BY CONTINUING USAGE OF THIS WEBSITE, YOU ARE CONSENTING TO BE
BOUND BY THE TERMS AND CONDITIONS OF USAGE OF THIS WEBSITE. IF YOU
FIND ANY OF THESE TERMS AND CONDITIONS UNACCEPTABLE, DO NOT
CONTINUE BROWSING THIS WEBSITE . YOUR CONTINUED USAGE OF THE
WEBSITE SHALL OPERATE AS LEGALLY ENFORCEABLE BINDING CONTRACT
BETWEEN YOU AND BLACKBUCK.
This BLACKBUCK WEBSITE Terms and Conditions contains the terms and
conditions that govern your access to and use of the website (as
defined below) and is an agreement between Zinka Logistics
Solutions Pvt. Ltd. (“BLACKBUCK,” “we,” “us,” or “our”) and you or
the entity you represent (“you” or “your”). This Agreement takes
effect when you access the website. These terms and conditions are
an electronic record in terms of Information Technology Act, 2000
(“IT Act”) and rules thereunder as applicable and the provisions
pertaining to electronic records in various statutes as amended
from time to time.
You represent and warrant to us that you are competent and possess
legal capacity to enter into a Contract (i.e. you have attained at
least 18 years of age, you have capacity to enter into agreements
as per The Contract Act).
-
Use of the WEBSITE
-
Generally. You may access the contents of the Website,
products, service or feature in accordance with the
following terms and conditions. You undertake to comply with
these terms and conditions and all laws, rules and
regulations applicable to your use of the Website.
-
You undertake and warrant that any information provided by
you to BlackBuck is correct and valid. In case of any wrong
information/impersonation/furnishing of wrong information,
you shall be liable for consequences and you shall indemnify
BLACKBUCK against any such loss, damage, consequences, which
may have to be faced by BLACKBUCK due to such breach. In
case it is found that the information provided is false,
BLACKBUCK may deny access to the Website immediately without
prejudice to any of the terms envisaged under these terms
and conditions, BLACKBUCK may also initiate any such actions
against you as it may deem proper.
-
Changes
To the Website, products, services or features. We may change
or discontinue any or all of the Service Offerings or change
or remove functionality of any or all of the Service Offerings
from time to time.
-
LAWFUL AND / OR PROHIBITED USE OF THE WEBSITE
As a condition of Your use of the Website, You shall not use
the Website for any purpose(s) that is unlawful or prohibited
by the Terms of Use. You shall not use the Website in any
manner that could damage, disable, overburden, or impair any
BlackBuck server, or the network(s) connected to any BlackBuck
server, or interfere with any other party's use and
enjoyment of any services associated with the Website. You
shall not attempt to gain unauthorized access to any section
of the Website, other accounts, computer systems or networks
connected to any BlackBuck server or to any of the services
associated with the Website, through hacking, password mining
or any other means. You shall not obtain or attempt to obtain
any Materials or information through any means not
intentionally made available through the Website.
-
Proprietary Rights
-
We own all rights, titles, and interest in and to the
Service Offerings, and all related technology and
intellectual property rights. Subject to the terms of these
terms and conditions, we grant you a limited, revocable,
non-exclusive, non-sub licensable, non-transferrable license
to do the following: (a) access and use the Services solely
in accordance with these terms and conditions; You obtain no
rights under these terms and conditions from us, our
affiliates to the Service Offerings, including any related
intellectual property rights.
-
License Restrictions. You shall use the website in the
manner as provided for in these terms and conditions. You
shall not use the website for any purpose other than as
expressly permitted by these terms and conditions. You will
not attempt to (a) modify, distribute, alter, tamper with,
repair, or otherwise create derivative works of any Content
in the Website, products, services or features, (b) reverse
engineer, disassemble, or decompile the Website, products,
services or features or apply any other process or procedure
to derive the source code of any software included in the
Website, products, services or features, (c) resell or
sublicense the Website, products, services or features. You
will not misrepresent or embellish the relationship between
us and you (including by expressing or implying that we
support, sponsor, endorse, or contribute to you or your
business endeavours).
-
Suggestions. If you provide any Suggestions to us or our
affiliates, we and our affiliates will be entitled to use
the Suggestions without restriction. You hereby irrevocably
assign to us all right, title, and interest in and to the
Suggestions and agree to provide us any assistance we
require to document, perfect, and maintain our rights in the
Suggestions.
