TERMS & CONDITIONS

1. EFFECTIVE DATE: July 09, 2021
   
2. BINDING AGREEMENT; Description. M/s. Truck Porter (“Truck Porter,” “we,” “us” or “our”) provides and makes available its goods transportation aggregator technology platform to connect drivers and customers through website located at www.TruckPorter.com (the “Site”) and its Truck Porter mobile application (the “App”) (collectively, the “Service”).
   
3. Truck Porter is a partnership firm incorporated and organized under the laws of India. Registered office address is at 5 Sarathy Nagar, Singanallur, Coimbatore, Tamil Nadu 641005. Our contact email address is [email protected] and phone number is +91 – 86 86 03 03 88. Truck Porter is the sole owner of this website domains www.truckporter.com and www.truckporter.app and the mobile applications available for download on Google Play Store and Apple App Store.
   
4. All uses of the Service are subject to the terms and conditions in this End User License and Terms of Service (this “EULA”). Please read this EULA carefully.
   
5. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.
   
6. As further described below, this EULA requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
   
7. CHANGES TO THIS EULA.

You understand and agree that Truck Porter may change this EULA at any time without prior notice; provided that Truck Porter will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Truck Porter provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section. No revisions to this EULA will apply to any dispute between you and Truck Porter that arose prior to the effective date of such revision.

8. PRIVACY POLICY.

Your access to and use of the Service is subject to Truck Porter’s Privacy Policy located at www.TruckPorter.com/privacy-policy (“Privacy Policy”), which is incorporated herein by reference.

9. ELIGIBILITY.

The service is not for persons under the age of 18 or for any users previously suspended or removed from the service by truck porter. if you are under 18 years of age, you must not use or access the service at any time or in any manner. by using the service, you affirm that you are at least 18 years of age.

10. THE SERVICE.

• DESCRIPTION. Truck Porter is a technology platform aggregator service. The Service provides independent delivery professionals (“Delivery Professionals”) with a network through which Delivery Professionals can provide delivery services (each such delivery service is a “Project”). Any person who accesses and/or uses the Service to connect with a Delivery Professional is a “Customer.” Truck Porter does not provide professional services. Truck Porter offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend, provide such services.

• LIMITATIONS.

truck porter does not provide transportation services. we are not a transportation carrier or a moving or hauling of freight carrier. it is up to customers and delivery professionals to offer and provide the pick-up, carry, and delivery services that may be scheduled through use of the service. truck porter offers information and a platform to facilitate arrangement of pick-up, carry, and delivery services, but does not, and does not intend to, provide transportation services or act in any way as a transportation carrier or a moving or hauling of freight carrier. we have no responsibility or liability for any pick-up, carry, or delivery services provided to you through the service.

• Truck Porter does not accept consignments that contain Prohibited Items. Dangerous Goods will be accepted only if they comply with the applicable regulations and our requirements. Please contact our office to get the list of requirements and surcharge information. For reference, “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport. “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by Applicable Law.

• 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.
  
  11. MOBILE SERVICES.

The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

12. Registration.

• ACCOUNTS. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Delivery Professional or a Customer. If you create an Account as a Delivery Professional, you will also be required to agree to the Agreement for Delivery Professionals to Engage Truck Porter for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Organization.

• THEFT OF CREDENTIALS. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Truck Porter immediately at [email protected], and change your password at the earliest opportunity. Truck Porter will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Truck Porter of the unauthorized use or loss of your credentials.

• RULES FOR CUSTOMERS. The terms in this Section apply to Customers and not to Delivery Professionals.

• REQUESTING PROJECTS. In order to request a Project, you will have to specify certain information about the Project, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, Truck Porter will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Project for you and will provide them applicable details regarding the Project. If no Delivery Professionals are available, Truck Porter will notify you that there are no Delivery Professionals available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Delivery Professional for the applicable Project.

• PROHIBITED ITEMS.

YOU MAY NOT, UNDER ANY CIRCUMSTANCES use Truck Porter for transporting prohibited items. For a complete and current list of prohibited items, please contact our office. All applicable Indian regulations shall absolutely be followed. Dangerous goods are allowed only after you satisfy all regulatory requirements and get prior approval from Truck Porter.

