Terms & Conditions



PLEASE CAREFULLY READ THESE TERMS OF USE. BY USING THIS WEBSITE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS WEBSITE.   

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. Downloading any data from the website is subject to the conditions stated below- You must retain all copyright and other proprietary notices contained in the material on all copies of the materials that you make.

  1. You may not modify the materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose.
  2. You must give notice of these restrictions on the use of materials to any person to whom you provide the materials.

Software

Any software made available to operate this Site and/or to download materials from it (the "Software") is the copyrighted work of MTX and / or its associates. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading materials from it. You may use this Software only for this purpose. Under no circumstances, you shall redistribute, sell, disassemble or otherwise deal with the Software.

Right to make changes

MTX reserves its right to make changes and updates to any information contained within this site without prior notice. Also, MTX reserves the right to change any of the Terms and Conditions without prior notice. Access to particular services on the site may be subject to additional or different terms and conditions, as specified by MTX from time to time.

Law & Jurisdiction

All disputes arising from these terms and conditions and activities covered thereto shall be fought only in Jurisdiction of Akola (Maharashtra) and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action.

General

This Web Site and the information including names, images, pictures, logos and icons concerning, regarding or relating to MTX 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 other’s intellectual property rights. Under no circumstances, shall MTX 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.

User Eligibility

By user, MTX 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 MTX 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.

User Agreement

This agreement applies to all users who are registered with us 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.

Intellectual Property Rights

MTX technologies India Pvt Ltd is the sole owner or lawful license of all the rights to the web site and its content. Our web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.  We do not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") 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 material's displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service. 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 MTX 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. MTX 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.

Limitation of Liability

You assume all the responsibilities and risk for the use of this site and the Internet in general. Under no circumstances, shall MTX. or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory. MTX believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, shall MTX 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, MTX agrees that the content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. All commercial/contractual terms are offered by and agreed to between Truck Suppliers and Truck Users alone. The commercial/contractual terms include without limitation Freight Charges, payment methods, payment terms, date, period and Type of Truck Service, MTX does not have any control or does not determine or advice or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Truck Supplier and Truck User. MTX provides a venue/platform for its users to meet and coordinate to share a truck to load their cargos to a desired destination. We do not actually take part in the actual coordination that takes place between two parties. Hence, all communication is the sole responsibility of the members only. MTX is not responsible for any dispute or fall out that may occur between two parties at any point of time. MTX does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the services proposed to be required or provided. MTX does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. MTX accepts no liability for any errors or omissions, whether on behalf of itself or third parties. MTX is not responsible for any non-performance or breach of any contract entered into between Truck Supplier and Truck User. MTX cannot and does not guarantee that the concerned Truck Supplier and/or Truck User will perform any transaction concluded on the Website. MTX is not required to mediate or resolve any dispute or disagreement between Truck Supplier and Truck User.  The freight payment shall directly be paid by the Truck User to the Truck Supplier according to the agreed payment terms. In case Truck Supplier or Truck User cancels the order after E-Confirmation, standard cancellation charges shall be applicable. Truck Supplier shall have discretion to refuse the load in case the load is presented without carriage documents, sales tax documents, transit forms, invoices or any other statutory documents or any load that is prohibited by Govt. of India for carriage. Truck User shall have discretion to refuse the truck in case the truck is made available at loading site without the prescribed documents in the Load Posting: Standard cancellation charges will be applicable and shall be paid directly by the defaulting party to the other party.

Termination

The contents and features on the web site are made available to visitors free of cost. However, we reserve the rights to terminate access to certain areas or features of the web site (to registered users) at any time for any reason, 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. We have the right to temporary or permanent termination of membership of any user for any of the following reasons:

  1. If it concludes that the users have provided any false information in connection with the member account to, or are engaged in fraudulent or illegal activities.
  2. The user breaches any provisions of the terms and conditions agreement and/or Privacy Policy of web site.
  3. Utilize web site to send spam messages or repeatedly publish the same product information.
  4. Impersonate or unlawfully use another business’s name to post information or conduct business of any form.
  5. Any unauthorized access, use, modification, or control of the web site data base, network or related services or try to hinder the functioning of booking, or put fake bids and manipulate.
  6. Obtain by any means, web site member's, user name and/or password.

