TERMS OF SERVICE DOT2DOTZ APP/WEB
Welcome to our Dot2dotz App/Web.
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as Applicable and the amended 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.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of http://dot2dotz.com/ and other integrated systems (Dot2dotz App/Web).
These terms of services shall apply to all users who use Dot2dotz App/Web and its integrated systems. Users in this context shall be Dot2dotz service partners including its truck owners, managers and staff members and actual end users who use Dot2dotz App/Web to connect with Dot2dotz App/Web service partners for their transportation needs.
By using this App/Web, on clicking the “I accept/ I agree” button or on completing the registration process, you clearly agree and acknowledge that you have reviewed the terms of service, consented and accepted this agreement.
"we" or "us" or “App/Web” or “company” are references to Dot2dotz App/Web and
“you” as user/users of Dot2dotz App/Web and its integrated systems.
Purpose of Dot2dotz App/Web
We are an intermediate services provider (online platform) between the customers who want to book truck/transport services and truck drivers/owners who want to offer services to customers. We are not a transport company, we are just providing a platform where user can use our App/Web by booking a truck or registering a truck for the movement of goods only; liabilities related to insurance of the goods, labour charges for loading and unloading good shall lie with the users only.
This User Agreement contains rules and regulations, policies and terms and conditions Applicable to any person who may access or use Dot2dotz App/Web, including any sub domains, App/Web Pages or extension of Dot2dotz App/Web and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Dot2dotz App/Web and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement.
Amendment: The Company reserves the right to change this App/Web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone whom the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the App/Web on publicly accessible links and you agree by accessing, browsing or using this App/Web that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the App/Web. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the App/Web and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
On impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Dot2dotz App/Web’s rules and policies as provided from time to time.
This App/Web may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the App/Web. A minor is not allowed to access or register as a user on the App/Web. In case of registration by an entity, by accepting the User Agreement such an entity has sufficient authority under Applicable laws to enter into the User Agreement to accept this User Agreement.
Registration and Communication
You may register on Dot2dotz App/Web through your facebook/google+/email account and mobile number. In that case you grant us the permission to access your facebook/google+/email profile details to complete your registration on Dot2dotz App/Web You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the App/Web will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this App/Web for any other purpose including for subscription other than as mentioned above that are not allowed under Applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the App/Web. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the App/Web to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the App/Web in any manner whatsoever.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the App/Web by the Company. You further agree that your use of the App/Web or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
Dot2dotz is a mobile Application available on google play as of now.
The instructions “How to use” Dot2dotz App/Web will be available on the homepage of the App/Web. All users are to ensure that they read and adhere to these instructions for accessing Dot2dotz App/Web. The user agrees that Dot2dotz App/Web shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the user from using the App/Web as designed or due to any reasons over which Dot2dotz App/Web have no control.
You also give permission to the Company to store details and records of your usage of the App/Web indefinitely. However, this does not constitute any obligation on the part of the Company or the App/Web to do so.
Payment plans, payment terms and refund policy for end users of Dot2dotz App/Web are defined below in Annexure-A. However, we reserve the right to amend this payment policy and charges for the services rendered. In case if we amend our payment policy and charge for the services rendered, end users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the App/Web.
All users are responsible for paying all charges/ fees associated with the use of the App/Web and shall be liable to pay any and all Applicable taxes, charges, cess etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your usage with the App/Web and disallow access to the App/Web.
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Services Activation and Delivery:
Activation e-mail/sms- After the registration and successful payment of charges for our services offered, the user will get an e-mail/sms for acknowledgement.
Services- User will start receiving all services according to the type of vehicle and quantity of goods to be loaded in the truck within maximum 24 hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you agree and acknowledge that company shall never be held responsible for any delays due to whatsoever reasons. App/Web access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the services delivering due to the internet malfunction/connectivity issues and when the App/Web is closed for maintenance /updating with or without prior notice.
User account and security
To register for the services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
i. belongs to another person and to which you do not have any right to;
ii. 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 gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
iii. 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;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person or use an anonymous proxy;
vii. contains software viruses 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, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
ix. shall not be false, inaccurate or misleading;
x. 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 laws, rule, regulation or guideline for the time being in force;
xi. may give rise to liability on part of the App/Web or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the App/Web without any notice and any such violate information that is displayed or submitted on the App/Web can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the App/Web to restore or keep back up of your information and data and not hold the App/Web or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the App/Web or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App/Web and also for taking appropriate legal actions.
If you choose to provide feedback on the App/Web which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the App/Web in any manner. Further, you shall not use the App/Web to promote any other person’s business or interests on the
App/Web unless permitted by the Company in writing.