13. RIGHT TO REFUSE SERVICE:

• A delivery professional has the right to open and inspect any box or cargo and may refuse to perform the project for any project to or from any location, or to intercept, hold, or return any items, when, among other reasons, the delivery professional, in his or her sole reasonable discretion, determines that it is unsafe or economically or operationally impracticable to perform the project, or that the service is being used in violation of central, state, or local law, or for fraudulent purposes.

• The service is not intended to be used for the delivery of any prohibited goods and truck porter will cooperate fully with any law enforcement investigation regarding any prohibited goods delivered through use of the service.
  
  14. FEES.

The base fee for each Project will be displayed to you on the Service, and include expenses that may be incurred by the Delivery Professional in the normal course of completing your Project (collectively, “Base Fees”), that may exclude additional fee like parking, tolls, among others. The Project will begin when Delivery Professional begins loading cargo and the Project will end once Delivery Professional has safely unloaded all cargo and confirmed the Base Fee is correct via the Service for online payments, or collected cash in case of cash on delivery payments. Truck Porter is not responsible for any actions performed by Delivery Professional that occur after the Project is complete.

15. Information on the indicative pricing and charges for all services offer on the Truck Porter Platform is available on the Truck Porter Mobile App or will be informed by our Call Center representative at the time of booking. The actual pricing and charges will be known to you once we have the information regarding your consignment and the destination and any other relevant information. We reserve the right to change the pricing without notice to you since it is dynamic, and pricing is based on several factors depending on the nature of your consignment. We also reserve the right to customize the pricing for different users based on specific requirements applicable to each booking.

16. PAYMENT:

Unless otherwise agreed, Truck Porter accepts credit cards through independent payment service providers. Base Fees are due immediately following the applicable Delivery Professional’s confirmation of completion of your Project. If you cancel your Project more than 5 minutes of ordering, then Truck Porter shall charge you cancellation fee of upto Rs.150 depending on the vehicle booked. If you choose CASH as payment method while booking, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment. If the payment method specified by you fails or your account is past due, then:

• you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted,

• we may collect fees owed using other collection mechanisms if it remains unpaid; and

• we reserve the right to either suspend or terminate your account or any pending services, including deletion of your account.

• You agree to submit any disputes regarding any charge to your account in writing to us within thirty (15) days of such charge, otherwise such dispute will be waived, and such charge will be final and not subject to challenge.
  
  17. GENERALLY OUR BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE. However, in cases of erroneous transactions and other exceptional cases, we may refund at our sole discretion. You can email us at [email protected] with relevant details.
  
  18. INSURANCE AND LIABILITY.

Your maximum claim for damages of any or all Items to be delivered for a particular Project will be the lower of the declared value of the Items that you specified when requesting the Project or Rs.500 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Project.

19. Undeliverable Items. Delivery Professionals will make commercially reasonable efforts to deliver Items for Customer. If Delivery Professional is unable to safely deliver Items to Customer’s selected destination then Delivery Professional will attempt to return items to the Customer’s chosen pickup location at the Customer’s expense. If Delivery Professional is unable to return item to the pickup location and Delivery Professional is forced to hold onto Customer’s item then the Customer will be charged a storage fee per calendar day or forwarding fee or disposal fee subject to the price set by Truck Porter.

20. Payment Processor: Fees (including Base Fees) for using the Service will be processed through independent payment service providers, or under the advance payments scheme operated by us only for users of the Truck Porter Platform as a closed group e-wallet (the “Truck Porter Wallet”). In the event the payment cannot be accepted through the online payment methods, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment. GST, as applicable, will be levied on the Invoice. Invoices will not be revised retrospectively for delay in providing GST registration information.

21. Truck Porter reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including GST) required to be paid on their use of the Service or on any related payment received. Truck Porter will authorize and place a hold on customer’s credit card at the time the order is received by Truck Porter.

22. INACTIVE ACCOUNTS POLICY:

We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [180] days, at our sole discretion. In the event of such termination, all data associated with such account may be deleted. We may not retain data for inactive accounts.

23. MONITORING:

We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.

24. INTELLECTUAL PROPERTY RIGHTS

• LICENSE. The Service is licensed, not sold, to you for use only under the terms of this EULA. Truck Porter reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Truck Porter hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service.

• CONTENT. Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Truck Porter or Truck Porter’s third party licensors (the “Truck Porter Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Truck Porter solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.

