TERMS AND CONDITIONS GOVERNING USE OF SERVICES
Desh Parivahan is a brand owned & operated by ‘K-Infinite Ideas (OPC) Pvt. Ltd.’ (hereinafter called “the company”) . ‘Desh Parivahan’ (hereinafter called “Mobile App Platform and Web Platform)
A) About Application & Web Platform
The purpose of the application is to establish a digital platform for the transport market. Here truck operators/transporters/goods and load senders can upload their availability of resources and details of goods/loads online and can connect with probable clients/customers.
Other transport related services/industries such as tyre/puncture, mechanics, crane/towing/earthmovers, fuel stations, warehouses ,dhaba restaurants are also given digital places to upload their information so we can create a unified integrated system connected with the transport world.
There is also a portion in the app named 2nd market where sellers and buyers of any article related to the transport ecosystem can upload their details as well as requirements and they can purchase or sell as per their negotiations.
For entertainment we included truck shayaris because we can not imagine our transport world without entertaining and creative shayaris written on trucks. Along with that, the application user can upload any kind of transport related information or news for sharing with other users, It is understood that the application is only an intermediary and does not in any manner verify its truthfulness.
There is also a section where the ‘recommended’ or suggestions category is highlighted at the top in the home page where one can get more probable chances of business there . It works on the user’ information of usage of the app.
B) Legal Responsibilities
The logo of the app is copyrighted.
Those who came into contact via our application can negotiate on their own and they will be responsible for whatever is decided/fixed/resolved/contracted in between them and their consequences.
Application platform shall not be liable for any kind of losses, thefts, cheating or damages to the goods/loads or transport vehicles or anything that is contacted or communicated via our application platform
No one shall use the application platform for any unlawful, illegal, contraband material or service transportation or anything that can be contacted via app. Any illegal part of any user’s act he/she(user) shall be responsible for the same. The application is an intermediary platform and takes no responsibility for any illegal acts committed by its users and any consequences thereof.
The users of segment named 2nd market of our application platform will have to take necessary precautions to evade any kind of losses, damages or cheating. Our application platform is not responsible for any such consequences.
For any breach or violation of the law/rules the user shall be liable.
All users of the application platform are advised to take any decisions after considering all aspects cautiously for prevention of any kind of damages and losses.
For the services named under the respective segments such as tyre/puncture, mechanics, crane/towing/earthmovers, fuel stations, warehouses ,dhaba restaurants the client/customer and service providers are responsible for whatever business/transactions are finalised. The application platform shall not be responsible for any kind of unprofessional experience by any service providers as well as for any kind of disputes between client/customer and service providers.
There is a segment in the application platform for the entertainment of users named truck shayari . Here no user should enter or upload anything that can hurt sentiments of any caste or religion or can not spread rumours that can cause social imbalance. This portion can not be used for any kind of fake or wrong inputs. The user shall be solely responsible for the maladies' use of the platform.
C) Fact Verification
The application platform is not verifying the truthfulness of any kind of inputs uploaded by any users at any place on our application platform.
The application platform is not guaranteeing or verifying the claims of any product or services for advertisements given on application.
The aim and objective of the segment of trend/news is to give the transport world the latest trends or news uploaded by the users Along with that application user can upload any kind of transport related information or news for sharing with other users, The application platform does not verify its truthfulness.
The application platform is not responsible for any fake news inputs or rumours uploaded by any user.
D) Data & Information Sharing
The application platform can monetise the content generated by usage of the application platform by users.
The application platform will cooperate and provide any information and assistance sought by any government agencies.
The data can be used to experiment for better performance of the application in future.
The application platform will be having ownership and all rights of the data generated due to functioning and usage of the application platform.
E) Advertisement & Monetization
Any advertisement given in the banner advertisement section shall not be cancelled and no refund shall be given to anyone. Any advertisement may be deleted if it contains any illegal contents.
Whatever information is given in banner advertisements are bound to be given correctly by the user. The banner advertisement can not be edited, altered or changed in any way.user is responsible for correct and right information.
The application platform is not verifying the truthfulness of any claim for any product or services given in the advertisement section.
The application platform is not giving authority to anyone to communicate or negotiate anything on behalf of the application platform.
II: DESCRIPTION OF SERVICE AND CONTENT POLICY
Desh parivahan is the online platform based on Data entry model for transport and logistics ecosystem. We act as a venue to allow our users who comply with these Terms to offer, publish and post their transport services and their other services as mentioned in the app. Service listing. The people who want to post their details of goods to be sent may also use the app as a platform. We also provide a segment called 2nd market where users can sell, and buy products related to the transport eco system and services listed on the Platform. Desh parivahan mobile application and web platform does not carry any liability to any party for any kind of transactions .As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Desh parivahan mobile application and web platform is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
You also agree and clearly understand that Desh parivahan mobile application and web platform does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside its domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances Desh parivahan mobile application and web platform will be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Desh parivahan mobile application and web platform cannot and does not pre-screen or approve any Content, but that Desh parivahan mobile application and web platform has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Desh parivahan mobile application and web platforms knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to Desh parivahan mobile application and web platform If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Desh parivahan mobile application and web platform makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and desh parivahan mobile application and web platform disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Desh parivahan mobile application and web platform to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Desh parivahan mobile application and web platform an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Desh parivahan mobile application and web platform(and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Desh parivahan mobile application and web platform in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Desh parivahan mobile application and web platform all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Desh parivahan mobile application and web platform may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you.Desh parivahan mobile application and web platform makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Desh parivahan mobile application and web platform remove or delete such Content from the Platform. Further, you grant Desh parivahan mobile application and web platform the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
Desh parivahan mobile application and web platform does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Desh parivahan mobile application and web platform expressly disclaims any and all liability in connection with User Content. Desh parivahan mobile application and web platform does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Desh parivahan mobile application and web platform may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Desh parivahan mobile application and web platform reserves the right to remove any Content without prior notice. Desh parivahan mobile application and web platform may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Desh parivahan mobile application and web platform reserves the right to decide whether any Content is appropriate and complies with these Terms.
