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Terms Of Use
Welcome to transportEG.com! This document is an electronic record as per the Information Technology Act, 2000 (hereby referred to as the “Act”) and rules made under it as applicable and provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Website. The domain name transportEG.in (hereinafter referred to as “Website”) is an initiative of Caliper Business Solutions PVT. LTD. Company incorporated under the Companies Act, 1956 with its support office at No 212, Raheja Arcade, Sector 11, CBD Belapur, Navi Mumbai, Pin 400614. (hereinafter referred to as the “Company”). Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Website are referred to, it shall mean to include the rights privileges and responsibilities of the Company.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions of use at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
General Guidelines
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website as Registered User using the computer systems. The Website allows User to surf the Website without registering on the Website. The term “we”, “us”, “our” shall mean TransportEG.com or Caliper Business Solutions.
Terms Of Use
The terms and conditions is written in English and is the complete and exclusive agreement between the You and www.transportEG.com regarding the usage of this website, www.transportEG.com. By clicking or entering into the website or mobile application or any other device or using the website through any medium of connectivity and communication and or dealing in any manner whether commercial or non-commercial, You agree to be bound by the terms of the terms and conditions as stated hereinafter:
I]Who are we:
www.transportEG.com is a website portal of Caliper Business Solutions Pvt Ltd and provides a Platform to minimise Transport Related Contract Management, if only mutually agreed upon between interested parties. There is no principal / agent relationship of any kind nor shall be implied from the provision of this service. Please note that www.transportEG.com do not in any manner get involved in any communications between the any of the parties dealing through this portal and there is no participation in any part of the transaction/s and hence at no point of time we shall be acting as witness in any of your transactions or dealings.
II]No Child Labour:
You certify that you do not currently employ and will not in the future employ, directly or indirectly, or through any subcontractor, any child to carry its work, directly or indirectly, who is less than eighteen (18) years of age or such age as defined in the respective laws of the country.
III] Intellectual Property Rights:
Intellectual Property Rights means any trademarks, brands, logos, know-how, service marks, rights in designs, utility models, copyrights, trade and business names, rights relating to trade secrets or confidentiality, patents, inventions, rights in computer software, moral rights, database rights, know-how, rights in domain names, drawings, technical information, specifications, instructions, processes, formulas/e and all rights of a similar nature subsiding anywhere within the world and rights to apply for protection in respect of any of the foregoing rights and/or any rights of www.transportEG.com in any specialized or other software that www.transportEG.com may provide or make available to You including documentation whether or not any of the aforesaid are registered, and including any application for their registration. You will not gain by virtue of gaining access to www.transportEG.com any rights of ownership of copyrights, patents, trade secrets, trademarks or any other Intellectual Property Rights owned by www.transportEG.com.
Nothing in this Agreement shall give You, end users or any other third party any rights, title and interest in the website www.transportEG.com that vest in www.transportEG.com solely and wholly. You understands and agrees that you shall not have or obtain any rights in or to any Trademarks, labels, symbols, logos, copyrights or other property rights (this clause speaks of all the services we provide and all content on the Website including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code) and all this are protected by copyright and trademarks. All rights are reserved, except for the limited licensed rights expressly granted below. You may not reproduce, republish, transmit or distribute any material or information on the Website without our prior consent.
We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use of the Website as User or otherwise and to prevent future access by you to the Website. Nothing herein shall (a) provide to You any rights or license to use any Confidential Information in any manner other than as specifically provided for in this terms and conditions; (b) provide to You any rights or licenses to any intellectual property under any patents, copyrights or trademarks now or hereafter owned or developed by www.transportEG.com; or (c) be deemed to create any assignment to You of intellectual property rights in the Confidential Information and any revisions or modifications thereof, all of which rights are expressly reserved by www.transportEG.com
IV] Registration Process:
You are hereby informed that in to use the facility at www.transportEG.com you will need to register as per the guidelines stated therein or emailed to you via email to your given email id. As part of the registration process, you will be given a user name and password. You will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorisation, please contact us immediately. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any user name with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy
V] Use of the Service
All content of the Website is for personal and is for Business use only by the User.
The Website provides the platform for users related to their Transportation service and business needs (“Service”). The User gives his consent as per the Information Technology Act, 2000 for the place of this online transaction, agreement or arrangement and any such further actions through this Website to be at the support office of the Company.
The Website provides the platform for users related to their Transportation service and business needs (“Service”). The User gives his consent as per the Information Technology Act, 2000 for the place of this online transaction, agreement or arrangement and any such further actions through this Website to be at the support office of the Company.
VI] Links to Other Website/Third-Party websites:
www.transportEG.com may contain hypertext links to websites that are not operated by us. Please take a note that there is no control on such websites and www.transportEG.com are not responsible for their content in any manner whatsoever and the inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners. You may establish a hypertext link to the Website, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us. Any such links are established at your own risk and you accept liability for any adverse consequences on the operation and functioning of the Website arising a result of such links.