• MARKS. The Truck Porter trademarks, service marks, and logos (the “Truck Porter Trademarks”) used and displayed on the Service are Truck Porter’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Truck Porter Trademarks, the “Trademarks”). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Truck Porter’s prior express written consent for each individual use. You may not use the Trademarks to disparage Truck Porter or the applicable third-party, Truck Porter’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Truck Porter’s prior express written consent. All goodwill generated from the use of any Truck Porter Trademark will inure solely to Truck Porter’s benefit.

• RESTRICTIONS. You may not sell, transfer, assign, license, sublicense, or modify the Truck Porter Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Truck Porter Content in any way for any public purpose. The use or posting of any of the Truck Porter Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA, then your right to access and/or use the Truck Porter Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Truck Porter.
  
  25. USER CONTENT.

• Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the India or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.

• SCREENING USER CONTENT.

Truck Porter offers users the ability to submit User Content to the Service. Truck Porter does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Truck Porter has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or inappropriate. Truck Porter does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Truck Porter be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.

• INTELLECTUAL PROPERTY RIGHTS. you may or may not retain ownership of any rights you may have while submitting comments (via website or other means) or content to truck porter. do not share any of your confidential or proprietary user content to truck porter unless required for the delivery service.

• LICENSES TO USER CONTENT. You hereby grant Truck Porter an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this EULA. You further grant Truck Porter a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Truck Porter any User Content that you consider to be confidential or proprietary.

• You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.

• WAIVER OF RIGHTS TO USER CONTENT. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

• NO LIABILITY.

For the avoidance of doubt, Truck Porter will not be liable for any unauthorized use of User Content by any other user or third party.

26. RESTRICTIONS ON USE OF THE SERVICE.

In using the Service, you agree not to:

• take any action that imposes an unreasonable load on the Service’s infrastructure;

• use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;

• alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;

• use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Truck Porter;

• access, tamper with, or use non-public areas of the Service, Truck Porter’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Truck Porter’s providers;

• harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Truck Porter employees;

• provide any false personal information to Truck Porter;

• create a false identity or impersonate another person or entity in any way;

• restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;

• gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;

• post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;

• interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;

• do anything that causes Truck Porter to become subject to regulation as a transportation carrier or provider of taxi services.

• violate any applicable federal, state, or local laws or regulations or the terms of this EULA; or

• assist or permit any persons in engaging in any of the activities described above.
  
  27. Notwithstanding anything contained in the terms of service or the goods receipt / consignment note / goods forwarding note, you acknowledge and agree that we shall not incur any liability for any damages of any kind arising from the use of the service provided by us, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Further, we shall not be responsible for any loss you may suffer for any reason whatsoever, including due to non-compliance with applicable law or these terms of service, or arising out of any event beyond our control, including but not limited to, acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, national or local disruptions in 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, etc.
  
  28. EXTERNAL SITES.

The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Truck Porter is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk

29. FEEDBACK.

We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Truck Porter or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Truck Porter, you agree that:

• Truck Porter has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

• Feedback is provided on a non-confidential basis, and Truck Porter has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

• You irrevocably grant Truck Porter perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
  
  30. DISPUTE RESOLUTION.

In the interest of resolving disputes between you and the Truck Porter in the most expedient and cost effective manner, you and the Truck Porter agree that any dispute arising out of or in any way related to this EULA or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND TRUCK PORTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

• Exceptions.

Despite the provisions of the Section entitled “Generally” directly above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

• Arbitrator.

Any arbitration between you and the Truck Porter will be governed by the Arbitration and Conciliation Act, 1996 of India and will be administered by the arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

• Notice:

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by Postal Mail or electronic mail (“Notice”). Truck Porter’s address for Notice is: [email protected] The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Truck Porter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Truck Porter must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

• Any arbitration hearing will take place at a location to be agreed upon in Coimbatore, India. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the Arbitrator Rules. In that case, you agree to reimburse Truck Porter for all monies previously paid by it.

• No Class Actions.

you and truck porter agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. further, unless both you and Truck Porter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

• Modifications to this Arbitration Provision:

If Truck Porter makes any future change to this arbitration provision, other than a change to Truck Porter’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Truck Porter’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Truck Porter.

• ENFORCEABILITY.

If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this EULA or your use of the Service.

