Terms and Conditions of LOADERPACK
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining 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 legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.loaderpack.com “and other integrated systems (“LoaderPack”).”
These terms of services apply to all users which use LoaderPack web and its integrated systems. Users in this context shall LoaderPack service partners including its owners, managers and staff members, and actual end users who use LoaderPack web to connect with LoaderPack service partners for its transportation needs.
By using this web, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to “we” or “us” or “web” or “company” are references to LoaderPack web and “you” as user/users of LoaderPack web and its integrated systems.
Purpose of LoaderPack
We are an intermediate services provider between customers who want to book truck/transport services and truck drivers/owners who want to offer services to customers.User Agreement
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use LoaderPack, including any subdomains, Web Pages or extension of LoaderPack and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of LoaderPack and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement.
Amendment : The Company reserves the right to change this Web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Web on publicly accessible links and you agree by accessing, browsing or using this web that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Web. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Web and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by LoaderPack Rules and Policies as provided from time to time.
Eligibility
This Web may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Web. A minor is not allowed to access or register as a user on the Web. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.
Registration and Communication
Registration :
You may register on LoaderPack through your Registration Form. In that case, You are solely responsible for maintaining the secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the web will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.
You shall not use this Web for any other purpose including for subscription other than as mentioned above that are not allowed under applicable law in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Web. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Web to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Web in any manner whatsoever.
Electronic Communication :
You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Web by the Company. You further agree that your use of the Web or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
Technical requirements
User may only register with LoaderPack.co.in if you have the necessary technical requirements at your disposal. Technical requirements are PC/Tablet and broadband internet connection or at least 3G internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User. The instructions “How to use” LoaderPack.co.in will be available on the homepage of the web. All users are to ensure that they read and adhere to these instructions for accessing LoaderPack.co.in. The user agrees that LoaderPack shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the user from using the web as designed or due to any reasons over which LoaderPack have no control. You also give permission to the Company to store details and records of your usage of the Web indefinitely. However, this does not constitute any obligation on the part of the Company or the Web to do so.Payment
Payment plans, payment terms and Refund policy for end users of LoaderPack are on footer of the website. However, we reserve the right to amend this payment policy and charges for the services rendered. In case if we amend our payment policy and charge for the service rendered, End Users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the Site.
All different types of Users are responsible for paying all charges/ fees associated with the use of the Web and shall be liable to pay any and all applicable taxes, charges, cess etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your usage with the Web and disallow access to the Web.
The Company reserves the right to introduce new services or modify/upgrade the existing services provided on the Web. Additionally, the Company at its sole discretion may introduce new charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Web and such changes shall automatically become effective immediately after they are posted on the Web.
Payments must be made using the any of the payment software’s of various payment gateway service providers in accordance with the terms and conditions / privacy policy of payment gateway. We facilitate payment processing through PCI compliant debit card/credit card/net banking/mobile banking/ mobile wallet/gift cards payment gateways. The user clearly agrees and acknowledges that company shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of company.
Company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and
The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
Services Activation and Delivery:
Activation e-mail/ sms
After the registration and successful payment of charges for our services offered, the user will get an e-mail/ sms for acknowledgment.Services
User will start receiving all services according to the type of vehicle and quantity of goods to be loaded in the truck within maximum 24 hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you agree and acknowledge that the company shall never be held responsible for any delays due to whatsoever reasons. Web access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible. The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the services delivering due to the internet malfunction/connectivity issues and when the web is closed for maintenance/updating with or without prior notice.User account and security
User Obligations
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s stride secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- Violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person or use an anonymous proxy;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- Shall not be false, inaccurate or misleading;
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- May give rise to liability on part of the Web or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Web without any notice and any such violate information that is displayed or submitted on the Web can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Web to restore or keep back up of your information and data and not hold the Web or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the Web or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Web and also for taking appropriate legal actions.
If you choose to provide feedback on the Web which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Web in any manner. Further, you shall not use the Web to promote any other person’s business or interests on the Web unless permitted by the Company in writing.