Terms and Conditions

Welcome to Truckonnect. If you continue to browse and use our app/website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Tecquisitive Minds Private Limited's (Owner of Truckonnect) relationship with you in relation to this app/website and the Service (as described below) In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail. DEFINITIONS The following definitions apply to the terms and conditions set out below that govern this contract of SERVICE between you and us. • "We", "us", "our", "Company", “Truckonnect”, “Truckonnect Partner” shall refer to Tecquisitive Minds Private Limited (owner of Truckonnect), its employees and authorised agents. • “Truckonnect Partner” is the name of the mobile application that is suited for truck/bus owners. “Truckonnect Partner” is solely owned by TRUCKONNECT and the rules applying to use of “Truckonnect” herein apply to rules of use for “Truckonnect Partner” • “Mobile app” is referred to as “app” from here on. USER(S) ELIGIBILITY User(s) means any individual or business entity/organization that legally operates in India, uses and has the right to use the Services provided by TRUCKONNECT. The Services provided by TRUCKONNECT is a technology based service which enables users to manage their trucks/ busses, drivers, documents and enroute failures digitally. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services. TRUCKONNECT advises its users that while accessing the website/ app, they must follow/abide by the related laws. TRUCKONNECT is not responsible for the possible consequences caused by your behaviour during use of website/app. TRUCKONNECT may, in its sole discretion, refuse the service to anyone at any time. USER(S) AGREEMENT This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site, app for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site / app solely for the purpose of management of trucks/ busses owned by them or for managing trucks/busses of others post written authorisation from the owner. This agreement applies to all TRUCKONNECT Services offered on the web site/app, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail. AMENDMENT TO USER(S) AGREEMENT TRUCKONNECT may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms. User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in this Terms of Service. INTELLECTUAL PROPERTY RIGHTS TRUCKONNECT is the sole owner or lawful licensee of all the rights to the website, app and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website, app content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website, app and its content shall remain with TRUCKONNECT, its affiliates or licensor's of TRUCKONNECT content, as the case may be. All rights, not otherwise claimed under this agreement or by TRUCKONNECT.com, are hereby reserved. The information contained in this website, app is intended, solely to provide general information for the professional use of the reader, who accepts full responsibility for its use. TRUCKONNECT does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site/app, or the quality of any products, 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. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of service, performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall TRUCKONNECT be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk. TRUCKONNECT 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 Service or the app/website. Trademark All related icons and logos are registered trademarks or trademarks or service marks of TRUCKONNECT in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Copyright All content on this web site, app is the copyright of TRUCKONNECT except the third party content and link to third party web sites on our app/website. Systematic retrieval of TRUCKONNECT content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TRUCKONNECT is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of TRUCKONNECT's Services, you agree that you will not use the web site / app service to infringe the intellectual property rights of others in any way. TRUCKONNECT reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the TRUCKONNECT service, or if TRUCKONNECT believes that user(s) conduct is harmful to the interests of TRUCKONNECT, its affiliates, or other users, or for any other reason in TRUCKONNECT's sole discretion, with or without cause. You shall be liable to indemnify TRUCKONNECT for any losses or expenses incurred by TRUCKONNECT due to any infringement of intellectual property rights owned by TRUCKONNECT without prejudicing TRUCKONNECT’s right to bring any legal action against you. LINKS TO THIRD PARTY SITES Links to third party sites are provided by web site as a convenience to user(s) and TRUCKONNECT has not have any control over such sites i.e content and resources provided by them. TRUCKONNECT may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. TRUCKONNECT believes that user(s) acknowledge that TRUCKONNECT has no control over such third party's site, does not monitor such sites, and TRUCKONNECT shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. User(s) shall review TRUCKONNECT’s Privacy Policy and abide by TRUCKONNECT’s Privacy Policy at the time of the User(s) interaction with TRUCKONNECT, with respect to and concerning any information and data. TERMINATION Most content and some of the features on the web site/app are made available to visitors free of charge. However, TRUCKONNECT reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. TRUCKONNECT also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of TRUCKONNECT and/or other visitors to the web site/ app. TRUCKONNECT reserves the right to limit, deny or create different access to the web site/ application and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. TERMS & CONDITIONS FOR USE OF OUR SERVICE The following Terms & Conditions shall apply to users utilising the Services offered by Truckonnect: The user agrees and accepts that the use of the Services provided by the Truckonnect is at the sole risk of the user, and further acknowledges that the Truckonnect