• CHOICE OF LAW & VENUE:

This EULA will be governed and construed in accordance with the Indian law in the State of Tamil Nadu and City of Coimbatore. For any lawsuit or court proceeding permitted under this EULA, you and Truck Porter agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Coimbatore, Tamil Nadu.

31. Limitation of Liability and Disclaimer of Warranties.

• to the fullest extent permitted by law, truck porter, its affiliates, and their respective officers, directors, employees, agents, suppliers and licensors (collectively, the “truck porter parties”) make no warranties or representations about the service and any content available on the service, including but not limited, to the accuracy, reliability, completeness, timeliness or reliability thereof. the truck porter parties will not be subject to liability for the truth, accuracy or completeness of any content or any other information conveyed to any user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or information stream from whatever cause. to the fullest extent permitted by law, as a user, you agree that you use the service and any content at your own risk.

• to the fullest extent permitted by law, the truck porter parties do not warrant that the service will operate error free, or that the service and any content are free of computer viruses or similar contamination or destructive features. if your use of the service or any content results in the need for servicing or replacing equipment or data, no truck porter party will be responsible for those costs.

• to the fullest extent permitted by law, the service and all content are provided on an “as is” and “as available” basis without any warranties of any kind. to the fullest extent permitted by law, the truck porter parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.

• to the fullest extent permitted by law, in no event will any truck porter party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the service and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such truck porter party has been advised of the possibility of such damages. truck porter’s liability, and the liability of any other truck porter parties, to you or any third parties in any circumstance is limited to INR 5,000/- (Rupees five thousand only).

• Truck Porter is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Truck Porter does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. truck porter does not have control over, and has no responsibility for, any damage to items. neither truck porter nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of our service and truck porter and its affiliates and licensors are not be liable for any loss, claim, injury or damage arising in connection with your use of the service. by using the service you thereby release truck porter and its affiliates or licensors from any liability related to any use of our service or the conduct or misconduct of a user.

• you are solely responsible for your interactions with drivers and users on our platform. you understand that we may not conduct criminal background checks or screenings on users of the service. we make no representations or warranties as to the conduct of users of the service. truck porter reserves the right to conduct any criminal background check or other screenings, at any time. in no event will the truck porter parties be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, property damage, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through the service. you agree to take reasonable precautions in all interactions with other users of the service. you assume all risk when engaging the services of any other user and in connection with using the service, including but not limited to any risks associated with a project. all users expressly agree not to hold the released parties liable for any services delivered which originated through the service and the released parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the service, the information provided through the service and the services provided by or to any user of the service. truck porter does not make any guarantees as to insurance policies held by delivery professionals.
  
  32. THIRD PARTY DISPUTES.

Truck Porter is not affiliated with any carrier, service provider, or other third party service, and any dispute you have with any carrier, service provider, third party service or other third party, including, without limitation, any other user of the service, is directly between you and such third party, and, to the fullest extent permitted by law, you irrevocably release the truck porter parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

33. INDEMNIFICATION. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Truck Porter Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, or your access to, use or misuse of the Truck Porter Content or Service. Truck Porter will notify you of any such claim, suit, or proceeding. Truck Porter reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Truck Porter’s defense of such matter.

34. TERMINATION OF THE EULA. Truck Porter reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Truck Porter reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

35. CONSENT TO ELECTRONIC COMMUNICATIONS. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

36. MISCELLANEOUS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Truck Porter as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Truck Porter other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Truck Porter’s failure to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Truck Porter unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Truck Porter and you, this EULA constitutes the entire agreement between you and Truck Porter with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Truck Porter. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Truck Porter may assign this EULA, including all its rights hereunder, without restriction.

37. CONTACT US.

If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: [email protected]

38. PROMOTIONS.

Truck Porter may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals or using online payments. These rewards will come in the form of Truck Porter Cashback Credits that can be used to purchase Services on the Truck Porter platform only.

• Truck Porter Credits can be redeemed using the Truck Porter Apps or Website. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a Project. Credits can not be retroactively added to a Project that has already been scheduled.

• Credits earned using illegal or fraudulent methods will be null and void. Truck Porter reserves the right to cancel or suspend these Promotions at any time. Promo codes are not valid for cash.
  
  39. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
  
  40. All the calls made to the Company’s call center are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees, or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the ‘National Do Not Call Register’ or the ‘Private Do Not Call Register’ in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.
  