VII] Our Responsibility
We are not in a business of company offering transportation services on our own but we are only providing a platform where transport service providers are listed and Transport service seekers can list their services to get desired service provider for their needs. We are not responsible for any actions or services to be provided by the service providers. Once the order is issued through website to a service provider, respective service provider is solely responsible for fulfilling such services. At no time can a claim for non-performance of such service can be brought against the Company.
Our responsibilities include only providing a platform for registration and booking of services provided by any of Service Providers registered in the platform.
VIII] User Account, Password, and Security
If any of the Services you use require an account, before using the Service you must open an account by completing the required registration process. This will include providing the Website with current, complete and accurate information, including, without limitation, your email address. You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive (as determined by the Website at its sole discretion), nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and the Privacy Policy. Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else’s account at any time. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
IX] Limitation of Liability:
The information/images displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy and on as it whereas basis. To the extent permitted by law, www.transportEG.com hereby expressly excludes all conditions, warranties and other terms which might otherwise by implied by statute, any liability for a direct, indirect or consequential loss or damage incurred by any You in connection with the Website or results of the use of the Website or You failure to carry out due-diligence of the property and estate agents or otherwise such as background property information, personal information of estate agents, etc nor for any monetary loss. IN NO EVENT SHALL www.transportEG.com, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The aggregate liability of www.transportEG.com to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed Rs. 1000/-
X] Warranty Disclaimer:
www.transportEG.com provides the Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that the Website will have adequate capacity for the Services as a whole or in any specific geographic area. www.transportEG.com shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of the Services or Site, whether direct or indirect, including, without limitation, any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
www.transportEG.com does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. www.transportEG.com has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of goods or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Platforms. Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. www.transportEG.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms. THE PLATFORMS USED TO PROVIDE THE SERVICES (INCLUDING THE WEBSITE) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WWW.transportEG.COM DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PLATFORMS AND SERVICES. www.transportEG.com DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.transportEG.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS.
XI] Indemnification
You hereby agrees and undertakes fully and effectively to indemnify and keep indemnified www.transportEG.com for and against all damages, losses, liabilities, claims, demands, expenses (including reasonable legal and professional expenses), costs (including costs of settlement) and fees arising from your illegal use of the website and contrary to the terms as stated herein whether the action be based on warranty, contract, negligence or otherwise.
You agree that you shall not make any claims, demands, losses, costs, damages, suits arising out of the use of the services on this website: www.transportEG.com including any injury or death caused to you or any other person or property or by infringement or allegedly infringement of the proprietary rights of a third party including copyright infringement or for any defective or otherwise and will defend, indemnify, save and hold www.transportEG.com harmless from any and all demands, liabilities, losses, costs, damages, suits and claims, including reasonable attorney’s fees asserted against www.transportEG.com, its directors, officers, employees, agents, and customers by a third party, that arises or may arise or result from any goods and services sold or distributed or made available to you or your representatives, agents, employees or assigns from www.transportEG.com.
You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter. Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
a. The defamatory, undesirable or illegal conduct of any other user of the Services;
b. Any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;
c. Any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications’ infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
d. The accuracy, completeness or currency of any information services provided on the Website;
e. Any delay or failure on our part to intimate you where we may have concerns about your activities; and f. Your activities / transactions on third party websites accessed through links.
XII] Governing Law and Arbitration:
Subject to the Arbitration provisions below, this Agreement shall be governed and construed in accordance with the laws of India and, exclusive jurisdiction over all matters arising in connection with this Agreement shall vest in the courts at Vashi, Navi Mumbai, Maharashtra, India and the Parties agree to submit to the same.
In case of any disputes, controversy, claims or breach arising out of or in relation to this Agreement including disputes regarding interpretation, construction, existence and validity thereof, between the parties (hereinafter collectively referred to as “Disputes”), the parties shall first contact each other through their authorized signatories and resolve the Dispute through mutual discussions. In case the parties fail to resolve the Dispute through the aforementioned manner within a period of seven (7) days of such meeting of the Parties then such Disputes, shall be referred to Arbitration. Each party shall appoint an Arbitrator of their choice who shall not be their employee.
Such Arbitrator shall be appointed within 5 days of reference/ notice and these two Arbitrators shall select one Umpire Arbitrator within 4 days of their appointment; these Arbitrators so appointed shall constitute “Arbitration Tribunal” If Arbitrators do not reach to a common name than a list to be submitted to the authorized signatories of both the parties and they shall select an Umpire Arbitrator within seven (7) days of receiving the request. If the other party fails to appoint his Arbitrator within specified time of 5 days of receiving such notice than the appointed Arbitrator of that party shall be sole Arbitrator and shall have all powers to arbitrate as of Tribunal. All Arbitration proceedings for the disputes between the parties shall be in accordance with the provision of The Arbitration and Conciliation Act, 1996. Without prejudice to the aforesaid, the Arbitration Tribunal (as constituted) shall give a reasoned award within 15 days of their appointment. Arbitration Tribunal shall have powers to award such remedy as it is adequate to redress the grievances raising the claim/ court claim etc, and shall be competent to pass interim award. The place of Arbitration shall be Vashi, Navi Mumbai, Maharashtra, India. The language of Arbitration proceedings shall be English. Award of the Tribunal shall be final and binding on the parties.
