Terms and Conditions

Thank you for using ektruck ("App") Services. These Terms of Use, together with ektruck Privacy Policy ("Terms of Use"), shall apply to the users of the app as and when they visit, browse, access data and, place orders, upload or download documents, access or otherwise use the App.

By using the App, you acknowledge and signify that you have read, understood, and agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to access or use the App. You may not use the services if you do not accept the terms or are unable to be bound by the terms.

These Terms of Use only apply to your activities when using the App or its contents. The following General Terms of Use apply to all services rendered between ektruck and Users of this app/site whether as a truck-owner, booking-agent or shipper or in any other capacity. ektruck through this app provides a platform that enables fleet-owners & booking- agents to publish their trucks on to the platform with specific route and freight charges. It also provides platform to shippers to book a truck on real-time basis for seamless transportation, conveyance or movement goods from one place to another. Deviations from these conditions are only binding if confirmed in writing and these General Terms of Use will apply to all additional services or revised services.

The users agree not to:

• Use the services to obtain unauthorized access to the services, systems, network or data;
• Violate any applicable laws or regulations;
• Make available any content that you do not have the right to make available or that infringes any patent, trademark, copyright or other proprietary rights of any person or entity;
• Make available viruses or any other computer code, files, programs or content designed to interrupt destroy or limit the functionality of the services and affect other users;
• Interfere with or disrupt the services or servers, systems or networks connected to the services in any way.

The ektruck app shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of this app or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended.

The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.

The ektruck app:

• Shall not take responsibility or liability for the pricing and payment terms of contract entered between truck owner/ booking agent and shipper.
• Shall not take responsibility or liability for any dispute arising between shipper or truck-owner/booking agent or driver regarding quantity, quality, packing, assembling, etc. of goods conveyed with the help of this Application.
• Shall be harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to use or misuse of the services or of the app, any violation by user of these Terms of Use, or any breach of the representations, warranties, and covenants made herein.
• Shall not be responsible for any natural loss, damage, deterioration of goods involved including on account of pilferage, theft, accident, natural calamity or any other similar cause.
• Shall not be liable for any conduct of the drivers of the vehicles. However users may notify complaints against driver of any vehicle that you may have hired using this platform, by the way of feedback against the parameters available on the application or else can directly contact the fleet-owners for giving feedbacks.
• Shall not be liable for performance of service as earlier agreed by user parties.
• Shall withhold the user's money in case the user is engaged in any fraudulent or malicious behaviour on the platform.
• May contact the user, in any way, in case money is credited to user's account due to any technical glitch caused by ektruck and the user shall credit the exact amount transferred by ektruck within 10 (ten) days of such request by ektruck. In case the user does not credit the amount within the prescribed time as mentioned in this clause, ektruck shall have the right to approach the court against the user.

The user of app acknowledges and agrees that they shall be liable for checking the contents, packing, sealing, addressing, labelling and handling of the goods, carriage, shipping instruction or waybill.

The ektruck name and logo, and other trademarks, service marks, graphics and logos used in connection with the App are trademarks of Ekah Logitech Pvt Ltd. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively "Third Party Trademarks"). The ektruck Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to trademark holder and its licensors.

In case any loss or damage occurs to us due to your failure to provide us the correct information, or due to your engagement in any such activity on our platform, which may be in violation of the applicable law in India, you shall indemnify us from such damage or loss.

You shall be bound by the Terms of Use, and shall be liable to indemnify us wholly, if you breach any provision of the Terms of Use.

You agree that we shall not be liable for any illegal or offensive conduct of any third party on our platform. Further, we shall not be liable for any delay or inaccuracy in information provided by any third party on our platform.

Any dealing between you and the third-party, on or through our platform, including the delivery of product or service, payment, conditions etc., shall be between you and the third-party only. We shall not be liable for any damage or loss pertaining to such dealings.

All related icons and logos are registered trademarks or trademarks or service marks of ektruck in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All content on this web site is the copyright of ektruck except the third party content and link to third party web sites on our app/website.

Systematic retrieval of ektruck content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Ektruck is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of ektruck Services, you agree that you will not use the web site service to infringe the intellectual property rights of ektruck or any other third party in any way. ektruck reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the ektruck service, or if ektruck believes that user(s) conduct is harmful to the interests of ektruck, its affiliates, or other users, or for any other reason in ektruck's sole discretion, with or without cause. You shall be liable to indemnify ektruck for any losses or expenses incurred by Ektruck due to any infringement of intellectual property rights owned by ektruck without prejudicing ektruck's right to bring any legal action against you.

Links to third party sites are provided by web site as a convenience to user(s) and ektruck has no control over such sites i. e. content and resources provided by them.

ektruck may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. ektruck believes that user(s) acknowledge that ektruck has no control over such third party's site, does not monitor such sites, and ektruck shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. User(s) shall review ektruck's Privacy Policy and abide by ektruck's Privacy Policy at the time of the User(s) interaction with Ektruck, with respect to and concerning any information and data.

Except as otherwise set forth in these Terms, these Terms shall be governed by Indian laws and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 ("Act"). The Dispute shall be resolved by one (1) arbitrator to be appointed by Ekah Logitech Pvt Ltd. The place of both mediation and arbitration shall be Bengaluru, Karnataka, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

We may amend or alter the Terms of Use from time to time. Any changes to this Terms of Use shall become effective upon posting of the revised Terms of Use on the platform, and no communication of such alteration, amendment or update shall be made to you. It is recommended that you regularly check this Terms of Use to apprise yourself of any updates.

Most content and some of the features on the web site are made available to visitors free of charge. However, ektruck reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Ektruck also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Ektruck and/or other visitors to the web site. ektruck reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.