  41. DISCLAIMER: All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the drivers and the vehicles alike.
  
  42. The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
  
  43. This software is provided by the copyright holders and contributors “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. in no event shall the copyright holder be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
  
  44. General: A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
  
  45. Questions and Suggestions

• If you have questions, suggestions, complaints or would like to contact us as per these Terms of Service, please contact us through our website form at http://www.truckporter.com/contact or you can email us at [email protected]

• If you want to send a postal email, please send it our Office address:
  5 Sarathy Nagar, Singanallur, Coimbatore, Tamil Nadu 641005. Office Phone: 86 86 03 03 88.
  
  46. Frequent update of this document updated:

• Truck Porter reserves the right to update the terms and conditions laid out in this document. The user will be intimated by email whenever the terms and conditions have been updated, and the user shall have a time of 07 (seven) working days to opt-out of the service, if he is not ready to abide by the new terms. Truck Porter will provide copy of all terms and conditions and all documents including their versions and update, as and when requested by email, or is openly available at any of the offices of Truck Porter.

• Last Update Date: July 21, 2021

– End of Document –

Detailed Terms:

Binding Agreement; Description. Truck Porter Inc. (“Truck Porter,” “we,” “us” or “our”) provides and makes available its goods transportation aggregator technology platform to connect drivers and customers through website located at www.Truck Porter.com (the “Site”) and its Truck Porter mobile application (the “App”) (collectively, the “Service”).

Truck Porter is a partnership firm incorporated and organized under the laws of India. Registered office address is at 5 Sarathy Nagar, Singanallur, Coimbatore, Tamil Nadu 641005. Our contact email address is [email protected] and phone number is +91 – 86 86 03 03 88. Truck Porter is the sole owner of this website domains www.truckporter.com and www.truckporter.app and the mobile applications available for download on Google Play Store and Apple App Store.

All uses of the Service are subject to the terms and conditions in this End User License and Terms of Service (this “EULA”). Please read this EULA carefully.

By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.

AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to this EULA. You understand and agree that Truck Porter may change this EULA at any time without prior notice; provided that Truck Porter will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Truck Porter provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section. No revisions to this EULA will apply to any dispute between you and Truck Porter that arose prior to the effective date of such revision.

Privacy Policy. Your access to and use of the Service is subject to Truck Porter’s Privacy Policy located at www.TruckPorter.com/privacy-policy (“Privacy Policy”), which is incorporated herein by reference.

Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY TRUCK PORTER. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.

The Service.

Description. Truck Porter is a technology platform aggregator service. The Service provides independent delivery professionals (“Delivery Professionals”) with a network through which Delivery Professionals can provide delivery services (each such delivery service is a “Project”). Any person who accesses and/or uses the Service to connect with a Delivery Professional is a “Customer.” Truck Porter does not provide professional services. Truck Porter offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend, provide such services.

Limitations. TRUCK PORTER DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS AND DELIVERY PROFESSIONALS TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. TRUCK PORTER OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICES PROVIDED TO YOU THROUGH THE SERVICE.

Truck Porter does not accept consignments that contain Prohibited Items. Dangerous Goods will be accepted only if they comply with the applicable regulations and our requirements. Please contact our office to get the list of requirements and surcharge information. For reference, “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport. “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by Applicable Law.

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.

Mobile Services. The App may offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

Registration.

Accounts. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Delivery Professional or a Customer. If you create an Account as a Delivery Professional, you will also be required to agree to the Agreement for Delivery Professionals to Engage Truck Porter for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or organization (each an “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Organization.

Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Truck Porter immediately at [email protected], and change your password at the earliest opportunity. Truck Porter will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Truck Porter of the unauthorized use or loss of your credentials.

Rules for Customers. The terms in this Section apply to Customers and not to Delivery Professionals.

Requesting Projects. In order to request a Project, you will have to specify certain information about the Project, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, Truck Porter will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Project for you and will provide them applicable details regarding the Project. If no Delivery Professionals are available, Truck Porter will notify you that there are no Delivery Professionals available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Delivery Professional for the applicable Project.

Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES use Truck Porter for transporting prohibited items. For a complete and current list of prohibited items, please contact our office. All applicable Indian regulations shall absolutely be followed. Dangerous goods are allowed only after you satisfy all regulatory requirements and get prior approval from Truck Porter.

