Dipper- Drive your own freight

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TERMS OF USE

VISITORS & USERS OF THIS WEBSITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY OTHER INFORMATION CONTAINED ON THIS WEBSITE. YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT support@usedipper.com



Dipper- Freight Exchange as a Platform

Dipper Technologies Private Limited (herein referred to as “The Company”) provides this venue/platform (herein referred to as “website/software”) for its users to upload information that they own and have legally procured. Additionally it allows users to meet/interact and coordinate to share services, directly or indirectly, (like but not limited to, providing trucks/freight) and subsequent coordination of movement of cargo to destination. Hence, all information uploaded by users, directly or indirectly and communication between users is the sole responsibility of the users only. The Company cannot be held responsible for any dispute or fall out that may occur between two parties/users at any point of time.



Software

Any software made available to operate this Site (www.usedipper.com and linked pages) and/or to download materials from it (the "Software") is the copyrighted work of The Company and/ or its associates. Subject to the terms and conditions set forth in this Agreement, The Company grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials thereon. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading/uploading materials from/to it. You may use this Software only for the above purpose. You shall, under no circumstances, be allowed to sell, redistribute, disassemble or otherwise deal with the Software or the information provided by it. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

General

This Web Site and the information including names, images, pictures, logos and icons concerning, regarding or relating to The Company and its affiliates and services are provided "as is" and on an "as available" basis, without any representation or endorsement made, and without warranty of any kind, whether expressed or implied, including, but not limited to, an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of others' intellectual property rights. Under no circumstances, shall The Company or any of its affiliates, contractors, employees, directors or officers be liable for any damages, including without limitation special, indirect, or consequential damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) resulting from access or use, or inability to access or use, this web site or arising out of any materials, information, qualifications, opinions or recommendations on this web site. We may change the contents of the website at any point of time without any pre-intimation or permission.

The Terms and Conditions of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Site and in other contracts that you may have executed with the Company and its Affiliates.



GTA (Goods Transport Agency)

  • The Company shall be acting as a platform for communication between the GTA and the Truck owner wherein they shall carry out their transactions and further the flow of money (partial or complete value of freights) from GTA to Truck Owner.

  • Expenses incurred on facilitating transactions like statutory levies (with the exception of direct tax liability) and other such expenditures may invite commission (facilitation charge).

  • The Company shall not be responsible for the collection of freight from third parties, neither shall be responsible for the issue of consignment note (by whatever name called). All such responsibilities shall lie with the GTA.

  • The GTA or the third party shall hold the liability to pay taxes, duties, cesses applicable to the transaction including service tax. The GTA (third party shall indemnify/reimburse The Company without objection in case The Company pay in any exigency or otherwise. If any demand of interest, penalty, late fee or any other amount, of whatever nature is made against The Company, The Company reserves all the right to make rightful claims and collect the same from the GTA even before its payment.

  • The truck owner shall bear the responsibility of damage to goods. The Company shall not be liable for the same. In case of an unfortunate incident of theft of goods or of the whole truck, The Company will only be able to help in providing the truck papers which are available with The Company. It is the responsibility of the GTA to verify all truck documents before the initiation of a transaction, which shall form basis of initiating legal action if required. Documentation and ensuring correct information entry is the sole responsibility of GTA. The Company cannot bear any responsibility for the same. The company does not hold any liability on the goods lost or stolen, or on any legal fee or initiation of any legal action.

  • It shall be the liability of the Transporter to pay pre-agreed detention charges to the truck owner in case

    1. Cancellation of a booked truck upon arrival at the source location

    2. The trucks are made to wait for more than reasonable duration.

    3. If a truck is held en-route for lack of/incorrect documentation of goods or goods being against the law of the land relating to inter-state trade and commerce.

    4. Loading and offloading delays

  • Any injuries or deaths or any unfortunate incident of loss occurred during the process of loading, unloading and the journey (or any other stages of the transaction) shall not put the liability/responsibility on The Company in any form).

  • The Company reserves the right to refuse addition of any GTA at its own disretion.

Vehicle Owner

  • The Company, at its own discretion, reserves the right to refuse addition of any truck/owner or account holder.

  • Prior to listing on The Company’s website usedipper.com, the truck paperwork and verification will be required and Vehicle Owner shall be responsible to clear the doubts to The Company regarding the same. The Vehicle Owner shall ensure the authenticity and correctness of the permit, registration certificates, insurance of the Vehicles, driving license of the Driver, etc.