• You warrant, undertake and guarantee to us:
i. The contents of the consignment (including but not limited to weight and number of items) have been properly mentioned at the time of booking
ii. That the contents of the Consignment/items to be transported are not Prohibited Items and/or are not restricted by the Applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with all Applicable laws, rules and regulations and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any Applicable laws or regulations.
iii. That all statements and information and documents provided by you relating to the Consignment are true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. 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.
iv. We are authorised to deliver the goods at the address mentioned in the booking only and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.
v. You have declared the correct weight of the consignment and you will provide any special equipment we may be needed to load or unload the consignment on or off our vehicles.
vi. In case of failure of payment from the receiver of goods or a third party, you will promptly settle our invoice together with an administration fee in full within 7 days of our sending the invoice.
vii. All Applicable laws and regulations have been complied with.
• The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that the Company disclaims all representations and warranties of any kind, whether express 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 Company makes no representation or warranties with respect to:
i. The Services meeting the customer's requirements.
ii. The Services will be uninterrupted, timely, secure, or error-free.
iii. Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of truck services offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer'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 Company or any person or any organization involved in the above mentioned systems.
iv. Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
v. Any additional or extra charges for far off locations & toll charges as well.
vi. Any alternate arrangement(s) if the vehicle has not reached due to any reason.
vii. the uninsured goods* being transported by the customers.
*Our rates do not include any charges towards insurance. The customer should take insurance for goods being transported.
• We are not liable if we do not fulfill any obligations towards you at all as a result of:
o Circumstances beyond our control such as (but not limited to):
♣ Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
♣ Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
♣ National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
♣ Latent defects or inherent vice in the contents of the consignment.
♣ Criminal acts of third parties such as theft and arson.
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 consignment causing you to breach) your obligations under these terms and conditions.
o The contents of the consignment consisting of any article that is a prohibited item even though we may have accepted the consignment by mistake.
DANGEROUS GOODS / SECURITY
• Dangerous Goods
o We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes Applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods.
o We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the Applicable regulations and our requirements. Details of our requirements together with the procedure for Applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.
• Prohibited Items: We do not accept consignments that contain prohibited items.
• We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.
Obligations Under relevant sections of Indian Cyber Laws:
You agree and acknowledge that
- You shall not use this App/Web for any purpose that is unlawful and illegal.
- You shall not try to penetrate the App/Web and will not implant any virus, Trojan, worm, spyware, malware, spam, spam, scareware, bots, logic bomb, time bomb, key- loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our App/Web
- You shall not use this App/Web for publishing or promoting or transmitting pornographic data or child pornographic details
- You shall not carry out any App/Web jacking attacks on this App/Web.
- You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details
- You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to company or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data
Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.
Reasonable care has been taken to ascertain the accuracy of all contents. Dot2dotz App/Web unequivocally states that the contents provided in the App/Web shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform Dot2dotz App/Web about the same through all available means provided in the App/Web of Dot2dotz along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that Dot2dotz App/Web shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with Dot2dotz App/Web and providing Dot2dotz App/Web an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, service partners, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.
Intellectual Property Rights (IPR)
The graphics, software, display formats (excluding online contents uploaded by service partner in its account on App/Web), design, style, Interface, compilation, digital conversion, flow and every other matters related to the App/Web are owned by the company and protected under Applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Dot2dotz App/Web and other marks are either trademarks or registered trademarks of Dot2dotz App/Web in Dattar Solutions Private Limited having its registered office at 3, G.F, Pocket-16-A, Sector 22, Rohini, New Delhi-110086, India.
Termination of services
This Agreement shall commence on the Start Date stated in the activation email/sms and shall survive till it is terminated by the company by sending specific e-notice for the same.
If, at any time, we have reasonable grounds to believe that the user is not using the App/Web in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the services ordered, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DOS) contravention.
Limited liability clause
You agree and acknowledge that in no event shall the Company or its directors, managers, staff members, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the App/Web, the Pay Facility, or any other services under this Agreement. Further, you clearly agree and acknowledge that the Company’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. Here, it is clarified that any disputes between Truck Service Provider and End users relating to payments/services shall be governed by Truck Service Provider’s policy only. You agree and acknowledge that company being an intermediary shall never be held responsible for such disputes. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any service, content, information, software, text, graphics, links or communications provided on or through the use of the App/Web or that the operation of the App/Web or Pay Facility will be error free and/or uninterrupted. Consequently, the Company being only an intermediary assumes no liability whatsoever for any monetary damages, mental agony, bodily injury, death, accidents or other damages suffered due to any problems in the services on the part of Truck Service Providers or on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App/Web or Pay Facility.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your services, and/or refuse to provide you with access to the App/Web or initiate any legal action it may deem fit, particularly in the event:
- You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
- Failure of verification or authentication of any information provided by you;
- No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with the App/Web or use the App/Web in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the Appropriate police or other authorities for initiating criminal or civil or other proceedings against you.