A DELIVERY PROFESSIONAL HAS THE RIGHT TO OPEN AND INSPECT ANY BOX AND MAY REFUSE TO PERFORM THE PROJECT FOR ANY PROJECT TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR RETURN ANY ITEMS, WHEN, AMONG OTHER REASONS, THE DELIVERY PROFESSIONAL, IN HIS OR HER SOLE REASONABLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PERFORM THE PROJECT, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF CENTRAL, STATE, OR LOCAL LAW, OR FOR FRAUDULENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND TRUCK PORTER WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED THROUGH USE OF THE SERVICE.

Fees. The base fee for each Project will be displayed to you on the Service, and include expenses that may be incurred by the Delivery Professional in the normal course of completing your Project (collectively, “Base Fees”), that may exclude additional fee like parking, tolls, among others. The Project will begin when Delivery Professional begins loading cargo and the Project will end once Delivery Professional has safely unloaded all cargo and confirmed the Base Fee is correct via the Service for online payments, or collected cash in case of cash on delivery payments. Truck Porter is not responsible for any actions performed by Delivery Professional that occur after the Project is complete.

Information on the indicative pricing and charges for all services offer on the Truck Porter Platform is available on the Truck Porter Mobile App or will be informed by our Call Center representative at the time of booking. The actual pricing and charges will be known to you once we have the information regarding your consignment and the destination and any other relevant information. We reserve the right to change the pricing without notice to you since it is dynamic, and pricing is based on several factors depending on the nature of your consignment. We also reserve the right to customize the pricing for different users based on specific requirements applicable to each booking.

Payment. Unless otherwise agreed, Truck Porter accepts credit cards through independent payment service providers. Base Fees are due immediately following the applicable Delivery Professional’s confirmation of completion of your Project. If you cancel your Project more than 5 minutes of ordering, then Truck Porter shall charge you cancellation fee of upto Rs.150 depending on the vehicle booked. If you choose CASH as payment method while booking, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment.

If the payment method specified by you fails or your account is past due, then:

– you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted,

– we may collect fees owed using other collection mechanisms if it remains unpaid; and

– we reserve the right to either suspend or terminate your account or any pending services, including deletion of your account.

You agree to submit any disputes regarding any charge to your account in writing to us within thirty (15) days of such charge, otherwise such dispute will be waived, and such charge will be final and not subject to challenge.

GENERALLY OUR BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE. However, in cases of erroneous transactions and other exceptional cases, we may refund at our sole discretion. You can email us at [email protected] with relevant details.

Insurance and Liability. Your maximum claim for damages of any or all Items to be delivered for a particular Project will be the lower of the declared value of the Items that you specified when requesting the Project or Rs.500 (in aggregate) for any verifiable damage to the Items that occurred during performance of the applicable Project.

Undeliverable Items. Delivery Professionals will make commercially reasonable efforts to deliver Items for Customer. If Delivery Professional is unable to safely deliver Items to Customer’s selected destination then Delivery Professional will attempt to return items to the Customer’s chosen pickup location at the Customer’s expense. If Delivery Professional is unable to return item to the pickup location and Delivery Professional is forced to hold onto Customer’s item then the Customer will be charged a storage fee per calendar day or forwarding fee or disposal fee subject to the price set by Truck Porter.

Payment Processor: Fees (including Base Fees) for using the Service will be processed through independent payment service providers, or under the advance payments scheme operated by us only for users of the Truck Porter Platform as a closed group e-wallet (the “Truck Porter Wallet”). In the event the payment cannot be accepted through the online payment methods, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment. GST, as applicable, will be levied on the Invoice. Invoices will not be revised retrospectively for delay in providing GST registration information.

Truck Porter reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment, or (ii) refund, provide credits or arrange for our payment processor to do so. Users are liable for any taxes (including GST) required to be paid on their use of the Service or on any related payment received. Truck Porter will authorize and place a hold on customer’s credit card at the time the order is received by Truck Porter.

Inactive Accounts Policy: We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [180] days, at our sole discretion. In the event of such termination, all data associated with such account may be deleted. We may not retain data for inactive accounts.

Monitoring: We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.

Intellectual Property Rights

License. The Service is licensed, not sold, to you for use only under the terms of this EULA. Truck Porter reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Truck Porter hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service.

