Thank you for using VALK (“App”) Services. These Terms of Use, together with VALK Privacy Policy (“Terms of Use”), shall apply to the users of the app as and when they visit, browse, access data and, place orders, upload or download documents, access or otherwise use the App.
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Use the services to obtain unauthorized access to the services, systems, network or data;
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Violate any applicable laws or regulations;
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Make available any content that you do not have the right to make available or that infringes any patent, trademark, copyright or other proprietary rights of any person or entity;
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Make available viruses or any other computer code, files, programs or content designed to interrupt destroy or limit the functionality of the services and affect other users;
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Interfere with or disrupt the services or servers, systems or networks connected to the services in any way.
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Shall not take responsibility or liability for the pricing and payment terms of contract entered between Vehicle owner and consignor/consignee, transport contractors and agents using this app as a platform;
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Shall not take responsibility or liability for any dispute arising between consignor or consignee or vehicle owner(or Lorry provider) or driver regarding quantity, quality, packing, assembling, etc. of goods conveyed with the help of this Application;
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Shall be harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to use or misuse of the services or of the app, any violation by user of these Terms of Use, or any breach of the representations, warranties, and covenants made herein;
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Shall not be liable for any late pickup, late delivery, early arrival, early delivery any waiting charges and also if user procure the freight without pickup service and/or delivery service, they themselves are responsible for delivering the shipment to the designated drop-off and/or pickup point;
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Shall not be responsible for goods or services or the terms on which services may be procured or availed using this application as a platform. If user chooses to procure or avail such goods or services, user should carefully evaluate them and the terms upon which you are availing them;
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Shall not be responsible for any natural loss, damage, deterioration of goods involved including on account of pilferage, theft, accident, natural calamity or any other similar cause;
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Shall not be liable for any conduct of the drivers of the vehicles. Users may notify complaints against driver of any vehicle that you may have hired using this platform;
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Shall not be liable for performance of service as earlier agreed by user parties;shall penalize the load owner, by charging a cancellation fee, if he/she refuses to load the shipment when lorry owner reaches the destination as specified by load owner, when the load owner had actually booked for the service and had paid the advance to VALK;
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May ask you for feedback of listed vehicles users from whom the users would have availed services;
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Shall withhold the user’s money in case the user is engaged in any fraudulent or malicious behaviour on the platform;
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May contact the user, in any way, in case money is credited to user’s account due to any technical glitch caused by VALK and the user shall credit the exact amount transferred by VALK within 10 (ten) days of such request by Vahak. In case the user does not credit the amount within the prescribed time as mentioned in this clause, VALK shall have the right to approach the court against the user.
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The user of app acknowledges and agrees that they shall be liable for checking the contents, packing, sealing, addressing, labeling and handling of the goods, carriage, shipping instruction or waybill.
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The VAlK name and logo, and other trademarks, service marks, graphics and logos used in connection with the App are trademarks VALK services provider PVT ltd Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The VALK Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are Indemnity and limitation of liability
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In case any loss or damage occurs to us due to your failure to provide us the correct information, or due to your engagement in any such activity on our platform, which may be in violation of the applicable law in India, you shall indemnify us from such damage or loss.
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You shall be bound by the Terms of Use, and shall be liable to indemnify us wholly, if you breach any provision of the Terms of Use.You agree that we shall not be liable for any illegal or offensive conduct of any third party on our platform. Further, we shall not be liable for any delay or inaccuracy in information provided by any third party on our platform.
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Any dealing between you and the third-party, on or through our platform, including the delivery of product or service, payment, conditions etc., shall be between you and the third-party only. We shall not be liable for any damage or loss pertaining to such dealings.
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Except as otherwise set forth in these Terms, these Terms shall be governed by Indian laws and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute between them arising under or in connection with these App Terms.
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If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. reserved to trademark holder and its licensors.
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Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed by anjar office The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
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(i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; |
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(ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. |
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