Terms of Use

ELIGIBILITY AND REGISTRATION

1. By accessing to Terms, you represent and warrant to us that:
   • Your access and/ or use of the Service is in compliance with the Terms, Other Agreements, all applicable laws and regulations;
   • You have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law.
2. To access and use the Services, you agree to provide true, accurate and complete information to Truckhall at all times during and after registration, and you shall be responsible for all acts done pursuant to accessing and using our Services.
3. Your payment of the Service charges mutually agreed by Truckhall and you as consideration for the Services.

MODIFICATION

We reserve the right to update these Terms at any time by updating on the Website. Your continued usage of our Services after any changes to these Terms will be deemed as acceptance of such changes. Any aspect of the Services may be changed, supplemented, deleted or updated without notice, at our sole discretion. We may also change or impose fees for products and Services at any time, at our sole discretion. We may establish or change, at any time, general practices and restrictions concerning our other products and Services at our sole discretion.

SERVICES

1. Truckhall hereby agrees to provide all Services as may be agreed to be availed by the user, as may be described in detail in the Other Agreements.
2. You agree and acknowledge that Truckhall may make commercially reasonable changes to the nature and scope of Services provided without prior notice to you.

USER OBLIGATIONS

1. You agree that you shall use the Service only in accordance with, and as permitted by applicable law, and that all actions conducted by you through use of the Services are not in breach of the Terms, Other Agreements and applicable law. Further, you are solely responsible for complying with all applicable law(s) within the territory in which you operate.
2. You will not share your Truckhall account details including without limitation, login credentials with anyone, and you must protect the security of your account at all times. You are solely responsible for any activity associated with your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
3. You agree that you shall not (a) attempt to reverse engineer the Website and the Services or any component thereof, (b) attempt to create a substitute or a similar service through use of, or access to, the Website or the Services, and (c) use the Services for any activities that are illegal under applicable law or in breach of Clause 5 (Acceptable Use).
4. Provided that Truckhall performs its obligations under these Terms and under the Other Agreements, you agree that you shall not hold Truckhall liable for any delay, loss, costs damages, claims, or actions that may be suffered or incurred by the user in relation to (a) downtime of the Services owing to any reasons beyond the reasonable control of Truckhall, and/or (b) any other reasons beyond the reasonable control of Truckhall owning to which any Services is delayed or fails.
5. You agree that you shall promptly cooperate with Truckhall’s reasonable investigation of outages of the Service system, security issues, and any suspected breach of these Terms and under the Other Agreement.

ACCEPTABLE USE

1. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any item that:
   1. Belongs to another person and to which you do not have any right to;
   2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minor in any way;
   3. Infringes any patent, trademark, copyright or other proprietary rights or third party’s stride secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
   4. Violates any law for the time being in force;
   5. Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   6. Impersonate another person or use an anonymous proxy;
   7. Contains software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, ester eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
   8. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
   9. Shall not be false, inaccurate or misleading;
   10. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, regulation or guideline for the time being in force;
   11. May give rise to liability on the part of the web or the Company or cause any hindrance (whole or in part).
2. You shall not attempt to or circumvent or manipulate any of the obligations conferred on you be this Terms or Other Documents. If such an attempt is discovered, it will constitute sufficient grounds for termination of access to the Services and also for taking appropriate legal actions.
3. You undertake not to disclose or distribute any non-public information to a third party or use such information for any unauthorized purpose including for the purpose of marketing unless you have obtained express written consent from us to do so.

CONFIDENTIALITY

1. The Parties agree that all information obtained, developed, created, or disclosed including all documents, data, sensitive personal information, trade secrets of the other Party relating to its business practices and their competitive position provided to the Parties in connection with the performance of obligations under these Terms shall be considered with the performance of obligations under these Terms shall be confidential and proprietary information (“Confidential Information”).
2. The Parties acknowledge and agree that the Confidential Information shall be used solely for the purpose for which it is disclosed by the other Party. The Parties shall not disclose the other Party’s Confidential Information without prior written consent of such (disclosing) Party.
3. The Confidential Information shall be safeguarded and the Parties must take all necessary actions to protect it against misuse, loss, destruction, or modification. Subject to Clause 13 (Limitation of Liability), in the event of a breach or threatened breach by either Party of this provision, monetary damages alone may not be sufficient remedy and the other Party may, without waiving any other rights or remedies, be entitled to injunctive or equitable relief.
4. The obligations in respect of Confidential Information shall survive termination of these Terms and Other Agreements.

REPRESENTATION AND WARRANTIES

1. Each Party hereby represents and warrants to the other Party that:
   1. It is duly organized and validly existing under the laws of India, and has full authority and corporate power to agree to these Terms and carry out its provisions; and
   2. These Terms are binding upon it and do not conflict with any other agreement, instrument or understanding to which it is bound. However, any conflict between the Terms and Other Agreement(s) between the Parties will be harmoniously construed, and the final interpretation shall be decided by Truckhall.

THIRD-PARTY SERVICES

1. The Website and the Services may contain links to other websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third-party websites.

FORCE MAJEURE

1. Notwithstanding anything contained in these Terms, the Parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by the Force Majeure Event. “Force Majeure Event” means any event including but not limited to an act of God, fire, epidemic, natural calamity; riots, civil commotion or unrest, terrorism, war, strikes or lockouts; expropriation or other governmental actions; any changes in Applicable Law or regulation beyond the control of any Party which restricts or prohibits the performance of the obligations of such Party.

GOVERNING LAW

1. These Terms shall be governed and construed in accordance with the laws of India and subject to Clause 11 (Arbitration) the Parties irrevocably submits to the exclusive jurisdiction of the courts in Kolkata.

ARBITRATION

1. In the event of any dispute arising between the Parties in connection with these Terms and Other Agreements, the Parties shall first attempt to amicably settle them, failing which they shall be referred to arbitration by a sole arbitrator appointed by mutual agreement. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of the arbitration shall be held in Kolkata, and the courts there shall have exclusive jurisdiction.

NOTICE

1. All communications to Truckhall relating to the Terms including but not limited to the Services, reporting of the users grievances, any instances of violation of intellectual property or breach of these Terms shall be in writing and sent to the address set out below, or as otherwise communicated from time to time.

   Truckhall Private Limited
   Grievance Officer	Manish Agarwal
   Address	4, Bakul Bagan Row, Manhar Mahal, Suite 3B, Kolkata – 700025, West Bengal
   Email	[email protected]

2. All communications to you relating to these Terms and the Services shall be sent to the registered phone number and email ID attached to your account, or as otherwise communicated by you from time to time.

LIMITATION OF LIABILITY

1. You acknowledge and agree that to the extent permitted by the applicable law, Truckhall shall not be liable under these Terms and Other Agreements for lost revenues, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute services, or indirect, special, incidental, consequential, exemplary, or punitive damages, losses or expenses resulting from your use of the Website or the Services.

DISCLAIMER OF WARRANTIES

1. The Websites and the Services and each portion thereof are provided “as is” basis without any warranties of any kind either express and implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the Website and the Services.

MISCELLANEOUS

1. These Terms do not create any partnership or principle-agent relationships between the Parties.
2. The illegality, invalidity or un-enforceability of any of these Terms shall not affect the legality, validity or enforceability of the other provisions hereof.