Content. Except for User Content (as defined below), the content made available on or through the Service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Truck Porter or Truck Porter’s third party licensors (the “Truck Porter Content”). You may not copy, reproduce, upload, republish, transmit, post or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this EULA or permitted by the Service’s functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Truck Porter solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.

Marks. The Truck Porter trademarks, service marks, and logos (the “Truck Porter Trademarks”) used and displayed on the Service are Truck Porter’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, with the Truck Porter Trademarks, the “Trademarks”). Nothing on the Service or in this EULA should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Truck Porter’s prior express written consent for each individual use. You may not use the Trademarks to disparage Truck Porter or the applicable third-party, Truck Porter’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Truck Porter’s prior express written consent. All goodwill generated from the use of any Truck Porter Trademark will inure solely to Truck Porter’s benefit.

Restrictions. You may not sell, transfer, assign, license, sublicense, or modify the Truck Porter Content or App, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Truck Porter Content in any way for any public purpose. The use or posting of any of the Truck Porter Content on any other website or in a networked computer environment for any purpose is expressly prohibited. In addition, you also may not attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law). If you violate any part of this EULA, then your right to access and/or use the Truck Porter Content and Service will automatically terminate and you must immediately destroy any copies you have made of the Truck Porter

User Content.

Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, literary works, photographs, audiovisual works, artwork and any other work subject to protection under the laws of the India or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws.

Screening User Content. Truck Porter offers users the ability to submit User Content to the Service. Truck Porter does not pre-screen any User Content, but reserves the right to refuse or delete any User Content in its sole discretion. In addition, Truck Porter has the right, but not the obligation, in its sole discretion to refuse or delete any User Content that it reasonably considers to violate this EULA or be otherwise illegal or inappropriate. Truck Porter does not guarantee the accuracy, integrity or quality of any User Content, and under no circumstances will Truck Porter be liable in any way for any User Content, including liability for any errors or omissions in any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, emailed or otherwise transmitted via the Service.

Intellectual Property Rights. YOU MAY OR MAY NOT RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE WHILE SUBMITTING COMMENTS (VIA WEBSITE OR OTHER MEANS) OR CONTENT TO TRUCK PORTER. DO NOT SHARE ANY OF YOUR CONFIDENTIAL OR PROPRIETARY USER CONTENT TO TRUCK PORTER UNLESS REQUIRED FOR THE DELIVERY SERVICE.

Licenses to User Content. You hereby grant Truck Porter an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (as defined below), and otherwise exploit and use (“Use”) all User Content you Post to or through the Service by any means, through any media and formats now known or hereafter developed, for the purpose of providing the Service as authorized by this EULA. You further grant Truck Porter a royalty-free license to use your user name, image, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to Truck Porter any User Content that you consider to be confidential or proprietary.

You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other third party’s rights; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party.

Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.

No Liability. For the avoidance of doubt, Truck Porter will not be liable for any unauthorized use of User Content by any other user or third party.

Restrictions on Use of the Service.

In using the Service, you agree not to:

• take any action that imposes an unreasonable load on the Service’s infrastructure;
• use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service;
• alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
• use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Truck Porter;
• access, tamper with, or use non-public areas of the Service, Truck Porter’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Truck Porter’s providers;
• harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Truck Porter employees;
• provide any false personal information to Truck Porter;
• create a false identity or impersonate another person or entity in any way;
• restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service;
• gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
• post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
• interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
• do anything that causes Truck Porter to become subject to regulation as a transportation carrier or provider of taxi services.
• violate any applicable federal, state, or local laws or regulations or the terms of this EULA; or
• assist or permit any persons in engaging in any of the activities described above.
• Notwithstanding anything contained in the terms of service or the goods receipt / consignment note / goods forwarding note, you acknowledge and agree that we shall not incur any liability for any damages of any kind arising from the use of the service provided by us, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Further, we shall not be responsible for any loss you may suffer for any reason whatsoever, including due to non-compliance with applicable law or these terms of service, or arising out of any event beyond our control, including but not limited to, acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, national or local disruptions in 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, etc.

External Sites. The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Truck Porter is not responsible for the content of any linked External Sites and makes no representations regarding the content or accuracy of any materials on such External Sites. If you decide to access any External Sites, you do so at your own risk.