You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
That violates any law or regulation;
That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Desh parivahan mobile application and web platform all of the license rights granted herein;
That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
That harasses degrades intimidates, or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
That 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
That includes personal or identifying information about another person without that person's explicit consent;
That impersonates any person or entity, including, but not limited to, an Desh parivahan mobile application and web platform employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes.
That includes links to commercial services or Third Party Websites, except as specifically allowed by Desh parivahan mobile application and web platform that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
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 or any other computer resource;
That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
Contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
make any libellous or defamatory comments or postings to or against anyone;
collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, bots or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
attempt to gain unauthorised access to computer systems owned or controlled by Desh parivahan mobile application and web platform or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Desh parivahan mobile application and web platform's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
use any automated device or software that enables the submission of automatic postings on Desh parivahan mobile application and web platform without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
III: PAYMENT FOR PAID SERVICES
Upon selecting any feature of Paid Services, you may be redirected to a third-party payment processing site offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). You agree that Paid Services will be made available to you only upon receipt of payment confirmation from the Payment Gateway. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.
You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status.
Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.
If you choose to delete or deactivate any Paid Services prior to the period for which it is active, we will not be liable to refund you for any unutilized time. In the event you are not able to avail of the Paid Services on the Website on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your account. The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Website on account of any technical reasons due to any subsequent editing done by you.
IV: POSTING AGENTS
As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. Desh parivahan mobile application and web platform prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Desh parivahan mobile application and web platform. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Desh parivahan mobile application and web platform.
V: ACCESS TO THE SERVICE
Desh parivahan mobile application and web platform grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Desh parivahan mobile application and web platform or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Desh parivahan mobile application and web platform, your use will be considered to be in violation of these Terms, unless Desh parivahan mobile application and web platform expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Desh parivahan mobile application and web platform and its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Desh parivahan mobile application and web platform.
VI: NOTIFICATION OF CLAIMS OF INFRINGEMENTS
Desh parivahan mobile application and web platform is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Desh parivahan mobile application and web platform together with a request to Desh parivahan mobile application and web platform to delete the relevant Content in good faith in the claims of infringement form.
In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our platform, kindly communicate through the proper authenticated communication.
VII: INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to , and are subject to copyright and other intellectual property rights applicable laws.In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Desh parivahan mobile application and web platform. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Desh parivahan mobile application and web platform reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
VIII: USER SUBMISSIONS
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that Desh parivahan mobile application and web platform is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Desh parivahan mobile application and web platform with respect thereto.
You agree to defend, indemnify and hold harmless Desh parivahan mobile application and web platform, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
X: NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Desh parivahan mobile application and web platform email addresses or through Desh parivahan mobile application and web platform computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time Desh parivahan mobile application and web platform may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Desh parivahan mobile application and web platform email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Desh parivahan mobile application and web platform computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
XI: DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
You acknowledge and agree that Desh parivahan mobile application and web platform shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Desh parivahan mobile application and web platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Desh parivahan mobile application and web platform is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Desh parivahan mobile application and web platform, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
XII: LIMITATION AND TERMINATION OF SERVICE
You acknowledge and agree that Desh parivahan mobile application and web platform may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, or email address through which you have registered. In the event you have more than one account linked through your mobile number, or email address, Desh parivahan mobile application and web platform reserve the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that Desh parivahan mobile application and web platform has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that Desh parivahan mobile application and web platform reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that Desh parivahan mobile application and web platform shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Desh parivahan mobile application and web platform, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Desh parivahan mobile application and web platform believes that you have violated these Terms. Further, you agree that Desh parivahan mobile application and web platform shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination.
XIII: DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW Desh parivahan mobile application and web platform ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. Desh parivahan mobile application and web platform MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. Desh parivahan mobile application and web platform DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Desh parivahan mobile application and web platform WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
XIV: LIMITATIONS OF LIABILITY
IN NO EVENT SHALL Desh parivahan mobile application and web platform ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF Desh parivahan mobile application and web platform HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE Desh parivahan mobile application and web platform SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Desh parivahan mobile application and web platform SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY Desh parivahan mobile application and web platform.Desh parivahan mobile application and web platform MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Desh parivahan mobile application and web platform without restriction. Any assignment or transfer by you shall be null and void.
XVI: ABILITY TO ACCEPT TERMS OF SERVICE
This Platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors, i.e. users under 18 years of age, are only allowed to access the Platform and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is a usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Platform is not intended for children under 13.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS PLATFORM. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parents or legal guardian.
XVII: GENERAL INFORMATION
These Terms and the other policies posted on the Platform constitute the complete and exclusive understanding and agreement between you and Desh parivahan mobile application and web platform and govern your use of the Service and the Platform superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. However, in the event that you are a consumer, it may be that consumer law requires that another law is applicable and that a claim may be submitted to another jurisdiction. The failure of Desh parivahan mobile application and web platform to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.