Terms of Use
OVERVIEW
These Terms of Use (“Terms”) govern your access and use of the application, website, platform, content, and services (collectively, the “Services” or “Platform”) provided by SemiCab (“we”, “us”, “our”, or “Company”).
You acknowledge and agree that your use of the Services to obtain or provide transportation services of commodities does not establish SemiCab as a provider of such transportation services. SemiCab is acting as a non-asset logistics broker and principal transporter utilizing proprietary predictive algorithms in arranging for transportation services, and is not and shall not be considered a transportation carrier as defined by the Federal Motor Carrier Safety Administration (FMCSA) and/or the Indian Motor Vehicles Act, as applicable. Furthermore, Carriers remain solely responsible for compliance with all applicable laws relating to vehicle ownership, permits, fitness, insurance, driver qualifications, safety, cargo handling, and transportation operations. SemiCab provides technology-enabled marketplace and logistics coordination services and exercises no operational control over Carrier personnel, fleets, or physical transportation methods.
The Services are not tailored to comply with industry-specific regulations outside of commercial freight and transportation (such as Health Insurance Portability and Accountability Act (“HIPAA”), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (“GLBA”).
For the purposes of these Terms, the individual or entity receiving such information or utilizing the Services shall be referred to as the “User” or “you”.
ACCEPTANCE OF TERMS OF USE
The use of our Services is subject to your compliance and acceptance to these Terms of Use. The User also agrees to our Privacy Policy and acknowledges that the User will regularly visit the Terms of Use to familiarize themselves with any updates. The Privacy Policy, together with these Terms of Use, documents and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use” or “Terms” and govern User access to and use of our Platform, whether as a guest or a registered User.
In order to register on this Platform, and/or use of any Services offered by the Company, the User is required to accept these Terms in their entirety.
The term "using" also includes any person or entity that accesses or uses the Platform with crawlers, robots, data mining or extraction tools or any other functionality.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE OR PURCHASE ANY SERVICES OFFERED THROUGH THE PLATFORM.
These Terms of Use are organized as follows:
OWNERSHIP OF THE PLATFORM
The Platform, any content on the Platform and the infrastructure used to provide the Services are proprietary to us, our affiliates and other content providers. By using the Platform and accepting these Terms of Use:
We grant the User a limited, personal, non-transferable, nonexclusive, revocable license to use the Services and Platform pursuant to these Terms of Use and to any additional terms and policies set forth by us; and
You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, products or Services obtained from or through the Platform without the express permission of the Company.
TERRITORY
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent applicable. The Company makes no representations that the Services are appropriate or available for use in other locations. Since the Company serves global traffic, your contracting entity, governing law, and dispute resolution venue are determined by your geographical location or where the freight services are performed:
North American Operations: Users procuring or providing freight services within the United States contract with SemiCab, Holdings, LLC, headquartered at 800 Battery Avenue SE, Suite 100, Atlanta, Georgia 30339, USA.
Indian Operations: Users procuring or providing freight services within India contract with SMCB Solutions Private Limited (CIN: U74999KA2018FTC119866), registered at First Floor IndiQube South Summit situated at S End Rd Vijayarangam Layout Jayanagar, Bangalore South, Bangalore Urban, Karnataka-560004
MODIFICATION
We reserve the right at all times to discontinue or unilaterally modify/revise/alter/delete any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Platform or our Services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice. If you do not agree to the changes, you may close your account and you should not use the Platform or any Services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes and that your continued use of the Platform or our Services will constitute acceptance of these changes and the Terms of Use as modified.
ELIGIBILITY
The User represents, acknowledges and agrees that the User is at least 18 years of age (and holds a valid commercial driver's license if operating as a carrier driver), and that:
All registration information submitted is truthful and accurate;
User shall at all times, maintain the accuracy of such information.
In case it is discovered that the User is in violation of the Terms, then his/ her registration will be cancelled with immediate effect without any monetary payment as suggested in these Terms herein below.
Company does not knowingly and/or unknowingly collect information of minors.
PLATFORM VERIFICATION AND COMPLIANCE DOCUMENTATION
The Company reserves the right, but not the obligation, to request, review and verify User compliance documentation at any time. This includes, but is not limited to, commercial driver’s licenses, operating authorities, insurance certificates, vehicle registrations and safety ratings, vehicle fitness certificates, pollution certificates etc. Furthermore, the Company reserves the right to monitor User activity on the Platform to ensure compliance with these Terms, detect fraudulent usage and protect system integrity. The Company’s exercise of these verification rights is strictly for Platform administration and marketplace security, and shall not be construed as the Company assuming any duty to ensure Carrier compliance with applicable transportation laws or exercising control over Carrier operations.
