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General Terms of Use
Posted by Sophia C on 21 September 2014 12:34 PM
Please read this carefully because it sets out the terms of a legally binding agreement between you and Truckaurbus.
 

Introduction

  • TRUCK AUR BUS, Truckaurbus Marketplace Private Limited (“truckaurbus”, "Truckaurbus", "Truck aur bus", "TRUCK AUR BUS", "TRUCKAURBUS", “we”, “our”, “us”), makes available to you the information on this website (the “Website”) in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the “Terms”). By using the Website you are agreeing to these Terms. We may modify these Terms from time to time. Please read these Terms and check back often. If you do not agree to these Terms or changes thereto then you must immediately stop using the Website.
  • If you choose to access the Website from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

 

 In a nutshell

As a condition of your use of Truckaurbus (including truckaurbus.com and its related websites, services, applications and tools) you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Truckaurbus or the interests or property of Truckaurbus users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Truckaurbus;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Truckaurbus and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the Truckaurbus site, services, applications or tools or Truckaurbus's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to Truckaurbus;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
  • You are solely responsible for all information that you submit to Truckaurbus and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Truckaurbus either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Truckaurbus websites, services, applications or tools, we may, at our discretion, inform other Truckaurbus users that have been in contact with you and recommend that they exercise caution

 

Registration

  • We provide most of this Website on an open access basis but you will need to register an account with us to use certain features. Should any of your registration information change, please update them immediately at the Website. We reserve the right to change registration requirements from time to time.
  • You warrant that all information provided by you are true, accurate, current, and complete in all respects.
  • You must be at least 18 years old to register to use the Website. By registering to use the Website, you represent that you are over 18.
  • We reserve the right to decline a new registration or to suspend or terminate any account at any time at our sole and absolute discretion.
  • We reserve the right to suspend, terminate, change or discontinue membership benefits at any time at our sole and absolute discretion.
  • The account password you provide should be unique and kept secure. You agree that you are solely responsible for maintaining the confidentiality of your account and password, and to notify us immediately of any unauthorised use of your password or account..
  • You agree that we may contact you at any time through the contact details you have registered at our Website, and that all communications from you to us shall be made by way of the contact details set out on our home page.
  • Please refer to our Privacy Policy for information about how we use your personal data.

User Obligations

You agree that you will not:

  • use the Website for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages.
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same.
  •  use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • engage in mass automated or systematic extraction of the material (“the Content”) on our Website, or use it to create or include it within another electronic database, or try to re-sell it or re-distribute it. We reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Website content.
  • Violate any applicable laws or regulations.Create a false identity for the purpose of misleading others.

 

Abusing Truckaurbus

Truckaurbus and the Truckaurbus community work together to keep the Truckaurbus websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Truckaurbus if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Truckaurbus employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Truckaurbus or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Truckaurbus or use of Truckaurbus by users.

Fees and Services

Using Truckaurbus is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the Truckaurbus website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Truckaurbus fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the Truckaurbus sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Truckaurbus users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your ads went live with exposure on the Truckaurbus sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed into "edit/suspended/inactive" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the Truckaurbus Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Truckaurbus reserves the right to vary the amount of content and types of service that it makes available to different categories of user. If you are an Truckaurbus.com subscriber who has bought a listing/Advertising Plan, any reduction in the scope of your Plan will take effect only after we have given you at least 30 days’ (or the lifetime of the Plan whichever is shortest) notice, and will apply from the date of your next payment following that 30-day period.

Contract formation: Truckaurbus will try to process your Plan subscription promptly but does not guarantee that your Plan will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Plan. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your Plan. Truckaurbus reserves the right to reject any offer in its discretion, for any or no reason.

Payment details: when you purchase a Plan, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a Plan using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription Plan. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

Pricing: the Plan subscription price will be made clear to you on our 'choose a Plan' pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you purchase your Plan. For certain Plans you can take out either an annual or monthly (or other frequency we offer) subscription. Other Plan services may only require a one-off payment. You can also take out any other fixed term or payment frequency that we may offer from time to time. The currency in which your Plan is payable will be specified during the order process, depending on the service and your country of residence. You may also have to pay any applicable local taxes. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term (or lifetime) of your Plan. We will always tell you in advance of any increase in the price of your Plan and offer you an opportunity to cancel it if you do not wish to pay the new price.

Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a Plan at that price, even if we have mistakenly accepted your offer to buy a Plan at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the Plan without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your Plan and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Other costs: in addition to any Plan subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing Truckaurbus.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Trials: we may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your Plan with effect from the expiry of the trial period. No more than one trial per user is allowed in any twelve month period.

Intellectual Property Rights

You acknowledge and agree that we own, or has the licence to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.

Notification of Infringement

  •  If you believe that your copyright has been infringed, and such infringement is occurring on this Website, please notify us in writing immediately in the form and containing the information prescribed by the India Copyright Act (“Infringement Notice”). All Infringement Notices shall be delivered by hand to us at the following address: Attn : The Administrator  A/502, Murlidhar, Ghod Dod Road, Surat, Gujarat – 395007
  •  We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Website prior to such removal by us.
  • You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Website.