Grievance Redressal Process
In case of any grievance, objection or complaint on your part with respect to the App/Web, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your services or right to use the App/Web, you should promptly raise such grievance or complaint with the designated Grievance Officer at info@Dot2dotz in and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the App/Web as required under the provisions of the Information Technology Act, 2000 and the rules made there under.
The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.
Actions in Good Faith
Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.
1. All notices given under this agreement shall be in English.
2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
Appropriation of Payments
Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.
You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.
Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of Social Media 2.0 shall be kept completely confidential.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to info@Dot2dotz and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the App/Web thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the App/Web of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of the App/Web or any service incidental to the App/Web or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall New Delhi, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in New Delhi, India shall have exclusive jurisdiction without any conflict of laws.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended 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 signatures.
This Agreement may not be assigned or sublet by the user without the prior written consent of Company.
You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.
This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.
No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.
The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.
We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.
Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and Apply to respective successors and assigns.
Payment Plans, Payment Terms & Refund Policy (Subject to change with Notification)
Payment Plans & Terms:
Payment plans for different types of trucks/transport vehicles shall be as listed on our site.
We accept advance booking only if 20% of actual payment is paid by user in advance.
You clearly agree and acknowledge that out of pocket expenses including but not limited to labour charges, parking charges, night surcharge, RTO challans, RTO taxes, waiting time charges, any type of levy and other similar charges shall not be our liability and therefore it shall be paid by you directly to the Appropriate parties.
You authorize and allow us to retain your consignments in case of any type of non-payment from your side. We may return your consignments only after due payment is received in our account.
Additional Charges Policy:
You agree and acknowledge that you shall pay extra fare charges for industrial goods which require lot of time this charges may be Applicable
Further, you agree and acknowledge that you shall pay additional fare charges in case of availability crunch of transport vehicle.
Also, you clearly understand and agree that additional drop points or pick up points shall be considered additionally in fare charges.
Cancellation & Refund Policy:
You agree and acknowledge that you believe in our success story and take our services with confidence. You agree and acknowledge before selecting services and making payment, you have evaluated our services completely as per your requirements. Also, you agree and acknowledge that there is a lot of work involved to achieve every milestone while offering services to you and therefore it shall be very difficult for us to provide any refund.
Further, you agree and acknowledge notifying us immediately for cancellation of a booking request. You shall provide us complete details of booking through our customer care interface. In case your cancellation request is accepted then there shall not be any cancellation fee and we may refund you received amount in 2 weeks’ time from the date of cancellation request accepted. However, if a truck or any other transport vehicle is engaged to carry out transportation of the materials has already been dispatched then your booking request shall not be cancelled and there shall not be any refund from our side.
Further, considering the same reasons, you agree and acknowledge that you shall not raise any dispute with payment repository/payment service providers for refunding the payment. In case if you raise any such disputes then you agree, acknowledge and allow us to instruct payment repository/payment service providers to credit payment in our account as per this clause.
Intermediary Compliance Statement
These Intermediary Guidelines of compliance statement is in compliance with section 79 of I.T. Act, 2000, and its rules namely The Information Technology (Intermediary Guidelines) Rules, 2011. This statement applies to all users of www.Dot2dotz App/Web and other integrated systems (“Dot2dotz App/Web”). By using this App/Web, you agree and acknowledge to be bound by terms of this statement. References in these Terms to "we" or "us" are references to Dot2dotz App/Web and its integrated systems and “you” as users of Dot2dotz App/Web.
The issue of intermediary compliance is extremely crucial for Dot2dotz App/Web which is committed to safeguarding the information provided by its users as well safeguarding interest of various government agencies.
Terms of statement
(2) As per Such rules and regulations, terms and conditions or user agreement, we hereby inform you not to host, display, upload, modify, publish, transmit, update or share any information that, -
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, blasphemous, defamatory, obscene, pornographic including child pornography, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, dispersing, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever;
(c) Harms minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonates another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 offence or is insulting any other nation.
(3) We at Dot2dotz Agree that we shall not knowingly host or publish any information or shall not initiate the transaction, select the receiver or transmission and select or modify the information contained in the transmission as specified in clause 2.