disclaims all representations and warranties of any kind, whether express or implied. The user shall ensure that he/she will not indulge in any of the following activities while availing the service: • Disclose false information with respect to own or others trucks/busses • Create, fabricate, disclose false information/case with regard to any commercial vehicle driver. • Provide false rating to harm the reputation of any user / vendor. The user shall indemnify Truckonnect from, against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Truckonnect may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the User and shall pay such sums on demand on Truckonnect. The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to run the mobile application. The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the user in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so. The Company shall be entitled at any time without giving any reason to block/ terminate the uses access to the mobile application. User(s) shall indemnify TRUCKONNECT with respect to any expenses incurred with respect to such action. In case of lost data on the application platform, Truckonnect will try to recover the data on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. Truckonnect is not responsible for loss of data saved on or via the application. Truckonnect allows the user to upload truck related details to help make the business operations more efficient. TRUCKONNECT manages the users trucks related data for the purposes of providing services. In the event of loss of any data, User(s) shall not have any right to withhold the payment to be made towards TRUCKONNECT. Further, in the event any payments from the User to TRUCKONNECT are pending for the period prescribed by TRUCKONNECT in its respective invoice, TRUCKONNECT reserves the right to block services till full payment is made to TRUCKONNECT for its services. Any complaint in respect of the Services or the use of application, the user has to inform Truckonnect of the same in writing within 24hours of noticing the issue. Truckonnect shall not be liable for any conduct of the drivers of the trucks/busses. However, the Truckonnect encourages you to notify it of any complaints that you may have against any driver that has worked for you. The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the user shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.truckonnect.com on the date that Company may indicate that such addition, variation or amendment is to come into effect. All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. CONFIDENTIALITY User(s) shall not disclose any information received under the contract of service with TRUCKONNECT to any third party. Access to any information which pertains to business of TRUCKONNECT shall be kept confidential to the extent it might adversely impact TRUCKONNECT’s business. User(s) shall be liable to indemnify TRUCKONNECT against any loss of business or reputation due to the act of the user(s). DISCLAIMER All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Truckonnect does not own any truck/bus nor does it directly or indirectly employ any drivers for the vehicle. Vehicles and drivers are the responsibility of the truck / bus owner and Truckonnect disclaims any and all liability in respect of the drivers and the vehicles alike. Truckonnect has the right to use the user(s) contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it. The courts of New Delhi, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Truckonnect or the agreement or arrangement between Truckonnect and the user. YOUR OBLIGATIONS • You warrant, undertake and guarantee to us: o The contents of the data provided by you (including but not limited to vehicles details, documents, driver details etc) have been properly described on the application as required by law and transport authorities. o That all statements, information and documents provided by you relating to the vehicles will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the vehicle / driver or any related subject, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture of licences. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you. o All applicable laws and regulations have been complied with by you. • You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept any information that contravenes any of your obligations. • The User agrees and acknowledges that the user of the Services offered by Truckonnect is at the sole risk of the user and that Truckonnect disclaims all representations and warranties of any kind, whether expressed or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Truckonnect makes no representation or warranties with respect to: o The Services meeting the User's requirements. o The Services will be uninterrupted, timely, secure, or error-free. o Any responsibility or liability for any loss or damage, howsoever caused or suffered by the user(s) arising out of the use of truck/bus service offered by Truckonnect or due to the failure of Truckonnect to provide Services to the user(s) for any reason whatsoever including but not limited to the User(s) non-compliance with the Services' recorded voice instructions, 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 Truckonnect or any person or any organization involved in the above mentioned systems. o Any liability for any damages of any kind arising from the use of the Service offered by the Truckonnect, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. o Your acts or omissions or those of third parties such as: • You being in breach of (or any other party claiming an interest in the details provided by you causing you to breach) your obligations under these terms and conditions. TRUCKONNECT REFERRAL PROGRAM Truckonnect’s Referral Program terms and conditions are in addition to the service-user terms and conditions. To participate in Truckonnect’s Referral Program, you must agree to these terms, which become part of the service-user terms and conditions. 