  • It shall be the liability of the Truck Owner in the event of any delay in the pick up or delivery; if a default happens, a pre-agreed penalty will be deducted for the same from the balance amount of the transaction.

  • The truck owner will receive payment as per the pre-agreed payment terms from GTA directly or through The Company, as agreed in that case.

  • Trip expenses shall be borne by the truck owner and no liability shall be borne by The Company with regard to trip expenses.

  • In case of theft of truck or goods or both, the GTA is open to taking legal actions against the truck owner. As far as possible, The Company, on its discretion, shall share with the GTA all papers available with it.

  • The Company cannot be held responsible in any form, partly or wholly, for any unfortunate incident of injuries, loss or deaths during the process of loading, unloading and the journey.

  • It shall not be the responsibility of The Company to check the nature of goods being loaded on the truck. The matching is done on the basis of information entered by different parties. The Company shall not be responsible for any mismatch which has happened due to incorrect data input.



Cancellation Policy

In case you wish to cancel your deal with The Company, you could do so by contacting The Company as per the terms laid out in the Trucker Agreement/ GTA Agreement and/or any other agreements you might have had with The Company.



Limitation of Liability

You understand and agree that The Company, its Affiliates and third party providers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages, costs or loss of products, use data or other intangible losses even if we have been advised of the possibilities of those damages, resulting from:

  1. Your use of or inability to use the site, the services, or materials, or

  2. Obtaining substitute products and/or services, or

  3. The use of any data, information, products or services obtained from transactions entered into through the webs site, or

  4. Any statement or conduct of any third party, or

  5. Any other matter related to the site, the services or materials.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, or the exclusion of liability for death or personal injury, therefore, some of the limitations above may not apply to you.

The Company believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, shall The Company make any warranty as to the accuracy, completeness or currency of the content. As such, it remains your sole responsibility to verify any information before relying on it.

However, The Company agrees that the content on this site might include technical inaccuracies and/or typographical errors. From time to time, changes will be made to the content herein.



Right to make changes

The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time without notice; you should periodically revisit this Site to review the current terms and conditions by which you are bound Changes in these Terms and Conditions of Use will be effective when posted. Your continued use of the Site, and Materials after any changes to those Terms and Conditions of Use are posted will be considered acceptance of the changes.

The Company and its Affiliates may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any feature of the Site, at any time without notice. The Company and its Affiliates may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The Company and its Affiliates may terminate the authorization, right and license given above.



Law & Jurisdiction

All disputes arising from these terms and conditions and activities covered thereto shall be fought only in courts located in the National Capital Territory, Delhi and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.



User Eligibility

The Company, by ‘user’, implies any individual or business entity/organization that legally operates in India or in the other countries. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, all users of www.usedipper.com and The Company’s services must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our services, and should qualify as eligible under the laws of the land.



User Agreement

This agreement applies to all users who are registered with us- who have free or paid affiliations and those who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. Users may use this site solely for their own personal or internal purposes.



Information Provided by You

In order to use certain Services on this Site, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application about yourself as prompted by the registration and application forms on this Site. If any information you provide is untrue, inaccurate, incomplete or not current, or if The Company or any Affiliate has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, the Company in its sole discretion, has the right to suspend or terminate your access to the Site. Further, you agree that The Company will not be liable to you or any third party if the Company terminates your access to the Site, and the Services or Materials thereon, for any reason.

In accepting these Terms of Use you agree that any information or materials that you or individuals acting on your behalf provide to the Company or its Affiliates, you grant to The Company and its Affiliates an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit distribute and sub-license to others such information and materials, and you further agree that The Company or its Affiliates are free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide any information or materials to The Company or its Affiliates that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

The Company and its Affiliates will use the Permitted Information in accordance with the privacy policy posted on this Site.



Intellectual Property Rights

The Company is the sole owner or lawful license of all the rights to the web site and its content. Our web site content means, but is not limited to, its design, layout, text, images, graphics, sounds, videos etc. The web site content embodies trade secrets and intellectual property rights that are protected under worldwide copyright and other laws.

The information contained in this software and website (www.usedipper.com) is intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. We do not represent or endorse the accuracy or reliability of any Material, contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

The users acknowledge they own the information and authorize The Company to use the information as it might deem fit. Hence by providing information to The Company through this software, the users forfeit all their rights to the information

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "as it is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event, shall The Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

The information presented here has been compiled from publicly aired and published sources. The Company respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. We also reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.