-
Indemnification
General. You will defend, indemnify, and hold harmless us, our
affiliates and each of our/their respective employees,
officers, directors, and representatives from and against any
Losses arising out of or relating to any third-party claim
concerning: (a) your use of the Website, products, services or
features; (b) breach of these terms and conditions or
violation of applicable law by you; or You will be liable to
reimburse us for reasonable attorneys’ fees, as well as our
employees’ and contractors’ time and materials spent
responding to any third party notices or other compulsory
legal order or process associated with third party claims
described in (a) through (b) to the tune of loss/damages
incurred.
-
Disclaimers
Website and its features provided “as is.” except to the
extent prohibited by law, or to the extent any statutory
rights apply that cannot be excluded, limited or waived, we
and our affiliates (a) make no representations or warranties
of any kind, whether express, implied, statutory or otherwise
regarding the service offerings or the third-party content,
and (b) disclaim all warranties, including any implied or
express warranties (I) of merchantability, satisfactory
quality, fitness for a particular purpose, non-infringement,
or quiet enjoyment, (ii) arising out of any course of dealing
or usage of trade, (iii) that the service offerings or
third-party content will be uninterrupted, error free or free
of harmful components, and (iv) that any content will be
secure or not otherwise lost or altered.
-
Limitations of Liability
We and our affiliates will not be liable to you for any
direct, indirect, incidental, special, consequential or
exemplary damages (including damages for loss of profits,
revenues, customers, opportunities, goodwill, use, or data),
even if a party has been advised of the possibility of such
damages. Further, neither we nor any of our affiliates will be
responsible for any compensation, reimbursement, or damages
arising in connection with: (a) your inability to use the
services, including as a result of any (I) termination or
suspension of this agreement or your use of or access to the
service offerings, (ii) our discontinuation of any or all of
the service offerings, or, (iii) without limiting any
obligations under the order level agreements, any
unanticipated or unscheduled downtime of all or a portion of
the services for any reason; (b) the cost of procurement of
substitute goods or services; (c) any investments,
expenditures, or commitments by you in connection with this
agreement or your use of or access to the service offerings;
or (d) any unauthorized access to, alteration of, or the
deletion, destruction, damage, loss or failure to store any of
your content or other data.
-
Modifications to these Terms and Conditions
We may modify these Terms and Conditions (including any
Policies) at any time by posting a revised version on the
BLACKBUCK Website; By continuing to use the Website after the
effective date of any modifications to these Terms and
Conditions, you agree to be bound by the modified terms. It is
your responsibility to check the BLACKBUCK Site regularly for
modifications to these Terms and Conditions. These terms and
conditions were modified last on the date mention at the end
of these Terms and Conditions.
-
Privacy Policy
-
You may be asked to provide your personal information to
avail our services or to gain benefit of this website. We
will take every reasonable effort not to share any of the
transportation details, personal information you have
provided to us at the time of registration, booking of the
order, except as required under any Applicable Law, or to
the limited extent necessary for us to place a truck and
provide necessary service through our service
partners/market hires, may also combine it with other
information to provide and improve our products, services,
content and advertising. We will bear no liability for the
consequences in any event where your information has been
willingly or inadvertently shared by you with any third
party.
-
You hereby expressly consent to receive communications from
us through your registered phone number and/or e-mail
address if any. You consent to be contacted by Us via phone
calls, emails and/ or SMS notifications. You agree that any
communication so received by you from us will not amount to
spam, unsolicited communication or a violation of your
registration on the national do not call registry.
-
You shall not forge headers or other wise manipulate
identifiers in order to disguise the origin of any message
or transmittal you send to us through the application or any
service offered by us through this Website.
-
You shall not use this website or any content provided
herewith for any purpose that is unlawful or prohibited by
these Terms and Conditions or to solicit the performance of
any illegal activity that infringes our rights or that of
any third party.
-
You shall not use the website in any manner that could
damage, disable, overburden, block or impair any of the
server connected to this website. You shall not attempt to
or gain unauthorised access to the website or any other
products or features through hacking, impersonation,
password mining or by any other means.
-
You shall understand that BLACKBUCK has all right to
disclose any information (including the identity of the
person/s providing information or materials on the website)
as necessary to satisfy any law, regulation or as sought by
any Govt. Agency. In this case, you expressly authorise us
to share such information of yours/ entity you are
representing to such Govt. Agency.
