Company.

20.3 The content of the website is for general information purposes only and does not constitute any advice or opinion. While Truck Dial endeavours to provide content that is true and accurate, Truck Dial gives no assurance or warranty whatsoever regarding the accuracy, authenticity, timeliness or applicability of any of the content. Truck Dial accepts no liability in cases when the information provided by users is not true, correct or accurate in any manner.

20.4 We encourage all users to use the information on the website only as a resource to further their networking with other businesses and people. All materials appearing on the website are supplied and submitted by users, which Truck Dial does not necessarily have control.

20.5 Part of this website may contain advertising and other material submitted to Truck Dial by third parties. Kindly note that these advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all applicable legal requirements. Although acceptance of advertisements on the website is subject to our terms and conditions, we do not accept liability in respect of any advertisements or the products or services offered therein. Truck Dial does not, in any manner, endorse any advertisers or advertisements on its web pages. Please verify the veracity of all information on your own before undertaking any alliance.

20.6. The views expressed on Truck Dial are exclusively of the users and do not necessarily represent the views of the website or its management. All the links provided by users of Truck Dial and/or Truck Dial belong to the respective owners and on an “as is” basis.

20.7 Truck Dial does not accept or admit any liability on the contents of the links or the validity of the links or the association of information provided by the links or any errors, omissions or representations on any of its pages or on any links on any of its pages.

20.8 Neither Truck Dial, nor the Company, nor any of its affiliate(s) or related entities, nor any person involved in the creation, production and distribution of Truck Dial warrant that the functions and the links contained will be uninterrupted and/or error-free or that the defects will be corrected or that Truck Dial or the server that makes Truck Dial available are free of viruses or other harmful or inappropriate components.

20.9 Truck Dial is not intended to be a source for advice. Truck Dial assumes no responsibility for information contained on this website and disclaims all liability in respect of such information. In addition, none of Truck Dial content will form any part of any contract between us, Truck Dial or constitute any type of offer by Truck Dial. Specific disclaimers may apply in addition to certain content or parts of the website.

20.10 Truck Dial accepts no responsibility for, and excludes all liability in connection with, browsing

this website, use of information or downloading any materials from it, including but not limited to any liability for inaccuracies or misleading or defamatory statements or offensive or illegal conduct of users or third parties. The information on this website may include opinions or views which, unless expressly stated otherwise, are not of Truck Dial or any associated business or any person in relation to whom they would have any liability or responsibility. If any such content is brought to the notice of Truck Dial, Truck Dial will endeavour to remove such content at the earliest available opportunity. However, this does not constitute any warranty from Truck Dial for the removal of such content.

20.11 All content and information on Truck Dial may be changed or updated without notice. Truck Dial may also make changes or improvements to the website at any time without notice.

20.12 With respect to any service, materials, the operation of this site or the information, content, quotes or products, if any, that are in this website, Truck Dial disclaims any and all warranties, express or implied, including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose. Truck Dial hereby excludes liability for any claims, losses, demands or damages of any kind whatsoever, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data or otherwise.

20.13 All claims, disputes and differences of whatsoever nature shall be governed by and construed in accordance with the laws of India under the exclusive jurisdiction of the courts in Mumbai, India.

20.14 Truck Dial hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts in Mumbai, India. If you do not agree with the contents of this disclaimer, we request you to kindly exit the website. Truck Dial shall have no legal liabilities whatsoever in any laws of any jurisdiction other than India.

20.15 Please remember that any provider of goods or services is entitled to register with Truck Dial. Truck Dial does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. Truck Dial has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.

20.16 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.

20.17 References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms.

20.18 Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. Truck Dial disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.

20.19 THE MATERIAL AND THE PLATFORMS USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Truck Dial DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND MATERIALS. Truck Dial DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

20.20 Truck Dial DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.

20.21 Notices. All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Truck Dial Limited, C-6/19/3:2, Sector-6, CBD Belapur, Navi Mumbai - 400614.

20.22 Force Majeure. In no event shall we or any Distribution Site have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure. Indemnification. You agree to indemnify us and the Distribution Sites and hold us and the Distribution Site harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising Products or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features. Telephone Conversations. All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation. Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Mumbai, India.

20.23 Entire Agreement. These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.

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