If MTX terminate a user’s membership, he/she will not have the right to re-enroll or join the website under a new account or name unless formally invited to do so. In any case of termination, no membership 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. MTX strongly advises you not to test the site with false postings / Quotations, as it will put you at substantial legal risk. It is an offence to use a false name or other false personal information. Wilfully entering erroneous or fictitious Quotations or Postings may result in prosecution by MTX. Further, MTX has the right to terminate any account at any point of time without being answerable to any party.

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 a contact form on the web site by giving desired information (name, contact information, details of its business, etc.) or by calling the customer care. 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 on finding the authenticity of the user. Web site may or may not assign a User ID upon contacting. A web-based email/message account with limited storage space to send or receive email/messages would be required. 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

  1. you have the authority to bind the entity to terms and condition of use and/or this Agreement
  2. the address you use when registering is the principal place of business of such business entity and
  3. all other information submitted to MTX 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.

MTX has the right to deny registration to any party. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not MTX, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

  1. for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  2. to send, use or reuse any material that does not belong to you or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilia or menacing. ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way or impersonates another person or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States or objectionable or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
  3. To cause annoyance, inconvenience or needless anxiety.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to MTX:

  1. The content and material is accurate.
  2. Use of the content and material you supply does not breach any applicable MTX policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
  3. The content is lawful. You agree to indemnify MTX and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Posting Content on MTX

  Some of the content displayed on the website is provided or posted by third parties. Users can post their content on some of the sections/services of the web site using the self-help, submit and edit tools provided at the respective section. Users may need to register and/or pay for some of these services. MTX in such case is not the author. The content here is contributed by anonymous, registered or paid user. Neither our website nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. We are not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user in connection with his/her reliance on such Third Party content. In addition, we are not responsible for the conduct of user’s activities on the web site and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.

Users solely represent, warrant and agree to:

  1. Provide MTX with true, accurate, current and complete information to be displayed on the web site and
  2. 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 MTX for display on the web site will not:
  1. 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.
  2. Be part of a scheme to defraud other users of the web site or for any other unlawful purpose.
  3. 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.
  4. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising.)
  5. Be defamatory, libelous, unlawfully threatening or harassing.
  6. 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.
  7. Solicit business from any User(s) in connection with a commercial activity that competes with IIL.
  8. 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.
  9. Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law.

Interaction between Users

MTX provides an on-line platform for exchanging information between two businesses. But, we do not represent any information of the businesses/parties involved. We do not control & are not liable to or responsible for the quality, safety, lawfulness or availability of the cargo.  Users acknowledge that they fully assume the risks that may be caused to cargo when using the web site to deliver it from one place to another. The users must fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind, relating to products or services that are the subject of service using the web site. Such risks shall include, but are not limited to, misrepresentation of a business, fraudulent schemes, failure to meet deadlines, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Users hereby agree that MTX shall not be liable or responsible for any damages, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any delivery risks. 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 MTX (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 MTX’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.

Disclaimer

This website is provided by MTX. MTX makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on such website. MTX 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. MTX 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. MTX does not make any representations or warranties that the information on this website is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. You acknowledge, by your use of this website, that your use is at your sole risk. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers/users nor any breach of conditions, representations or warranties by the Truck Supplier, Truck User, Driver or any other party involved in the Transaction and hereby expressly disclaim and any all responsibility and liability in that regard. We are not liable to mediate or resolve any dispute or disagreement between you and the Transacting Party. You shall indemnify and hold harmless MTX technologies India Pvt Ltd, its subsidiaries(if any), affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with MTX nor shall MTX have any obligations or liabilities in respect of any transactions on the website. To the fullest extent possible by law, Company name maximum liability arising out of or in connection with MTX or use of the MTX content, regardless of the course of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR 1000 for the registered users and not liable in any way to unregistered users/visitors.