Welcome and thanks for using www.truckjee.com, these customer terms and conditions (“T&Cs”) apply to your access to the Website (www.truckjee.com).
The Website is operated by M/s. Jeeth Trucks Private Limited. A Company incorporated under the Companies Act 1956 and having its Administrative office at Chennai.
This Document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If you do not accept any of the Customer Terms and Conditions, then please don’t use the Website or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TRUCKJEE IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE.
1. DEFINITIONS :
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:“Account” refers to the account created by the Customer/you on the Website to become the member of a Community or a Deemed Community or a Registered Community or an Open Community.
“Act” means the Motor Vehicle Act, 1988 and the rules made there under in the City of Operation and includes any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.
“Website” shall mean www.truckjee.com as may be updated by M/s. Jeeth Trucks Pvt. Ltd., from time to time. It also would constructively mean Website/Application/Software.
“Company” shall mean Jeeth Trucks Pvt. Ltd., and its Website www.truckjee.com.
“Truck Driver” shall mean and include such individuals as may be evaluated, appointed, trained and nominated by the Truck Owner to carry out and provide transportation services on behalf of the Truck Owner in accordance with the terms & conditions applicable to Truck Owners and Applicable Law.
“Truck Owner”shall mean and include such individuals and agencies which hold valid Contract Carriage Permit(s) and RC Book registration in their respective names.
“City of Operation” shall mean a city in which “TRUCKJEE” has been launched and the Customers and render the transportation services respectively. For clarity, the services rendered and availed by the Customers.
“Contract Carriage Permit” shall mean the valid and subsisting permit/license granted to the Truck Owner by the transport authority in the City of Operation for plying the Vehicle under Contract Carriage.
"Customer/ you" means a person/transporter, who has an Account or registered on the Website.
“Email ID”shall mean Your current, active and valid email id, the same being created by the Recognized Entity and used by you. Truckjee shall use this Email ID only for the purpose of Customer verification and consequent grouping of Customers in Communities or Registered Communities.
“Registration Data” ” shall mean and may include the present, valid, true and accurate name, Original ID, Email ID, age and such other information as may be required by Truckjee from time to time, provided by the Customer at the time of registration on the Website.
“Vehicle”shall mean a Truck as defined under the Motor Vehicles Act, 1988.
"You", “Your or “Yourself” ” shall mean reference to the Customer accessing the Website.
2. INTERPRETATION :
1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
2. Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Truckjee will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
3. ELIGIBILITY :
1. You will be "Eligible" to use the Services only when you fulfill the all of the following conditions:
2. You may avail the Services only if you fulfill the conditions as mentioned in 3.1.1 to 3.1.2 above. If you are not Eligible, please immediately abandon any and all attempts to register with us or use Our Services.
3. You acknowledge that we rely completely on the information provided by you and We shall not be held liable if you or anyone who uses Your Account to access the Services on the Website is not Eligible to use the same.
4. If the registration is done as a Truck owner, you should comply with the prevailing Contract Carriage permit laws of India and should provide necessary proof that you are a registered member of any truck association in India or own a truck which is registered in your name or in the name of the company owned by you.
5. If the registration is done as a Transporter, you should be an employee of a Transport company which should be a member of ‘ALL INDIA GOODS TRANSPORT ASSOCIATION’. you should be approved by the transport company to use the services of our website on it's behalf.
6. You acknowledge that you are not having any criminal antecedents or any other criminal proceedings against you or your associates at the time of registration.
4. REGISTRATION AND ACCOUNT :
1. You understand and acknowledge that you can register on the Website only after complying with the requirements of Clause 3 and through a valid Email ID. For clarity, the aforesaid requirement applies to members of Deemed Communities only to the extent of a valid email ID and does not apply to members of Open Communities.
2. You will be required to enter Your Email ID on the Website following which a verification link would be sent to Your Email ID. Upon receipt of the verification link on Your Email ID, you shall be required to click on the said link within 24 (twenty four) hours of receiving the verification link in order to complete the aforesaid verification process. In the event of your failure to click on the verification link within the above mentioned timeline, the same would lapse and you will have to repeat the process set out in this Clause 4.1. For clarity, the aforesaid requirement and process applies to members of Deemed Communities only to the extent of a valid email ID and does not apply to members of Open Communities.