User Generated Content

Truckaurbus contains content from us, you, and other users. Truckaurbus is protected by copyright laws and international treaties. Content displayed on or via Truckaurbus is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Truckaurbus without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Truckaurbus. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Truckaurbus (other than your own content). When you give us content (including without limitation, any photograph, words, pictures, or symbols)  in any form, in all media now known or hereinafter created and for any purpose, subject to our Privacy Policy, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools eg. our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We also reserve the right to remove any content submitted by you from our Website at our sole and absolute discretion. 

Third Party Sites

Links on the Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Website. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.

No Guarantee of Access

We do not guarantee access to our Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.

Suspension and Termination

  •  You agree that you will be personally responsible for your use of the Website and for all of your communication and activity on and pursuant to the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Website on a temporary or permanent basis.
  • We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) if the Website, at our sole and absolute discretion, at any time and without notice.

Indemnity

At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Exclusion of Liability and Limitations of Truckaurbus Content

The Truckaurbus Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the Truckaurbus Content, including prices and specifications of new Commercial Vehicles and any other content provided by third parties and distributed by Truckaurbus.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Truckaurbus. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.

Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Truckaurbus.com are at your own responsibility and entered into at your own risk. Any information that you receive via Truckaurbus.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.

a) What we promise:

Truckaurbus promises to develop and operate Truckaurbus.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.

b) What we do not promise:

Truckaurbus does not provide any other promises or warranties about Truckaurbus.com and the Truckaurbus Content. Truckaurbus.com and the Truckaurbus Content are provided on an “as is” and “as available” basis. This means that Truckaurbus does not make any promises in respect of Truckaurbus.com or the services and functions available on or through Truckaurbus.com or of the quality, completeness or accuracy of the information published on or linked to from Truckaurbus.com other than as expressly stated above.

The above disclaimers apply equally to your use of Truckaurbus.com and all Truckaurbus Content. Without limiting the above, Truckaurbus is not liable for matters beyond its reasonable control. Truckaurbus does not control third party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.

c) Our financial responsibility to you:

You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of Truckaurbus.com or the Truckaurbus Content (to the extent that Truckaurbus’s liability is not otherwise excluded by this section) as follows:

If you incur any loss as a result of using Truckaurbus.com or any Truckaurbus Content outside the scope of these terms and conditions, Truckaurbus accepts no responsibility (liability) to you for this.

You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.

Truckaurbus will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Truckaurbus’s breach of a legal duty of care owed to you.

Truckaurbus will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.

If you have a purchased a plan then you may terminate your plan immediately in writing to Truckaurbus if Truckaurbus.com is unavailable or inaccessible to you for either (a) more than 3 consecutive days during your plan; or (b) more than 5 days in a 30 day period, as a result of the fault or failure of Truckaurbus, in which case we will refund you any amount that you have paid to us in advance that relates to any period which was still to run on your acquired plan. You may instead at your option receive a renewal to your plan free-of-charge at the point of renewal.
The limitations of liability in this section apply for the benefit of Truckaurbus, its affiliates and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.

To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the Truckaurbus Content.

Truckaurbus’s liability will not be limited in the case of death or personal injury directly caused by Truckaurbus’s negligence in those countries where it is unlawful for Truckaurbus to seek to exclude such liability.

We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:

  • any access, use or the inability to access or use the Website, or reliance on the content and/or any information in the Website;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
  • any use of or access to any other website linked to the Website, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks;
  • We are not obligated to monitor, control or endorse the content on the Website, and therefore specifically disclaims any liability arising from or in connection with your use of the Website. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Website at our sole discretion at any time, without notice, for any reason whatsoever.
  • This exclusion clause shall take effect to the fullest extent permitted by Indian law.

 

General

  1. No partnership/agency: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. You agree that you may not and will not hold yourself out as our representative, agent, or employee, and we shall not be liable for any representation, act, or omission on your part.
  2. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
  3. Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
  4. Entire agreement: These Terms (and our Privacy Policy) contains all these Terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms) and that party’s only remedies shall be for breach of contract as provided in these Terms.
  5. No waiver: No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless signed in writing by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
  6.  Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail or in such other method as required by law.
  7. Survival: In any event, the provisions of Clauses 5, 6, 7 and 11 of these Terms shall survive termination of these Terms. In the event you use the Website again, then the provisions of these Terms and conditions that then apply will govern your re-use of the Website.
  8. Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
  9. Third Party Rights: No person shall have any right pursuant to the Indian Contract Act 1872 to enforce any of the above terms and conditions.
  10. Governing law: These Terms shall be construed and its performance governed in accordance with the law of the Republic of India and you fully agree to submit to the exclusive jurisdiction of the India courts.

 

Changes to Terms and Conditions

These terms and conditions were published on 22nd December 2014 and replace with immediate effect the terms and conditions previously published on 21st September 2014. The only change was to 'Exclusion of Liability and Limitations of Truckaurbus Content', to reflect the fact realtime data may not always be realtime for the end user. 


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