Copyright

The content of this website is protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of the website. Unless otherwise stated, The Company authorizes you to view and download the information (“Materials”) at this Website only for your personal, non commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials are subject to the following restrictions:

      1. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

      2. You may not modify the materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose;

      3. You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use;

      4. You must not use graphics on this site separately from accompanying text; and

      5. You must acknowledge in all copies of the Materials the source of those Materials with appropriate wording;

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Company owns the copyright and any other right in all Materials on this site. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, The Company does not grant any express or implied right to you under any patents, trademarks, copyright or trade secret information.



Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with or without notice. We also reserve the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of the website and/or other visitors to the web site. We have the right to limit, deny or create different access to the web site and its features with respect to different users, or to change any of the features or introduce new features without prior notice.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

We have the right to temporary or permanent termination of membership of any user for any of the following reasons:

(a) if we conclude that the users have provided any false information in connection with the member account to, or are engaged in fraudulent or illegal activities.

(b) The user breach any provisions of the terms and conditions agreement and/or Privacy Policy of web site.

(c) Utilize web site to send spam messages or repeatedly publish the same product information.

(e) Impersonate or unlawfully use another business’s name to post information or conduct business of any form.

(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services.

(g) Obtain by any means, web site member's, user name and/or password.

If The Company terminates a user’s membership, he/she will not have the right to re-enroll or join the website/software under a new account or name unless formally invited to do so. In any case of termination, no membership charges or any other pending charges will be refunded. Users acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. Users, hereby, agree that in no event the web site shall be liable to the users or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.



Registered Users

To become a Registered User with our website, there is a proper procedure designed by us, which is for the convenience of users so that they can easily log-in and log-out.

An individual can become a registered user by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.) and upon verification. We will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Web site may or may not assign a User ID upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.

If you register on the behalf of a business entity, you represent that business entity and

(a) you have the authority to bind the entity to terms and condition of use and/or this Agreement;

(b) the address you use when registering is the principal place of business of such business entity and;

(c) all other information submitted to The Company during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.



Users solely represent, warrant and agree to:

(a) Provide The Company with true, accurate, current and complete information to be displayed on the web site and

(b) Maintain and promptly amend all information to keep it true, accurate, current and complete. Users hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to the website to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the web site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the web site (hereafter referred to as “Third Party Rights"). Users hereby represent, warrants and agree that they shall be solely responsible for ensuring that any material or information posted on the web site or provide to web site or authorize the web site to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner of such rights. Users hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the web site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no third Party Rights.

Users hereby also represent, warrant and agree that information submitted to The Company for display on the web site will not:

(a) Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities.

(b) Be part of a scheme to defraud other users of the web site or for any other unlawful purpose.

(c) Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights.

(d) Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising.)

(e) Be defamatory, libelous, unlawfully threatening or harassing.

(f) Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.

(g) Solicit business from any User(s) in connection with a commercial activity that competes with business of the Company.

(h) Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.

(i) Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law.



Interaction between Users

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, users agree to release and indemnify The Company (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Users may use the content/features on web site solely for their personal or internal purposes. Users also agree that they will not use The Company’s database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

No unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Text Messaging

By creating an Account, you agree that The Company and its Software may send you informational text (SMS) messages as part of the normal business operations of your use of the Software. You may opt-out of receiving text messages (SMS) from The Company at any time by sending an email to support@usedipper.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Disclaimer

You expressly understand and agree that:

  1. Your use of this site and the services and materials provided at the site are at your sole risk and

  2. The materials may contain inaccuracies and typographical errors.

The Company disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The Company does not represent or warrant that the functions contained in this website will be error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available are free from any harmful components including viruses.

The Company, its affiliates and the providers do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the site. You acknowledge that any reliance on the material or any opinion, advice, statement, memorandum, or information shall be at your sole risk.

The Company, and its affiliates reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the site. We use reasonable efforts to provide you with accurate information. We reserve the right, however, to make corrections and/or changes should this information prove to be inaccurate, The Company and its affiliates may make any other changes to the site, the materials and the products, programs, services or prices (if any) described in the site at any time without notice.

This website, the services, information and materials on the site as well as any software made available on the website, are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.

Some jurisdictions do not permit the exclusion of implied warranties. Therefore some of the exclusion of implied warranties, therefore some of the exclusions above may not apply for you.



Feel free to contact us at support@usedipper.com in case of any discrepancies.