Terms of Service

This document contains terms and conditions (“Terms of Services”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the IT Act and rules made thereunder.

The CHALOGAADI application / website (the “Website”) is owned, managed, and operated by CHALOGAADI Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Bhupalpally, Telangana, India 506169 (hereinafter collectively referred to as “CHALOGAADI” or “us” or “we”).

For the purpose of these Terms of Service hereinabove, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User/Driver”, shall mean and include any person who avails the Services offered through the Website. In the event, the Service is availed by an entity, the User/Driver shall include all the identified employees of the User/Driver entity to whom the User/Driver entity enrolls on the Website (“Authorized User”). All such Authorized Users shall be able to avail the Services in accordance with these Terms of Service.

Please note that the Website provides for various Services pertaining to facilitating the users to transport their goods from one location to another location and to facilitate the drivers/transporters to accept the transportation to avoid their empty journeys after a transport.

General Terms

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

User/Driver shall, in no manner, use the data or outcome for any illegal activities or legally prohibited or objected or opposed activities. User/Driver shall not use the data for any terrorist activities, anti-national activities, or to destroy any rights of natural or other persons.

Further, User/Driver shall not use the data displayed on this platform for any other use than for what it is intended, i.e., to compare the prices of products for the best purchase price. The User/Driver is completely at his discretion to make a purchase and shall not hold “CHALOGAADI” liable for any purchase User/Driver makes on “CHALOGAADI” on the basis of available information on the platform.

The User/Driver shall not host, display, upload, modify, publish, transmit, store, update, or share any information that —

  1. belongs to another person and to which the User/Driver does not have any right;
  2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to children;
  4. infringes any patent, trademark, copyright, or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to other nations;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

Conditions to Use Website

For the use and access of the Website and availing the Services on the Website, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Website or accepting these Terms of Services, you represent and warrant to the CHALOGAADI that you are 18 (eighteen) years of age or older, and that you have the right, authority, and capacity to use the Website and avail Services and agree to and abide by the Terms of Services as provided herein. Please note if the User/Driver is under 18 years of age, he/she may use or access the Website and avail the Services on the Website only with the involvement of a parent or a guardian. However, We reserve the right to deny the use of/access to and/or exclude from our Website, any person at our absolute discretion, and we also reserve the right to suspend, revoke or amend your use/membership at our absolute discretion.

User shall have to upload the images of goods to be transported before and after packing and shall have to give in writing what all goods are to be transported.

Driver/Transporter shall have to upload the images of goods before and after the transport and shall have to take the confirmation of receipt of goods before leaving.

Indemnity

In addition to and not in derogation of the specific indemnities provided by You to CHALOGAADI under these Terms of Services and/or policies of CHALOGAADI, You agree to indemnify, defend and hold harmless CHALOGAADI and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, User/Drivers and agents etc. against any and all losses arising out of or in connection with, any claim, suit, action or other proceeding brought against CHALOGAADI / the Website, to the extent such losses are based on or arising out of or in connection with:

  1. any breach or non-performance of any of the Terms of Services and/or other terms and conditions of CHALOGAADI / Website with respect to use and access of the Website and availing of Service(s);
  2. truthfulness and correctness of the data and information provided by the User/Driver at the time of creating an account on the Website and/or availing the Service(s);
  3. any content posted by the User/Driver on the Website and User/Driver's use of the Service(s) available on the Website; and/or
  4. breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights).

Transporters/Drivers shall indemnify CHALOGAADI from all sorts of claims, liabilities etc., arising out of any damage to the goods due to any reason, accident to the vehicle etc.

User shall indemnify CHALOGAADI and the Transporters/Drivers from all sorts of claims, liabilities etc., arising out of any wrong goods or goods prohibited under law, or wrong claim on goods which are not really transported.

User/Drivers shall have to indemnify CHALOGAADI if the goods transported are not reached to the destination or partially not received.

Drivers/Transporters shall not, in any manner, transport two users’ goods at one time. If it is identified to be done, they shall indemnify CHALOGAADI from all liabilities, proceedings, orders, demands etc.

Liability

In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Website and/or availing of Service(s).

You release and indemnify CHALOGAADI and/or any of its officers and representatives from any losses, liability or other consequence of any of the actions of the other User/Drivers of the Website and specifically waive any claims that you may have in this behalf under any Applicable Law.

In no event shall the total aggregate liability of CHALOGAADI to any registered User/Driver for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability or otherwise) arising from these Terms of Services or any of your use of the Website exceed an aggregate amount of the fees paid by the registered User/Driver for the Services availed. We accept no liability for any errors or omissions on behalf of You.

User/Driver will be responsible for and thus releases CHALOGAADI from, any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms of Services and further agrees to hold harmless and indemnify CHALOGAADI in this regard.

The User/Driver understands and agrees that any material and/or data downloaded through the Website is done entirely at User/Driver's own discretion and risk and the User/Driver will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.

Conditions to Use Website

For the use and access of the Website and availing the Services on the Website, in any manner, you must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Website or accepting these Terms of Services, you represent and warrant to CHALOGAADI that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Website and avail Services and agree to and abide by the Terms of Services as provided herein. Please note if the User/Driver is under 18 years of age, he/she may use or access the Website and avail the Services on the Website only with the involvement of a parent or a guardian. However, we reserve the right to deny the use of/access to and/or exclude from our Website, any person at our absolute discretion and we also reserve the right to suspend, revoke or amend your use/membership at our absolute discretion.

