Kindly peruse this Agreement meticulously prior to accessing the ‘Platinum Trucking’ website (hereinafter referred to as the ‘website’). Upon accessing or using the Website, you hereby acknowledge and consent to all the terms and conditions outlined in this Agreement. If you do not accept the terms and conditions of this Agreement, kindly refrain from accessing and/or using the Website.

Platinum Trucking retains the authority to modify this Agreement from time to time. In the event of such modifications, we will publish a pertinent notification on the official website of ‘Platinum Trucking’ without issuing a separate notice. These amendments shall be deemed effective and enforceable five days subsequent to the notification. By persisting in the use of the Website following the amendment, you affirm that you agree to have read and accepted this Agreement.

Definition

Website: In the context of this agreement, “website” refers to the online platform operated and maintained by the Company. It encompasses all web pages, content, features, and services offered by the Company through its online presence. Users access the website platinumtrucking.in through the internet using web browsers or other compatible devices.

Platinum Trucking Service: means all services provided by Platinum Trucking (including but not limited to application service). You can access to Platinum Trucking Services through the Website installed on mobile and/or PC terminal devices.

Scope of authority

Platinum Trucking grants you a limited, non-exclusive, unalienable, un-sublicensing license. You shall install and/or use on more than one terminal devices for non-commercial purposes. However, you shall neither install, use, operate Website for business operating purposes, nor could you copy, alter, modify, articulated run or create any derivative works from the data, data released on any terminals or interactive data between customer and server terminals, in multiple forms, including without limitation, getting access to Website and relevant systems by taking advantages of plugins or any unauthorized third-party instruments/services.

By downloading and installing, and/or initially accessing the Website, the licensing relationship is set up. You shall comply with the related ‘Agreement on Licensing and Limitation’ in terminal operating systems. If and when Platinum Trucking has reasonable ground to believe that you have breached the agreement, Platinum Trucking is  hereby authorized to terminate your license at any time.

In accordance with this Agreement, Platinum Trucking provides you with a license for the Website, excluding the right to sell. Your utilization of the Website is contingent upon compliance with this Agreement, and Platinum Trucking retains all rights not explicitly conferred herein.

Usage specification

You shall not use Website in the following ways:

  • Any behavior in violation of laws and regulations, public order and good morals, or harmful for public interests.
  • Rent, lend, copy, amend, link, reproduce, compile, issue, publish, and set up mirror sites without authorization. or create derivative works based on the Website.
  • Log in or use the website through any third-party compatible software system, which is not developed, authorized or approved by Platinum Trucking, or use plugins, which are not developed, authorized or approved by Platinum Trucking on the Website.
  • Delete any copyright related information or contents on the website or the other copies thereof. Modify, delete or intentionally avoid technique security measures in the application, which are set up by Platinum Trucking for intellectual property protection purposes.
  • Without Platinum Trucking’s prior written consent, rent, lend or sub-license the Website to a 3rd party, or simultaneously using multiple versions of the website.
  • Copy, disassemble or modify Website, in whole or in part, or create any derivative works.
  • use the Website to upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Website.
  • Any other use of Website in illegal manners, for illegal purposes, or inconsistent with this Agreement.

You understand and agree that:

In its sole discretion, Platinum Trucking is empowered to determine whether you have violated the purported terms, and based on such determination, may proceed to suspend or terminate your license or implement other restrictive measures as prescribed herein, without prior consent or notice.

Should you post information suspected of violating laws, infringing upon people’s legitimate rights, or contravening this Agreement while utilizing the Website, Platinum Trucking is authorized to remove said information without prior notice, unless evidence substantiating its legality is provided by you.

You shall be independently liable on your own behalf for the damages caused to any third parties as a result of your breach of the alleged specifications. Furthermore, Platinum Trucking shall be exempted from losses and/or increased costs, and you shall indemnify Platinum Trucking for any compensation paid to third parties in the event that Platinum Trucking provides compensation in advance.

In the event that your alleged violation of relevant laws and/or provisions of this Agreement causes Platinum Trucking to incur losses, compensate a third party, or face penalties from the Administrative Department, you shall indemnify Platinum Trucking for losses and associated legal costs incurred thereby, including but not limited to reasonable attorney fees, investigation costs, and evidence collection.

You agree that any breach of This Agreement will make Platinum Trucking suffer from irreparable losses, not merely money. In addition to Platinum Trucking’s available compensation and other remedial measures, you agree that Platinum Trucking is entitled to injunctions, in order to prevent actual, threatening or continuous violation of this Agreement.

Termination and breach of contract

In the event that you violate any terms of this Agreement, Platinum Trucking reserves the right to unilaterally terminate this Agreement without issuing prior notice.

Upon termination, you must cease using the Website and eliminate all copies thereof.

You are responsible for any losses and actual damages incurred by Platinum Trucking or other users due to your breach of this Agreement.

Governing law and dispute resolution

The validity, interpretation, modification, execution, and resolution of disputes shall be governed by the laws and regulations of India, specifically the following laws:

  1. Contract Act:

The formation, interpretation, and enforcement of this agreement, including any disputes or breaches arising hereunder, shall be governed by the Indian Contract Act, 1872.

  1. Intellectual Property Rights (IPR) Laws:

Any matters related to intellectual property rights, including but not limited to trademarks, copyrights, and patents, shall be governed by the relevant laws and regulations pertaining to Intellectual Property Rights in India.

  1. Jurisdiction:

The Parties agree that any legal proceedings arising out of or in connection with this agreement shall be subject to the jurisdiction of the courts in Kolkata, West Bengal. Any disputes arising from this Agreement shall be resolved through amicable negotiations between both Parties. Should such disputes remain unresolved through negotiations, they shall be submitted to the court of competent jurisdiction where Platinum Trucking is located.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Agreement. The remaining provisions shall be binding upon you and Platinum Trucking and shall be enforced accordingly.

Others

Platinum Trucking reserve right to transfer the rights and obligations herein to a third party without your consent.

This Agreement constitutes the entire agreement between the parties related to granting license of Website and supersedes all prior negotiations.

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