Terms Of Services

This document describes the terms with which BookMyTransporter (BMT) offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the Bookmytransporter.com domain. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the Bookmytransporter.com website. All modified terms and conditions shall take effect immediately after posting to the Bookmytransporter.com website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you.

This agreement is effective on August 04, 2016 for all users.

BookMyTransporter is a Neutral Venue.

Our site acts as a venue where shipping customers and Transporters can meet and enter into agreements. BookMyTransporter does not prequalify or validate the claims of Transporters including with respect to their licensure, insurance and registration. We, our website and mobile application function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members.

Membership

You agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended BookMyTransporter members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your BookMyTransporter membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the BookMyTransporter website as a means to sell or market any types of goods or products, unless specifically allowed by BookMyTransporter.

Other Terms and Conditions

You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website and mobile application at various places throughout the website and mobile application. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.

Fees

This is a monthly subscription website. All fees are payable in advance and subscription renewal fees are automatically charged to a member's credit card without prior notification. Until this agreement is cancelled the member hereby authorizes BookMyTransporter to charge the member's chosen payment method to pay for the ongoing cost of membership. Any member may cancel their service at any time without hassle. All cancellations must be made by email at hello@bookmytransporter.comand must be made 1 week prior to end of users monthly billing cycle. Any fees paid before cancellation will not be refunded. Unless otherwise stated, all fee schedules are based in INR (Indian Rupees). For ads placed in a different currency, we will use the conversion rate on the payment date to calculate the booking fee. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your BookMyTransporter password or any account sensitive information to any third parties. BookMyTransporter is not responsible for any monetary disputes that reside with a Transport Service Provider (TSP) or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of BookMyTransporter.

Trial Accounts

BookMyTransporter offers new users a Free trial, provided users give a valid e-mail. During the Free trial period users are allowed to publish one Ad only.

No Agency

You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the BookMyTransporter website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

Release

Should you have a dispute with one or more BookMyTransporter users, you release BookMyTransporter, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Shipping

As a shipping customer, you are obligated to complete the transaction with the TSP if you accept the TSP's price, unless the transaction is prohibited by law or by this Agreement. By accepting a TSP's ad, you agree to be bound by the conditions of the ad included in the ad details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the TSP materially changes the ad details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the TSP's identity or credentials. The TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the TSP.

Prohibited and Restricted Items

Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on BookMyTransporter. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on BookMyTransporter - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law.

Transportation

You must legally be able to transport the shipments you ad on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and national licensing requirements. You must describe your offer and all terms of your. You acknowledge that the BookMyTransporter website exists for members to make a fully informed decision about services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), BookMyTransporter reserves the right to suspend or cancel your account at our sole discretion. Your ad may only include content relevant to the description of your transportation services. If your ad is accepted by the shipping customer, you are obligated to perform the services offered in your ad at the accepted ad price.

Information You Submit

You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing BookMyTransporter transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile application. You authorize BookMyTransporter to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website and mobile application acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website and mobile application that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website and mobile application acts as a passive conduit for any of your on line communication or distribution of content or information. Furthermore, you expressly represent and warrant the following:
(1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or mobile application, or;
(2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information: • Will not violate any international, central or state law, regulation, rule, or statute; • Will not violate the terms of this Agreement; • Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights; • Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography; • Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about BookMyTransporter employees, agents, other members, or the marketplace itself; • Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile application; • Will not scan or test the vulnerability or security of our website, mobile application or the system within which it operates; • Will not be used for commercial or public purposes outside of the requirements of this Agreement; • Will not create liability for us in any manner whatsoever; • Will not frame or link to our website without our written permission; and • Will not involve the upload, or insertion of, any programming language or code into or onto our website or mobile application. You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

Fraud

BookMyTransporter may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the ad prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:

Manipulating feedback

You acknowledge and agree that the BookMyTransporter website or mobile application is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT: • Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member; • Post and/or cut and paste and/or copy the content of a member feedback review from the BookMyTransporter website or mobile application to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form; • Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other); • Post or attempt to post, in any manner or by any means, a feedback review on your own account. • Ask shipping customers to pay off-site through another form of payment when they have already paid through BookMyTransporter Payments.

Off-Site Communications

BookMyTransporter prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the BookMyTransporter site. Offers of this nature circumvent BookMyTransporter fee structure and are a potential fraud risk for both shipping customers and Transporters. Some examples of off-site offers include: • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in BookMyTransporetr question and answer system, profile section, “Additional Information” sections, username, discussion forums, shipment listing, or shipment description. • Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through BookMyTransporters's question and answer system, profile section, “Additional Information” section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site. BookMyTransporter reserves the right to edit, amend, or delete any personal contact information that members submit on our site. BookMyTransporter reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.

Posting

BookMyTransporter reserves the right to edit, amend, or delete any information posted on the site if, in the sole opinion of BookMyTransporter, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement.

Right to Reject or Remove Members

We reserve the absolute right to reject your participation, or remove you from your current participation, in the BookMyTransporter site at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the BookMyTransporter marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.

Petition for Reinstatement

Upon your removal from the BookMyTransporter website, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

Confidentiality/Non-Disclosure

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

Taxes

You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.

Record Keeping/Audit

We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.

Non-solicitation

During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

No Felony Convictions

You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

Unsolicited Idea Submission

We always want to receive messages and feedback from BookMyTransporter members and welcome any comments regarding the BookMyTransporter marketplace. However, BookMyTransporter policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by BookMyTransporter might be similar or even identical to your idea. If you do send BookMyTransporter an unsolicited suggestion, idea, or proposal, or if you send, at the request of BookMyTransporter, a comment or suggestion to improve the BookMyTransporter Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), BookMyTransporter will consider the Submission to be non-confidential and non-proprietary. BookMyTransporter shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. BookMyTransporter shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Identity Verification

We use techniques to help verify the identity of Transporters when they register on our website through the BookMyTransporter.com domain, sub-domains or mobile application; however, BookMyTransporter cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.

Remedies

Remedies for use of our website or mobile application that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.

No Warranty

BookMyTransporter, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Limited Liability

We try to keep BookMyTransporter and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold BookMyTransporter responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: • Your use of or your inability to use our sites, services and tools; • Delays or disruptions in our sites, services, or tools; • Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools; • Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them; • The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items; • A suspension or other action taken with respect to your account; • Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

Dispute Resolution

Disputes between you and BookMyTransporter regarding our services should be reported to hello@bookmytransporter.com We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to BookMyTransporter, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.

Protection of Intellectual Property Content

The BookMyTransporter website and mobile application contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.

Trademark and Domain Name Protection

The BookMyTransporter website and mobile application contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.

Security

BookMyTransporter uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website or mobile application can be interrupted by numerous factors outside of our control.

General

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

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