PRIVACY POLICY
To help us to constantly improve our Services and understand the needs of our Users, the Company may implement software on its Platform that enables us to track information about the nature of usage and navigation through these sites. The Company may also record your IP address and information such as your browser type and operating system, which enables us to learn about the geographical distribution of our Platform’ visitors and the technology they use to access our Services.
Company’s Privacy Policy is available at https://semicab.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use by reference.
If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States and India, then through your continued use of the Services, you are expressly consenting to transferring to and processing of your data in the United States and India, as necessary to provide the Services.
Your device location information may constitute Customer Proprietary Network Information (CPNI) under applicable telecommunications laws. By opting into location services, you authorize your cellular provider to disclose your location information to the Company and its third-party service providers to offer load tracking and ETA information. You acknowledge and agree that: (1) your relationship with the Company is separate from your relationship with your cellular provider; (2) your cellular provider is not responsible for the Platform or Services; and (3) you will hold harmless your cellular provider and its subsidiaries from any claims, actions, or losses arising from or attributable to your use of the Platform.
7. USE OF THE PLATFORM
(a) As a condition of your use of the Platform, you agree that:
You will not attempt to use the Platform with crawlers, robots, data mining or extraction tools or any other functionality;
You will not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Platform;
You will not make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Platform;
Your use of the Platform will at all times comply with these Terms of Use;
You will adhere to strict, mutually agreed transit times.
You will not engage in unauthorized transshipment of goods unless in documented emergency scenarios.
You will update and correct information you have submitted to the Platform and ensure that it is accurate at all times (out-of-date information will invalidate your account).
(b) Platform Roles
The Platform provides registered entities or individuals utilizing the Platform to arrange for the transportation of their goods or commodities (“Shippers”) access to a marketplace of independent motor carriers or transportation providers utilizing the Platform to accept and transport freight (“Carriers”). Through the Services, a Shipper can track their shipments from pick-up to drop-off and retrieve reporting and analytics to efficiently manage freight. Carriers utilizing the Services can view available shipments, receive upfront rate details, accept placement SLAs, and book shipments.
ACCESS TO THE PLATFORM
The Company retains the right, at our sole discretion, to deny Service or use of the Platform or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or User account may be unavailable from time to time. The User understands and agrees that there may be interruptions in Service or events, Platform access or access to account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We reserve the right to withdraw or amend the Platform, and any Service we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
9. USER ACCOUNT, PASSWORD, AND SECURITY
The Platform registration process enables a User to access the Services. It is the sole responsibility of the User to maintain the confidentiality of the user ID and password received upon completion of the registration. Users are also responsible for any activity occurred under the account and are thus advised to make sure to exit at the end of each session to prevent unauthorized access of your account or breach of security. The Company shall not be responsible for any loss or damage emerged if the User fails to obey the Terms. User is responsible for the validity of account information provided during the Platform registration process. In case of submission of untrue, incomplete or inaccurate information, the Company has the end rights to suspend or terminate User account.
YOUR ACCOUNT
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person
Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion.
If your account is cancelled, we may forfeit any pending, current or future account credits, and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.
Company reserves the right to disclose any information that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Company or in connection with an investigation of fraud, intellectual property infringement, piracy, or any other unlawful activity.
USER CONTENT AND CONFIDENTIALITY
The Services may require you to submit, upload, transmit, or display operational data and documents to facilitate freight transactions, including but not limited to load requirements, Proof of Delivery (POD) documents, condition checklists, photographs (e.g., vehicle seals, goods condition), shipment status updates, and operational communications (collectively, “User Content”). While your User Content is treated in accordance with the Non-disclosure and Privacy Policy provisions set forth in these Terms, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, transmit, and display such User Content as necessary to perform the Services, and process related billing. When you create or make available any User Content on the Platform, you hereby represent and warrant as under:
The creation, distribution, transmission, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your User Content in any manner contemplated by the Services and these Terms of Use;
Your User Content is not false, inaccurate, or misleading;
Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined in our reasonable discretion;
Your User Content does not violate the privacy or publicity rights of any third party. Your User Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.
Each party may furnish the other party with certain confidential information, defined as any information of a confidential or proprietary nature (including, but not limited to, pricing algorithms, freight network data, and routing strategies) that is not generally known to the public (“Confidential Information”). The parties agree to hold each other’s Confidential Information in strict trust and not to disclose it to any non-party, except the parties’ respective employees, agents, and representatives who are on a “need to know” basis and who agree to be bound by these obligations. The obligations of confidentiality shall not attach when such information: (i) was in the public domain at the time of communication; (ii) entered the public domain through no fault of the recipient; (iii) was independently developed by the recipient; or (iv) is required to be disclosed by court or government order, provided the disclosing party is given prior notice.
USER CONDUCT
All interactions on the Platform must comply with these Terms of Use. To the extent conduct of the User, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Platform, we may limit or terminate User privileges on the Platform and seek other remedies, including, without limitation, cancellation of User account or forfeiture of any forms of unredeemed value in the account of the User.