3. You will be also required to provide copies of documents such as Address proof, ID proof and age proof along with the copies of RC Book, Insurance, permits, etc. for in person verification by the team of persons particularly engaged by the Company for the purpose of curtailing fake ID’s.
4. Upon completion of the verification process in accordance with Clause 4.1 above, you will be added to a Community or Deemed Community through which you can avail the Services offered on the Website after payment of Rs. 3750/- (In Rupees Three thousand seven hundred and fifty only) which is a Per truck onetime registration fees collected by the Company for obtaining the services of the Website.
4. Upon completion of the verification process in accordance with Clause 4.1 above, you will be added to a Community or Deemed Community through which you can avail the Services offered on the Website after payment of Rs. 3750/- (In Rupees Three thousand seven hundred and fifty only) which is a Per truck onetime registration fees collected by the Company for obtaining the services of the Website.
6. In the event of any change in the said Registration Data, you agree to promptly update your Registration Data on the Account so as to ensure that the communication we intend to send to you is promptly delivered to you and is not sent to any other entity/third party.
7. The Company will store the Registration Data provided by you for contacting you for all Service related matters. You may promptly inform us on any change in the Registration Data provided.
8. We may send any Information to you to the mobile number or Original ID registered with us as Registration Data.
9. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of Your Account has been compromised in any way, or any other reason We may find it to just.
10. We allow you as an individual or as a company owning a truck to open only one Account in respect of one Email ID. Further “ONE TRUCK, ONE ACCOUNT” was the motto of the Company.
11. In case of any unauthorized use of Your Account, you are to bring the same to our notice promptly. In the event of such unauthorized use, please immediately reach us at support@truckjee.com.
12. In case, you are unable to access Your Account, please inform us at support@truckjee.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after you have made a request in writing for blocking your Account except in case of Force Majeure events which are beyond Our reasonable control.
13. NOTWITHSTANDING ANYTHING CONTAINED ANYWHERE IN THIS AGREEMENT THE REGISTRATION PROCESS CONTAINED IN CLAUSE 4 OF THESE T&C’s SHALL NOT APPLY TO MEMBERS OF REGISTERED COMMUNITIES AND OPEN COMMUNITIES. THE REGISTRATION OF MEMBERS OF REGISTERED COMMUNITIES SHALL BE GOVERNED BY THE TERMS OF THE SPECIAL SERVICE LEVEL ARRANGMENTS BETWEEN TRUCKJEE AND THE RECOGNIZED ENTITIES.
5.USE OF WEBSITE:
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. You may use the Website for commercial lawful purposes only.
2. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity.
4. You shall not copy, distribute or disclose any part of the Website in any medium.
5. You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website.
6. You shall not take any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on Our infrastructure.
7. You shall not upload invalid data, viruses, worms, or other software agents through the Website.
8. You shall not collect or harvest any personally identifiable information, including account names, from the Website.
9. You shall not use the Website for any commercial purposes without having all necessary rights and licenses to the Content.
10. You shall not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
11. You shall not interfere with the proper working of the Website.
12. You shall not access any content on the Website through any technology or means other than those capabilities provided by the Website.
13. You shall not bypass the measures We may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
14. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Truckjee, including any of Our account not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
15. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Our systems or networks, or any systems or networks connected to the Website.
16. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
17. You shall not use the Website or any Content for any purpose that is unlawful or prohibited by these T&Cs as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of Truckjee or others.
18. You shall not use the Services or the Website in any manner that could damage, disable, overburden, block or impair any of the server connected to the Website. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.
19. You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
20. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Truckjee on Our platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
21. Solely to enable Us to use the information so that We are not violating any rights You might have with respect to your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these T&Cs and Our privacy policy.
22. You shall not engage in advertising to, or solicitation of, other service provider of the Website to buy or sell any products or services, including, but not limited to, services being displayed on or related to the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other service provider or Service providers via the Website. It shall be a violation of these T&Cs to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Website without Our prior explicit consent. In the event of us according consent to a person to advertise through Our Website.
23. 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 the Applicable 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. In addition, 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.
24. We reserve the right, but 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 T&Cs. Notwithstanding this right of TRUCKJEE, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect our views. 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 the use of the 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 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.
25. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
6. GENERAL TERMS AND CONDITIONS:
1. The Company (hereinafter is references to ‘Truckjee.com’) provides technology based services for booking trucks presently in Chennai and will extend to PAN-India basis to the Transporter (hereinafter called as ‘You’, ‘Your’ & ‘Yours’) and you agree to obtain truck services offered by third party Truck Provider/Providers, Drivers or Vehicle operators ("the Service Provider"). All the Services provided by the Company to you by means of your use of the booking platform are hereinafter referred to as the "Service."
2. The Company shall take your booking request and forward it to the Service Provider through their website “Truckjee.com” (hereinafter called as the ‘Website’).
3. The Service Provider shall have the option of Bidding (hereinafter called as ‘Bidding’ or ‘Bid’) the concerned booking, which will be tracked by the company through the Algorithm of the Website and Technological support, wherein the Top highest bidders will be segregated and a mail along with an attachment will be sent to you with information of the Service Provider who is/are the highest bidder/s including its/their name/s, contact number/s etc.,
4. The Service Provider herein has the sole discretion to accept or reject each request for truck service. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company, then he should participate in the Bid process conducted online by the Company through the Website.
5. The Company will leave it to the sole discretion of you to choose the Service provider mentioned therein and the support of the company will be limited to the extent of providing the contact details of the Service provider and to the restrictive covenants herein under.
6. The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain Truck Service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company
7. For the avoidance of doubt, it is clarified that the Company itself does not provide truck services. It is the Service Provider who shall render truck service to you. The provision of the truck services by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Even after acceptance of booking, the Service Provider may not reach your location or decide not to render his services in which event the Company shall not be held liable to you.
8. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all time verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you visit the correct portal or dial-in the accurate call center number which will be provided to you by the Company. The Company shall not be liable if you do not visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Truck.
9. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
10. You will comply with all applicable laws prevailing in the Country of India;
11. You will treat truck drivers introduced to you through us with respect and not to cause damage to their truck or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their truck or the service;
12. You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
13. Please note that we are not responsible for the behaviour, actions or inactions of drivers of trucks, quality of truck which you may use (through us or otherwise). Any Contract for the provision of truck services is between you and the Owner of the Vehicle including the Driver and not us and we simply provide a platform to introduce drivers and passengers.
14. By using the Website of the Company, you further agree that:
a. You will use this Website for your sole, personal use and will not resell it to a third party;
b. You will not authorize others to use your account;
c. You will not assign or otherwise transfer your account to any
d. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
e. You will not use the Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
f. You will not use the Website to cause nuisance, annoyance or inconvenience;
g. You will not impair the proper operation of the network;
h. You will not try to harm Website in any way whatsoever;
i. You will not copy, or distribute the Website or other Company Content without written permission from Company;
j. You will keep secure and confidential your account password or any identification we provide you which allows access to the Website;
k. You will provide us with whatever proof of identity we may reasonably request;
l. You will not use the Website with an incompatible or unauthorized computer or device;
m. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Website.
The Company reserves the right to immediately terminate use of the Website should you not comply with the any of the above rules.
7. CHARGES AND PAYMENT:
As the details of the Bidders along with the Bid amount was sent to you through the Mail and its attachments as aforesaid, you will make payment in full to any truck drivers introduced to you by the company, directly and not through us for any services provided by such driver to you. You shall be also required to pay trip charges for truck service to the Service Provider and the rates of can be finalized by you and the Truck Owner at your own discretion in which the Company will not interfere. You agree that you will pay for all truck services you purchase from the Service Provider in the event of prospective transportation or at your terms and conditions between them either by way of cash or credit card directly and not to the Company.
Any payment made is non-refundable from the Service provider. At the end of the trip, we will facilitate for you to receive a copy of the invoice from the Service Provider in Physical format or on your registered e-mail account with the Company.
8. INDEMNIFICATION:
By accepting these User Terms and using the Website, you agree that you shall defend, indemnify and hold the Company, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Service Providers arranged via the Website, or (c) your use or misuse of the Website or Website.
9. DISCLAIMER:
1. Except for Our limited role in providing you the Truck booking facility that you authorize or initiate, We are not involved in any underlying transaction between You, any other Customer, other third party. We are not a selling agent in relation to any sale of goods or services to you or any other third party. We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any service that you may avail using the Website. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Services, including the ability to avail the Services at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
2. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party advertiser. We 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 third party advertisers on the Website.