-
Miscellaneous
-
Force Majeure. We and our affiliates will not be liable for
any delay or failure to perform any obligation under these
Terms and Conditions where the delay or failure results from
any cause beyond our reasonable control, including acts of
God, labor disputes or other industrial disturbances,
electrical or power outages, utilities or other
telecommunications failures, earthquake, storms or other
elements of nature, blockages, embargoes, riots, acts or
orders of government, acts of terrorism, or war.
-
Governing Law. The laws of India, without reference to
conflict of law rules, govern these Terms and Conditions and
any dispute of any sort that might arise between you and us.
-
Disputes. Any dispute or claim relating in any way to your
use of the website, or to any products or services sold or
distributed by BLACKBUCK will be resolved by way of
Arbitration, in accordance with Arbitration and Conciliation
Act, 1996 or any subsequent amendments to the same. The
place of Arbitration shall be Bengaluru. The language of
Arbitration shall be in English.
-
Compliance. You shall comply with all applicable laws, rules
and regulations.
-
Language. All communications and notices made or given
pursuant to this Terms and Conditions must be in the English
language. If we provide a translation of the English
language version of this Terms and Conditions, the English
language version of the Terms and Conditions will control if
there is any conflict.
-
Confidentiality and Publicity. You will not disclose
BLACKBUCK Confidential Information during the Term or at any
time during the 5-year period following the end of the Term.
You will take all reasonable measures to avoid disclosure,
dissemination or unauthorized use of BLACKBUCK Confidential
Information, including, at a minimum, those measures you
take to protect your own confidential information of a
similar nature. You will not issue any press release or make
any other public communication with respect to these Terms
and Conditions or your use of the Service Offered by
BlackBuck.
-
Feedback. (a) We welcome your input regarding our Policy and
any comments on the Services we provide to you. You may send
us your comments and responses by post to
enquiries@blackbuck.com.
-
No Third-Party Beneficiaries. Except as set forth in these
Terms and Conditions, these Terms and Conditions do not
create any third-party beneficiary rights in any individual
or entity.
-
No Waivers. The failure by us to enforce any provision of
these Terms and Conditions will not constitute a present or
future waiver of such provision nor limit our right to
enforce such provision at a later time. All waivers by us
must be in writing to be effective.
-
Severability. If any portion of these Terms and Conditions
are held to be invalid or unenforceable, the remaining
portions of the Terms and Conditions will remain in full
force and effect. Any invalid or unenforceable portions will
be interpreted to effect and intent of the original portion.
If such construction is not possible, the invalid or
unenforceable portion will be severed from these Terms and
Conditions but the rest of the Terms and Conditions will
remain in full force and effect.
-
THIRD PARTY CONTENT
The Website makes information of third parties available,
including articles, analyst reports, news reports, tools to
facilitate calculation, company information and data about
financial markets, including any regulatory authority and
other financial markets and other data from external sources
(the "Third Party Content"). You acknowledge and
agree that the Third Party Content is not created or endorsed
by BlackBuck. The provision of Third Party Content is for
general informational purposes only and does not constitute a
recommendation or solicitation to purchase or sell any
securities or shares or to make any other type of investment
or investment decision. In addition, the Third Party Content
is not intended to provide tax, legal or investment advice.
You acknowledge that the Third Party Content provided to You
is obtained from sources believed to be reliable, but that no
guarantees are made by BlackBuck or the providers of the Third
Party Content as to its accuracy, completeness, timeliness.
By using any Third Party Content, You may leave this Website
and be directed to an external website, or to a website
maintained by an entity other than BlackBuck. If You decide to
visit any such site, You do so at Your own risk and it is Your
responsibility to take all protective measures to guard
against viruses or any other destructive elements. BlackBuck
makes no warranty or representation regarding, and does not
endorse, any linked Websites or the information appearing
thereon or any of the products or services described thereon.
Links do not imply that BlackBuck or this Website sponsors,
endorses, is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that
any linked site is authorized to use any trademark, trade
name, logo or copyright symbol of BlackBuck or any of its
affiliates or subsidiaries.
You hereby expressly acknowledge and agree that the linked
sites are not under the control of BlackBuck and BlackBuck is
not responsible for the contents of any linked site or any
link contained in a linked site, or any changes or updates to
such sites. BlackBuck is not responsible for webcasting or any
other form of transmission received from any linked site.
For any complaints regarding the usage of this website please
reach out to legal@blackbuck.com