1. By availing the services offered by us, the Referrer and Referral Recipient consent to the Terms and Conditions provided herein, “Referrer” being the person whose Referral Code has been used to sign up and “Referral Recipient” being the person who signs up using a valid Referral Code. Customers/Customer include, whether individually or collectively, both the Referrer and the Referral Recipient. 2. Anyone who signs up on Truckonnect mobile application using a valid Referral Code will get Referral Discount (“Referral Discount” - Subject to change without prior notice) in accordance with Truckonnect’s Referral Program, at the time of signup. These values may change if Truckonnect’s Referral Program changes during the signup. 3. Referral Discount will be provided to the Referrer upon upload of mandatory vehicle details and documents by the Referral Recipient. The value of the discount will be as per Truckonnect’s Referral Program active at the time of referral recipient's signup using the Referral Code. However, it is clarified that Tecquisitive Minds Private Limited (“Truckonnect”) reserves the right of discretion with regard to issuance of Referral Discount so as to combat fraudulent transactions. 4. Truckonnect’s Referral Program and Referral Discount are valid only on the Truckonnect mobile application. 5. Referral Discounts are applicable on all categories. Maximum numbers of Referral Discounts a customer can avail is 20. (subject to change as per Truckonnect discretion) 6. Referral Discount on a Referral Code can be availed only once and only in the state or city prescribed by Truckonnect. Creating multiple Customer’s accounts using multiple emails or signing in from multiple devices in order to unduly gain Referral Discount shall be considered to be in contravention of these terms & conditions. 7. Referral Discount is applicable on the final chargeable amount only. The Referral Discount availed under Truckonnect’s Referral Program shall not in any case exceed the total billable amount. 8. If your bill amount is less than the value of your Referral Discount, your Referral Discount will be fully used. 9. Referral Discount under no circumstances will be settled or exchanged in cash or cash equivalents. However, Truckonnect, at its sole discretion, may convert the value of your referral discount into any other form of credit, whatsoever, including but not limited to Truckonnect credit. 10. Referral Code and Referral Discount provided are non-transferable. 11. Referral Discount shall be subject to force majeure events and on occurrence of such event(s), the Referral Discount may be withdrawn at the discretion of Truckonnect. 12. Referral Discount shall not be clubbed with any other offer of Truckonnect. 13. Truckonnect reserves the right to discontinue the Referral Discount without assigning any reasons or without any prior intimation whatsoever to the Customers. In case of any dispute, Truckonnect’s decision shall be binding on all Customers. 14. Truckonnect reserves its absolute right at any time to add, alter, withdraw, modify or change or vary any or all the terms and conditions of Truckonnect’s Referral Program at its sole discretion and the same shall be binding on the Customer at all times. 15. Participation in Referral Program is voluntary and any transaction done using Truckonnect mobile application shall be deemed as acceptance of the Terms and Conditions mentioned herein. 16. Truckonnect reserves the right to revoke the Referral Discount or suspend a Customer’s account at any time it is believed that the account is being misused or Truckonnect’s Referral Program terms and conditions are being violated. 17. No refund will be issued for the Referral Discount. 18. Truckonnect reserves the right to review and investigate all referral activities and to suspend accounts or revoke / remove Referral Discount and withhold features or benefits obtained through Truckonnect’s Referral Program if Truckonnect believes or determines that the use of a Referral Code or Referral Discount was in error, fraudulent, illegal, or in violation of the terms and conditions of Truckonnect’s Referral Program. 19. Referral Code shall not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise). Truckonnect’s Referral Program is meant to reward our privileged and loyal customers as well as Truckonnect fans and not meant for sharing the Referral Code on any communication medium be it print, digital or electronic, including but not limited to websites, or any means for any purpose whatsoever. Truckonnect reserves the right to revoke the Referral Discount or suspend a Customer’s account at any time if such sharing of the Referral Code is in contravention of Truckonnect Referral Program terms & conditions. 20. Any dispute, controversy or claim arising out of or relating to Truckonnect’s Referral Program (“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 Truckonnect as Truckonnect may designate. If the Dispute is not settled amicably as aforesaid within a period of 15 (Fifteen) calendar days, the courts of New Delhi, India shall have the sole and exclusive jurisdiction. 21. These terms and conditions shall be governed by and construed in accordance with the laws of India and, subject to this clause 20, Truckonnect and the User(s) agree and undertake that any controversy or claim arising out of or relating to these terms and conditions will be adjudicated exclusively before a competent court in New Delhi, India only. IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF TRUCKONNECT REFERRAL PROGRAM SHALL EXCEED INR 500/- (RUPEES FIVE HUNDRED ONLY). DISCLAIMER The information contained in this website is for general information purposes only. The information is provided by Truckonnect and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website/app for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website/app. Through this website you are able to link to other websites which are not under the control of Truckonnect. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the portal up and running smoothly. However, Truckonnect takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control