3. Truckjee shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Truck service offered by Truck Drivers or due to the failure of Truck Drivers to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Truckjee or any person or any organization involved in the above mentioned systems.
4. You acknowledge that while Truckjee employs certain quality control measures, Truckjee does not, and cannot exercise control over the quality or safety of the transportation that is made use of by you through the Services.
5. Truckjee will not be liable for any damages of any kind arising from the use of the service offered by the Service Providers/Truck Drivers including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Truckjee will take all reasonable measures to ensure that Truck Drivers should fulfill his duty properly but there may be exceptions, Truckjee will not be held liable for any such compensation.
7. Truckjee is not responsible for the conduct, whether online or offline, of any other user of the Website or Services. You are solely responsible for your interactions with the Service provider, whether drivers or owners. By using the Website and the Services, You agree to accept such risks and acknowledge that Truckjee is not responsible for the acts or omissions of other users.
8. We do not authorize anyone to make a warranty on our behalf and you may not rely on any statement of warranty as a warranty by us.
9. Truckjee and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Website, or Your reliance upon the Service or the information contained upon the Website (whether arising from Truckjee or any other person's negligence or otherwise).
10. We do not warrant that your use of the Website or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Website will be corrected, or that the Website is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Website or Services.
10. LIABILITY:
1. The information, recommendations provided to you on or through the Website, or the Website is for general information purposes only and does not constitute advice. The Company will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Website are free of errors, defects, malware and viruses or that the Website and/or Website are correct, up to date and accurate.
2. The Company shall not be liable for any damages resulting from the use of or inability to use the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of the Company.
3. The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
4. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, the Company's aggregate liability shall in no event exceed an amount of INR 1000 /- only.
5. The quality of the truck services requested through the use of the Website or the Service is entirely the responsibility of the Service Provider who ultimately provides such truck services to you. The Company under no circumstance accepts liability in connection with and/or arising from the truck services provided by the Service Provider or any acts, action, behaviour, conduct, and/or negligence on the part of the Service Provider. Any complaints about the truck services provided by the Service Provider should therefore be submitted to the Service Provider.
11. INTELLECTUAL PROPERTY RIGHTS (Trademarks and Copyrights):
1. The Company is the sole owner and lawful licensee of all the rights to the Web site, Mobile Website or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website, mobile Website or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
2. All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
3. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
4. All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
5. All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.
6. Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to run the Website solely for your own personal use.
7. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way; (ii) modify or make derivative works based upon the Website; (iii) create Internet "links" or "frame" or "mirror" any Website on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website, or (c) copy any ideas, features, functions or graphics of the Website, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website.
12. LINK TO THIRD PARTY WEBSITE:
1. During the use of the Website, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Website and are beyond the Company's control.
2. During use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Website or Service. These links take you off the Website, the Website and the Service and are beyond the Company's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
3. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
13. TERM AND TERMINATION OF THE CONTRACT:
The Contract between the Company and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Website installed on your smart phone, thus disabling the use by you of the Website and the Service.
Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Website and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of the Company, misuse the Website or the Service. The Company is not obliged to give notice of the termination of the Contract in advance. After termination the Company will give notice thereof in accordance with these User Terms.
14. INVALIDITY OF ONE OR MORE PROVISIONS:
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
15. MODIFICATION OF THE SERVICE AND USER TERMS:
The Company reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Website or via email. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
16. NOTICE:
The Company may give notice by means of a general notice on the Service or Website, or by electronic mail to your email address on record in the Company's account information, or by written communication sent by regular mail to your address on record in Company's account information.
17. ASSIGNMENT:
You may not assign your rights under these User Terms without prior written approval of the Company.
18. PRIVACY AND SECURITY :
1. We will take every reasonable effort not to share any of details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by you with any third party.
2. You acknowledge that the information made available by you on the Application, including location data, may be accessible to certain other users of the Application.
3. You hereby expressly consent to receive communications from Us through Your registered phone number and/or Original ID. You consent to be contacted by us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.
4. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by you or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
5. The Company hereby declares that it may use the services of external third party clients and websites for the purpose tracking the vehicles and the company owns the liberty and discretion to use any external third party services like Google Analytics and heatmaps, which is not questionable by you or anybody associated with you thereupon.
6. It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that we shall not be responsible for the use of any personal information that you publicly disclose or share with others on the Application. Please carefully select the type of information that you publicly disclose or share with others on the Application, or from the Application on other social platforms (including Facebook etc).