Feedback. We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our users. If you choose to contribute by sending Truck Porter or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. By sending Feedback to Truck Porter, you agree that:

• Truck Porter has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and Truck Porter has no obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
• You irrevocably grant Truck Porter perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Dispute Resolution.

Generally. In the interest of resolving disputes between you and the Truck Porter in the most expedient and cost effective manner, you and the Truck Porter agree that any dispute arising out of or in any way related to this EULA or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND TRUCK PORTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and the Truck Porter will be governed by the Arbitration and Conciliation Act, 1996 of India and will be administered by the arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by Postal Mail or electronic mail (“Notice”). Truck Porter’s address for Notice is: [email protected] The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Truck Porter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Truck Porter must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Any arbitration hearing will take place at a location to be agreed upon in Coimbatore, India. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the Arbitrator Rules. In that case, you agree to reimburse Truck Porter for all monies previously paid by it.

No Class Actions. YOU AND TRUCK PORTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Truck Porter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If Truck Porter makes any future change to this arbitration provision, other than a change to Truck Porter’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Truck Porter’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Truck Porter.

Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this EULA or your use of the Service.

Choice of Law; Venue. This EULA will be governed and construed in accordance with the Indian law in the State of Tamil Nadu and City of Coimbatore. For any lawsuit or court proceeding permitted under this EULA, you and Truck Porter agree to submit to the personal and exclusive jurisdiction and venue of the courts located in Coimbatore, Tamil Nadu.

Limitation of Liability and Disclaimer of Warranties.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUCK PORTER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TRUCK PORTER PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE TRUCK PORTER PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRUCK PORTER PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TRUCK PORTER PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TRUCK PORTER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY TRUCK PORTER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TRUCK PORTER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRUCK PORTER’S LIABILITY, AND THE LIABILITY OF ANY OTHER TRUCK PORTER PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

Truck Porter is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Truck Porter does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. Truck Porter does not have control over, and has no responsibility for, any damage to Items. NEITHER TRUCK PORTER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND TRUCK PORTER AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU THEREBY RELEASE TRUCK PORTER AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DRIVERS AND USERS ON OUR PLATFORM. YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. TRUCK PORTER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME. IN NO EVENT WILL THE TRUCK PORTER PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. TRUCK PORTER DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY DELIVERY PROFESSIONALS.

Third Party Disputes. TRUCK PORTER IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE TRUCK PORTER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Truck Porter Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this EULA, or your access to, use or misuse of the Truck Porter Content or Service. Truck Porter will notify you of any such claim, suit, or proceeding. Truck Porter reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Truck Porter’s defense of such matter.

Termination of the EULA. Truck Porter reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Truck Porter reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Miscellaneous. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Truck Porter as a result of this EULA or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Truck Porter other than pursuant to this EULA. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Truck Porter’s failure to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against Truck Porter unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Truck Porter and you, this EULA constitutes the entire agreement between you and Truck Porter with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior express written consent of Truck Porter. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Truck Porter may assign this EULA, including all its rights hereunder, without restriction.

Contact Us. If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: [email protected]

Promotions. Truck Porter may from time to time offer promotions, promo codes and/or discounts for first time users or as a reward for referrals or using online payments. These rewards will come in the form of Truck Porter Cashback Credits that can be used to purchase Services on the Truck Porter platform only. Truck Porter Credits can be redeemed using the Truck Porter Apps or Website. A valid Promo Code or Gift Card must be entered before the service is requested in order for the credits to be applied to a Project. Credits can not be retroactively added to a Project that has already been scheduled. Credits earned using illegal or fraudulent methods will be null and void. Truck Porter reserves the right to cancel or suspend these Promotions at any time. Promo codes are not valid for cash.

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

All the calls made to the Company’s call center are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees, or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the ‘National Do Not Call Register’ or the ‘Private Do Not Call Register’ in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

DISCLAIMER: All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the drivers and the vehicles alike.

The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

General: A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

Questions and Suggestions

If you have questions, suggestions, complaints or would like to contact us as per these Terms of Service, please contact us through our website form at http://www.truckporter.com/contact or you can email us at [email protected]

If you want to send a postal email, please send it our Office address:
5 Sarathy Nagar, Singanallur, Coimbatore, Tamil Nadu 641005.

Office Phone: 86 86 03 03 88.

Last updated: April 2, 2021