XIII] General Terms:
This terms and conditions does not create any benefits, rights, claims, obligations, or causes of action in, to, or on behalf of, any person or entity other than to www.transportEG.com and You.
No remedy or election hereunder shall be deemed exclusive but shall be cumulative with all other remedies available at law or in equity.
www.transportEG.com has taken every care to ensure that the standard of this website remains high and to maintain the continuity of it, the Internet is not always a stable medium and interruptions of service and / or delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate this website.
www.transportEG.com has taken every care to ensure that the standard of this website remains high and to maintain the continuity of it, the Internet is not always a stable medium and interruptions of service and / or delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate this website.
If any term or provision of this terms and conditions is determined to be illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent necessary to make such or this terms and conditions legal, valid or otherwise enforceable, such term or provision will be limited, construed or severed and deleted from this terms and conditions, and remaining portion of such term or provision and the remaining other terms and provisions hereof shall survive, remain in full force and effect and continue to be binding, and will be interpreted to give effect to.
This Agreement and any of its terms and provisions may be amended, modified, supplemented or waived by www.transportEG.com without any notice or specific notice to You
Any notice and other communications provided for in this terms and conditions shall be in writing and shall be sent to email id: krish@caliperbusiness.com
www.transportEG.com reserves the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party.
This terms and conditions including Privacy Policy, Cookies, Disclaimer /Liability Disclaimer, any other policies, if any represents the entire agreement between You and www.transportEG.com
This terms and conditions including Privacy Policy, Cookies, Disclaimer /Liability Disclaimer, any other policies, if any represents the entire agreement between You and www.transportEG.com
By agreeing to the term of use of the Website, you represent and confirm that you are a person who is above the age of 18 (eighteen) and of sound mind. Further, in order to use the services that in order to gain access to the users of this Website, you, on your free will agree to be legally bound by the Terms and Conditions contained herein this Terms and Conditions. In addition to the above, you acknowledge by your conduct of accepting the Terms and Conditions of this Website that you are legally bound by all the covenants, undertakings etc. contained herein.
www.transportEG.com is committed to provide the best customer service experience, and by opting in to enter your mobile /landline number and other details, you give www.transportEG.com the consent to call/sms you on the shared number for your transaction, in spite of its possible registration under DND (National Do Not Call Registry). www.transportEG.com or its associates may call you to understand your requirements and serve you best. We will make a record of information shared in such conversations and share with our associates to provide the best suiting property options to you.
www.transportEG.com or its associates may call you to understand your requirements and serve you best. We will make a record of information shared in such conversations and share with our associates to provide the best suiting property options to you. In no event www.transportEG.com will be liable under any Law, for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any other expense, loss or damage whatsoever. www.transportEG.com is hereby being indemnified from all complaints/grievances/claims whether legal or commercial arising from the use of the number.
www.transportEG.com shall have no liability to the subscriber under the terms and conditions if it is prevented from or delayed in performing its obligations, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of www.transportEG.com or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of www.transportEG.com’s or sub-contractors, provided that the Subscriber is notified of such an event and its expected duration.
www.transportEG.com may vary these Terms from time to time in the following circumstances:
www.transportEG.com may vary these Terms from time to time in the following circumstances:
(a) Changes in how we accept payment from you, if any;
(b) Changes in relevant laws and regulatory requirements, if any;
(c) Changes in how we charge for subscription services our; and
(d) Changes in how www.transportEG.com deals with content, if any.
Providing false information relating to age, name, address or any other may constitute an offence. The Website reserves the right to report to the relevant authorities any person supplying false information on the Site. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website
Users are responsible for regularly reviewing these Terms of use. The most current version of the Terms of Service can be reviewed by clicking on the ‘Terms of Use’ hypertext link located on the Sites. Your continued use of the Site after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
The operation of the services of www.transportEG.com is only restricted of being a platform facilitator between two parties i.e., service provider and service seeker and not anything above the said services.
www.transportEG.com reserves the right to suspend or cancel your access to any or all services provided by www.transportEG.com when decides that the account has been inappropriately used or otherwise.
www.transportEG.com does not allow storage of, e-mail traffic containing or pertaining to or web forwarding to any of the following:
Illegal material – this includes copyrighted works, commercial audio, video, or music files, and any material in violation of any laws, regulations or notifications.
Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of www.transportEG.com.
Virus – includes disruption or software corrupting data or files, pirated softwares, ROMs, emulators, phreaking, hacking, password cracking. Internet Protocol spoofing, etc., and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.