19. EXCUSABLE DELAYS (FORCE MAJEURE):
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
20. MISCELLANEOUS:
1. The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at website at www.truckjee.com or on the date that the Company may indicate that such addition, variation or amendment is to come into effect.
2. The Company reserves the right to publish information of beneficiaries of any program, offer, scheme or any promotion.
3. The Customer who seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by the Company's Partner, then the provisions of such services, benefits, facilities or arrangements will be subject to the respective terms and conditions of the said Service Provider, being the provider of the said services, benefits, facilities or arrangements.
4. The Company provides links to third party website as a convenience to the Customers or as an advertisement and the Company does not have any control over such sites i.e. content and resources provided by them. The Company recommends reading such site's terms and conditions and/or privacy policies before using such sites.
5. This web site (www.truckjee.com) is published and maintained by M/s. Jeeth Trucks Private Ltd., access, browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customer.
21. UNITRAC SERVICE
1. The GPS/GPRS facility is a Value added service and is optional to the Truck Owners and will be provided based only on the information given by Service provider. This will enable you to find the last known destination of the Vehicle and will also puts you in notice the location and the timings in which the Truck will reach its destination.
2. The UNITRAC service once activated shall be ongoing unless otherwise deactivated by the Service Provider. You will be provided with a unique ID to track the vehicle and its destination.
3. The UNITRAC GPS facility will be installed in every truck/Account which will be registered with the company/website and this feature is mandatory for the purpose of activation of the account and to do business with the Company and to take the services of the Website.
4. The Services of UNITRAC will be available to the Truck Owners upon payment of Rs 200/- before 1st week of every month as subscription and maintenance charges to the company and it is pertinent to place on record that the non payment of subscription charges and default in the same would amount to temporary deactivation of the Account which will be resumed only after payment with penal charges, if any.,
5. The service may not be available if any routine maintenance is carried out for a short period of time and the Customer will be informed accordingly. Whilst every attempt will be made to restore the UNITRAC service, the Company will not be responsible for any failure or delay to offer the service due to routine maintenance or due to the unavailability of GPS networks in certain cities/towns/villages/areas.
6. The Company will not be responsible for any delay in or failure of message due to any technical error or due to any delay on account of service provided. Once the Unique ID is sent from the Company dispatch system, the same shall be regarded as sent irrespective of any delay or failure on account of any condition.
7. The Company will not be responsible for the accuracy of the information, any situations like congestion of network and/or traffic jams and in no event the information sent by UNITRAC system under the trip tracking service shall be used for planning a meeting and/or any other purpose. The Company shall not be responsible for any delay on account of such situations and information provided under the tracking.
8. The location data made available to the Transporters is a Value Added service - UNITRAC is basic is nature, and meant to provide guidance to drivers only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Truckjee does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.
9. All the vehicles registered with Truckjee platform are continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that Truckjee does not own any Trucks nor does it directly or indirectly employ any of the Truck Drivers for the Trucks. Truckjee disclaims any and all liability in respect of the Truck Drivers and the Trucks alike.
10. The Company does not assure a complete sustainability of this service either during activated or deactivated mode & shall not be held responsible or liable for the same, in any manner.
11. The Company assures that in case of non functionality of the UNITRAC system they would replace the same at their own cost and expenses but this provision would not apply in case of any physical damage, wherein truck owners are solely responsible for the UNITRAC product provided to them.
22. CUSTOMER GRIEVANCE REDRESSAL POLICY ;
1. If you are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at support@truckjee.com.
2. The procedure of escalation of complaints shall be as follows: Escalation Level – 1: Write to Team JEETH TRUCKS PRIVATE LIMITED, Rep. by its Director. Flat 4A, Southern Side, 3rd Floor, Plot Nos 1 & 1A, U R Nagar, Anna nagar West Extn, CHENNAI.
23. GOVERNING LAW AND DISPUTE RESOLUTION :
1. Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of “Truckjee” may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by the Company and the Customer.
2. The Arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Chennai.
3. This T&Cs shall be governed by and construed in accordance with the laws of India, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Chennai. The Courts of Chennai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the services offered by the Company or the agreement or arrangement between the Company and the Customer. All claims and disputes arising under this Terms and Conditions should be notified to the Company within 30 days from the event date after which no claim will be entertained against the Company.