(4) We at Dot2dotz Agree that upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in clause 2 above, have established the system to act within thirty six hours and where Applicable, work with user of such information to disable such information that is in contravention of clause 2. Further, we agree to preserve such information and associated records for at least ninety days for investigation purposes. Furthermore, you clearly agree and acknowledge that you remain solely liable for the content you post in your private messages or on the App/Web.
(6) We at Dot2dotz Agree and acknowledge that when required by lawful order, we will provide information or any such assistance to various Government Agencies who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidences and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
(8) We at Dot2dotz Agree to share cyber security incidents related information with the Indian Computer Emergency Response Team of India (CERT-IN) as and when requested by authorized representative of CERT-IN.
(9) We at Dot2dotz Agree that we shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force. Provided that we may develop, produce, distribute or employ technical means for the sole purpose of performing the acts of securing the computer resource and information contained therein.
(10) We declare that our Grievance Officer shall redress the complaints within one month from the date of receipt of complaint. Affected parties and Govt. authorities are requested to use below information for any grievances.
Designation: Grievance Officer, Dot2dotz
Contact email: info@Dot2dotz
Our Process of grievance handling:
Step1: Send email stating facts on our contact email.
Step2: We will send you reply for more details.
Step3: Provide more details and e-evidences to support your facts.
Step4: Grievance Resolution.
www.Dot2dotz and other integrated services here in after Referred to as “Dot2dotz App/Web.” assures to try its best for relevant services but does not warrant the accuracy or completeness of the services, information and materials or the reliability of any services, advices, opinions, statements or other information as displayed or distributed through the online services, materials and information considering inherent risks relating to technology. You agree and acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your own/sole risk and consequences attached thereto. Owing to any typographical error, technical fault or product information published, there may be an incorrect reflection of price of any services and in such an event Truck service provider may cancel order(s).
Dot2dotz App/Web hereby reserves its right, in its sole discretion, to correct/rectify any errors or omissions in any portion of its service, information and materials. Dot2dotz App/Web may make any other changes/improvements in to the services, information, materials, products, programs or prices (if any) described/published on the App/Web at any time without any prior notice. All data and information provided on this App/Web is for the purpose of information only.
Dot2dotz App/Web makes no representations as to accuracy, completeness, suitability, or validity of any services, information and materials on this site and shall not be liable for any errors, omissions, anomalies or delays in the same or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. The content is provided for general information only, and you clearly agree and acknowledge that it shall never be treated as a substitute for the professional advice. Any opinions stated on the Site are the opinions of the authors/service providers. Dependence on any information provided by other visitors to the Site or us is solely at your own risk.
The content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors or may there be a case of omission. Dot2dotz App/Web makes no representations about the results to be obtained from using the App/Web or the contents there of. The use of the site and the contents is at your own risk. Tips and advice noted on the site might or might not work for everyone or every time and is not a substitute for proper professional advice. The contents posted by you in the form of suggestions and reviews will become our property and you thus grant us the perpetual and transferable rights in such contents. For such use of content by us shall not entitle you any payment or other compensation.
We do not warrant that the servers that make this site available will be error, virus, contaminant, malware or bug free and you agree and accept that it is your responsibility to make adequate provision for protection against such threats. We recommend you for malware/virus scanning every time before using our site including related services and information.
You agree and acknowledge that in Dot2dotz App/Website shall never be considered as liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings, litigation/legal issues or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this site or any linked App/Webs/sites. Also, you agree and acknowledge that Dot2dotz App/Web shall never be held responsible for any disputes relating to quality and timeliness of actual truck services considering site’s role of being an intermediary. You clearly agree and acknowledge to fully indemnifying us in case of any such liabilities.
You further agree that Dot2dotz App/Web shall not be held responsible for any uncontrollable security attack leading to failures of confidentiality, accuracy, integrity and availability of information on this App/Web/site and in such cases you agree that Dot2dotz App/Web shall not be held responsible for any type of losses that may occur to you as given in provisions of Indian Information Technology Act, 2000 including any amendments in the said Act and any other relevant Acts. You hereby agree that this disclaimer is governed by Laws of India subject to jurisdiction of Baroda, Gujarat without any conflicts of law.
Nothing in this disclaimer notice excludes or limits any warranty implied by law or fraud through negligence, or anything else which it would not be lawful for Dot2dotz App/Web LLP to exclude.
By using this App/Website, you agree and acknowledge to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this site if you do not agree that they are reasonable. If any of the points in this disclaimer notice are found to be unenforceable under Applicable law than that shall have no bearing on the enforceability of the rest of the disclaimer notice.
By using this App/Website, you are clearly accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you shall not use this site.