User shall have to upload the images of goods to be transported before and after packing and shall have to give in writing what all goods are to be transported.

Driver/Transporter shall have to upload the images of goods before and after the transport and shall have to take the confirmation of receipt of goods before leaving.

Indemnity

In addition to and not in derogation of, the specific indemnities provided by you to CHALOGAADI under these Terms of Services and/or policies of CHALOGAADI, you agree to indemnify, defend and hold harmless CHALOGAADI and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, User/Drivers and agents etc. against any and all losses arising out of or in connection with, any claim, suit, action or other proceeding brought against CHALOGAADI / the Website, to the extent such losses are based on or arising out of or in connection with:

  • (a) any breach or non-performance of any of the Terms of Services and/or other terms and conditions of CHALOGAADI / Website with respect to use and access of the Website and availing of Service(s);
  • (b) truthfulness and correctness of the data and information provided by the User/Driver at the time of creating an account on the Website and/or availing the Service(s);
  • (c) any content posted by the User/Driver on the Website and User/Driver's use of the Service(s) available on the Website; and/or
  • (d) breach of any third-party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights).

Transporters/Drivers shall indemnify CHALOGAADI from all sorts of claims, liabilities etc., arising out of any damage to the goods due to any reason, accident to the vehicle etc.

User shall indemnify CHALOGAADI and the Transporters/Drivers from all sorts of claims, liabilities etc., arising out of any wrong goods or goods prohibited under law, or wrong claim on goods which are not really transported.

User/Drivers shall have to indemnify CHALOGAADI if the goods transported are not reached to the destination or partially not received.

Drivers/Transporters shall not, in any manner transport two users’ goods at one time. If it is identified to be done, they shall indemnify CHALOGAADI from all liabilities, proceedings, orders, demands etc.

Liability

In no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Website and/or availing of Service(s).

You release and indemnify CHALOGAADI and/or any of its officers and representatives from any losses, liability or other consequence of any of the actions of the other User/Drivers of the Website and specifically waive any claims that you may have in this behalf under any Applicable Law.

In no event shall the total aggregate liability of CHALOGAADI to any registered User/Driver for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability or otherwise) arising from these Terms of Services or any of your use of the Website exceed an aggregate amount of the fees paid by the registered User/Driver for the Services availed. We accept no liability for any errors or omissions on behalf of you.

User/Driver will be responsible for and thus releases CHALOGAADI from, any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms of Services and further agrees to hold harmless and indemnify CHALOGAADI in this regard.

The User/Driver understands and agrees that any material and/or data downloaded through the Website is done entirely at User/Driver's own discretion and risk and the User/Driver will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.

Electronic Communications

A) Means of Communication

When you visit “CHALOGAADI” or send emails to us, you are communicating with us electronically.

B) Consent

By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

C) Copyright Protection

All content included on this platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, and software is the property of “CHALOGAADI” or its content suppliers and protected by the Copyrights Act, 1957 and international copyright laws. The compilation of all content on this platform is the exclusive property of “CHALOGAADI” and protected by the Indian and international copyright laws. All software used on this platform, including its mobile application is the property of “CHALOGAADI” or its software suppliers and protected by the Indian and international copyright laws.

Trademarks

D) Protected Graphics

All “CHALOGAADI” graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of “CHALOGAADI”, or its subsidiaries. “CHALOGAADI”’s trademarks and trade dress may not be used in connection with any product or service that is not “CHALOGAADI”’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “CHALOGAADI”. All other trademarks not owned by “CHALOGAADI” or its subsidiaries that appear on this platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by “CHALOGAADI” or its subsidiaries.

E) Domain

You may not create a link to this website from another website or document without our prior written consent.

Platform Policies, Modification, and Severability

Privacy

You agree that during your use and access of the Program and/or availing of the Services offered by the Website, you will provide Us with certain information and other data as mentioned under the Terms of Services which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms of Services, are governed under CHALOGAADI’s privacy policy (“Privacy Policy”) which is available at https://chalogaadi.in/privacy.html. By using and visiting the Website and availing the Services or accessing the Program, you agree to the terms and conditions of our Privacy Policy.

Other Policies

Please review our other policies, including our pricing policies, privacy policies, return and exchange policies, posted on our platform. These policies also govern your visit to CHALOGAADI. We reserve the right to make changes to our platform, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Changes and Amendments

We reserve the right to modify these Terms of Services at any time, so please review it frequently. If we make material changes to these Terms of Services, we will notify you here, by email, or by means of a notice on our home page. Your continued use of the platform following the posting of changes to these Terms of Services will be deemed your acceptance of those changes.

Governing Law and Jurisdiction

These Terms of Services and the relationship between you and “CHALOGAADI” shall be governed by the laws of India without regard to its conflict of law provisions. You and “CHALOGAADI” agree to submit to the personal jurisdiction of the courts located in India, to resolve any legal matter arising from these Terms of Services. Notwithstanding this, you agree that “CHALOGAADI” shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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