Terms and Conditions for Trukkr – Transporter App 

 

Introduction

Welcome to Trukkr, a specialized mobile application tailored for transporters in Pakistan, designed to streamline your transport operations, manage financial documents like ledgers and invoices, interact with a marketplace tailored to your needs, and apply for financing products directly through the app. These Terms and Conditions (the “Terms”) govern your use of the Trukkr app available on the Google Play Store. By accessing or using the app, you agree to be bound by these Terms, which form a contract between you (the user) and Trukkr Technologies Pvt Ltd (the “Company”).

Please read these Terms carefully. They affect your legal rights, including agreeing to resolve any disputes with us through binding, individual-only arbitration, as detailed in the arbitration section of these Terms. By using the Trukkr app, you consent to these provisions.

1. Acceptance of Terms

1.1 Agreement to Terms: By downloading, browsing, accessing, or using the Trukkr app, you agree to be bound by these Terms. If you do not agree with or are unable to agree to any part of these Terms, you must immediately uninstall the app and discontinue its use.

1.2 Modification of Terms: The Company reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the app after any such changes indicates your acceptance of the new Terms.

1.3 Eligibility: The app is intended solely for users who are eighteen (18) years of age or older. By using the app, you represent and warrant that you are 18 years or older and have the full authority, right, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

2. Account Registration and Use

2.1 Account Creation: To access certain features of the app, you must register for an account. When creating your account, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the app; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

2.2 Account Responsibilities: You are responsible for all activities conducted through your account. The Company is not liable for any loss or damage arising from your failure to comply with this section.

3. Privacy Policy

3.1 Personal Information: By using the Trukkr app, you consent to the collection, storage, use, and disclosure of your personal information as set forth in our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

3.2 Data Security: The Company is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.

4. Services Offered

4.1 Operational Management Tools: The app provides a comprehensive suite of tools designed to help transporters manage their daily operations. This includes scheduling, dispatching, tracking shipments, and receiving updates on the transport process.

4.2 Financial Document Management: Users have access to features that allow for the creation, management, and sharing of financial documents such as ledgers and invoices, facilitating better financial tracking and accountability.

4.3 Marketplace Interaction: The app includes access to a marketplace where transporters can find and engage with service providers related to the transport industry, including vehicle maintenance, fuel, and insurance services.

4.4 Financing Application: Transporters can explore and apply for various financing products through the app. This feature is designed to help transporters access the capital needed to grow or sustain their operations.

4.5 Service Availability: The Company does not guarantee that the services will always be available or uninterrupted. The Company may suspend, withdraw, discontinue, or change all or any part of the services without notice. The Company will not be liable to you if, for any reason, the services are unavailable at any time or for any period.

5. User Conduct and Responsibilities

5.1 Lawful Use: You agree to use the app only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the app. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the app.

5.2 Compliance with Laws: You are responsible for complying with all local laws and regulations regarding the download, installation, and use of the app.

5.3 Content Responsibility: The app allows users to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post on or through the app, including its legality, reliability, and appropriateness.

6. Intellectual Property Rights

6.1 Ownership: The app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use: The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the app for your personal, non-commercial purposes strictly in accordance with these Terms.

6.3 Restrictions: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our app, except as permitted under these Terms.

7. Termination and Access Restriction

7.1 Termination by Company: The Company reserves the right, in its sole discretion, to terminate your access to the app and the related services or any portion thereof at any time, without notice, if you fail to comply with these Terms.

7.2 User Cancellation: You may cancel your account and terminate these Terms at any time by contacting the Company and ceasing all use of the app.

7.3 Effect of Termination: Upon termination, your right to use the app will immediately cease. If you wish to terminate your account, you may simply discontinue using the app.

8. Disclaimers and Limitations of Liability

8.1 No Warranties: The app is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the app will function uninterrupted, that it will be secure or available at any particular time or location, or that any defects or errors will be corrected.

8.2 Use at Your Own Risk: Any content downloaded or otherwise obtained through the use of the app is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device, or loss of data that results from such download or your use of the app.

8.3 Limitation of Liability: To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the app; (ii) any conduct or content of any third party on the app; (iii) any content obtained from the app; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Indemnification

9.1 User Indemnity: You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms, your use of the app, or your violation of any law or the rights of a third party.

10. Governing Law and Jurisdiction

10.1 Governing Law: These Terms and your use of the app will be governed by and construed in accordance with the laws of Pakistan, without giving effect to any choice or conflict of law provision or rule.

10.2 Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the app shall be instituted exclusively in the federal courts of Pakistan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Arbitration

11.1 Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Pakistan, before a single arbitrator.

11.2 Arbitration Process: The arbitration shall be conducted in accordance with the Arbitration Rules of the [Insert Arbitration Association] applicable at the time the arbitration is initiated. The award rendered by the arbitrator shall be final and binding on the parties.

12. Miscellaneous

12.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of the app and supersede all prior and contemporaneous written or oral agreements between you and the Company.

12.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

12.3 No Waiver: The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Amendments: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Contact Information

For any questions regarding these Terms, please contact the Company at info@trukkr.pk