Please read carefully the following terms and conditions before using the Etrukz.com site. By accessing and using the services of this site you agree to be bound by the terms and conditions. If you do not agree to be bound by the terms and conditions, please do not access or use the site. Once you register in etrukz.com you will automatically enter into the contract and acknowledge that you have read and accepted the agreement, which will apply to your use of our website.
In this Agreement the following terms have the following meanings:
"Job" means the provision of freight/transport services by a Provider to a User that arises out of a Job Request;
"Cancellation Request" means a request to cancel a job after the job has been provisioned to a Provider and after the User has paid a Deposit Fee to secure the Providers services.
"Job Request" means a request made by the User using the System seeking offers for the provision of freight/transport services from Providers;
"Provider" means any person or entity being a transport services provider who submits or may submit a bid offer in respect of a Job Request;
"Provider Services" means the freight (and any other) services that a Provider offers and/or supplies to one or more Users;
"Site" means the website operated by PDR Transport & Solutions at www.etrukz.com;
"System" means the system operated by PDR Transport & Solutions as described in this Agreement, and as developed by PDR Transport & Solutions from time to time; and
"User" includes any person that uses the System and/or the Site, including Providers in their capacity as users of the Site
The use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. A minor i.e. under the age of 18 years, cannot register as a member of the Site.
3.Registration with the Site
In order to use the general services offered through the Site, You need not be a Registered User of the Site. However, certain sections of this Site require “You” to register with the Site. Such sections include posting of comments, articles & classifieds on the Site.
If registration is requested, You agree to provide us with accurate and complete registration information. It shall be “Your” responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of “Your” information and password. “You” shall be responsible for all uses of “Your” registration, whether or not authorized by “You”. You agree to immediately notify us of any unauthorized use of “Your” registration or password.
4.How the System Works
The System operates as both a finder and facilitator seeking to match the needs of Users with Providers. The System and Site acts as a forum for Users and Providers to bid and agree on prices and enter into agreements regarding the provision of freight services by the Provider. Users may choose a Provider on the basis of price or one or more other factors. Etrukz is as a neutral facilitator and the User acknowledges and agrees Etrukz is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with Providers will be subject to the Provider's own terms and conditions (if any).
The User acknowledges that Etrukz will not (absent special circumstances) reveal the identity and details of any Provider to a User prior to the time of entry of an agreement with a Provider for a Job, such identity to be revealed only upon (or just prior to) the entry of an agreement with that Provider for a Job.
Users and Providers can cancel a job prior to completion. When a Cancellation Request is made the other party is notified and asked to respond by either agreeing or disagreeing with the reason for the Cancellation Request. If the other party does not respond to the Cancellation Request within 48 hours, the cancellation reason will be automatically accepted and the Job cancelled.
If the Provider can not fulfil the job as per the agreement with the User and the User is not at fault then the User is entitled to a full refund of the Deposit Fee. If the User is at fault or there is disagreement over the cancellation reason then Etrukz will review the cancellation reasons provided and make a judgment as to whether a refund of the Deposit Fee will be provided to the User. It is completely at the discretion of Etrukz as to whether the User is at fault or not, and whether the User is entitled to a refund of their Deposit Fee.
6.Disclaimer and warranties.
Any use of the site and any use of the content shall be at your sole risk. We disclaim any and all responsibility or liability for the accuracy, completeness, legality, legitimacy, validity, reliability, operability or availability of the content, information or material displayed on the site. The site (including all content herein) are provided "as is" and are 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. We disclaim, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the site and any content hosted on it. We do not warrant that any defects or errors will be corrected; or that the content is error-free, free of viruses or other harmful components. We disclaim any and all warranties to the fullest extent permissible by law, including any warranties for any content, information, goods, or services, obtained through, advertised or received through any links provided by or through the site.
All copyright and/or know-how and/or any other intellectual property rights in relation to any of the Services of the Company shall become and remain the sole and exclusive property of the Company and the User shall have no claim to the same. In the event the User has contributed to any content in any manner whatsoever on the Site, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights therein and the User shall have no right or claim over the same. In the event that the User during the term of this Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to such legal remedial action as it is best advised at the risk and costs of the User.
8.Limitation Of Liability
In no event shall we be liable to any user on account of any use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if we are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site. We do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, content, product, services, or processes disclosed on the site or any other material or information accessible from the site.
The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
10.Termination And Consequences.
The User hereby agrees that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate a User account, block its email or IP address from the Site, or otherwise terminate its access to or use of the Service (or any part thereof) and/or the Site immediately and without notice, and remove any content Hosted within the Service/Site, for any reason, including, without limitation, if Company believes that the User has acted inconsistently with this Agreement. Further, the User agrees that Company shall not be liable whether for refunds or otherwise, to the User or any third-party for any termination of the Users access to the Service. The User agrees that it shall not attempt to use the Service after the Date of Termination.
If the Company terminates User(s) membership, User(s) will not have the right to re-enroll or join Site under a new account or name or an alias unless formally invited to do so by the Company. Notwithstanding any contained herein, no membership charges will be refunded to a User in case of termination.
The Company may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of Company and Company is not responsible for the contents of any linked website or any website link contained in any linked website.
The company will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from company’s site.
This Agreement and any dispute or matter arising out of or in connection with and/or incidental to the use of the Site and/or the Services shall be governed by the laws of India without regard to its conflict of laws provisions.
The User and the Company hereby irrevocably submit to the sole and exclusive jurisdiction of the courts at Delhi, India.