The following activities are prohibited on the Platform and constitute violations of these Terms of Use:
(a) Submitting any content to the Platform that:
Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
Contains personal information, except when we expressly ask you to provide such information;
Contains viruses or malware;
Offers unauthorized downloads of any copyrighted, confidential or private information;
Has the effect of impersonating others;
Is purposely inaccurate, commits fraud or falsifies operational information or to account information to create multiple accounts; or
Is protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.
(b) Attempting to do or actually doing any of the following:
Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Scanning or monitoring the Platform for data gathering purposes;
Scanning or testing the security or configuration of the Platform or breaching security or authentication measures; or
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Platform.
(c) Collecting any of the following:
Content from the Platform, including, without limitation, in connection with current or previously offered loads, freight matching networks, or pricing, and featuring such content to third parties in any manner that diverts traffic from the Platform without our express written permission; or
Personal Information (defined in our Privacy Policy) or operational content of any users.
(d) Engaging in any of the following:
Tampering or interfering with the proper functioning of any part, page or area of the Platform or any functions or Services provided by the Company;
Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Reselling or repurposing your access to the Platform;
Deep-linking to any portion of the Platform without our express written permission;
Hyperlinking to the Platform from any other website without our initial and ongoing consent; or
Acting illegally or maliciously against the business interests or reputation of the Company or our Services.
PAYMENTS
[a) Fees and Charges
User agrees to pay all fees, charges, subscription amounts, transaction fees, freight-related charges, service fees, penalties, taxes, and any other amounts applicable to the use of the Platform and/or Services (“Fees”), as may be specified by Company from time to time or as agreed separately between the User and Company.
(b) Payment Authorization
By providing payment details or using any payment method on the Platform, the User represents and warrants that:
it is duly authorized to use such payment method;
all payment information provided is accurate and complete; and
Company is authorized to charge the applicable Fees to such payment method.
(c) Billing and Payment Terms
Unless otherwise agreed in writing:
all Fees shall be payable in the currency specified by Company;
invoices shall be due and payable within the timeline specified in the applicable invoice or order confirmation;
Company may issue invoices electronically; and
the User shall make payments without deduction, withholding, set-off, or counterclaim except where required by applicable law.
(d) Taxes
All Fees are exclusive of applicable taxes, duties, levies, withholding taxes, or governmental charges unless expressly stated otherwise. The User shall be responsible for payment of all such applicable taxes in connection with its use of the Platform and Services.
(e) Late Payments
If any payment is not received by the due date, Company reserves the right to:
charge interest on overdue amounts at the rate of 18% per annum or the maximum rate permitted under applicable law, whichever is lower;
suspend or restrict access to the Platform and/or Services;
withhold processing, confirmations, or execution of transactions; and/or
recover all reasonable costs incurred in collection of overdue amounts.
(f) Third-Party Payment Processors
Payments made through the Platform may be processed by third-party payment service providers. Company shall not be responsible for any delay, failure, security breach, unauthorized transaction, or error attributable to such third-party payment processors, banks, or financial institutions. You also understand and acknowledge that Company only facilitates the third-party payment gateway for processing of payment. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider.
(g) No Refunds
Except as expressly stated otherwise in these Terms, in a separate written agreement, or as required under applicable law, all payments made to Company are non-refundable and non-cancellable.
(h) Disputed Charges
Any dispute relating to an invoice or charge must be notified to Company in writing within seven (7) days from the date of invoice, failing which the invoice shall be deemed accepted and undisputed.
(i) Modification of Fees
Company reserves the right to revise or modify its Fees including in accordance with Section 13 (Operational Charges and Adjustments), pricing structure, subscription plans, or payment terms at any time upon prior notice to the User. Continued use of the Platform after such revision shall constitute acceptance of the revised Fees.
(j)Suspension and Termination for Non-Payment
Company may suspend or terminate the User’s access to the Platform and/or Services in the event of non-payment, repeated payment failures, suspected fraudulent transactions, chargebacks, or breach of these payment terms, without prejudice to any other rights or remedies available to SemiCab.
You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction. You can file any complaint related to payment transfer at Platform and the same shall be forwarded to the concerned third-party payment gateway provider for redressal.
The Company is not liable for any taxes on your behalf.
As applicable, the User is responsible for ensuring that its use of the Platform or Services to store or process credit card data complies with applicable Payment Card Industry Data Security Standards (“PCI DSS”) requirements, and the User shall not store credit card and social security data in the Platform except in the designated encrypted fields for such data. During the Term, the Company shall maintain PCI DSS compliance for those portions of the Platform that are designated by the Company as being designed to store and process credit card data. Any changes made to the Platform or Services by the User or at the User’s direction may affect the User’s compliance with PCI DSS requirements, and the User shall be solely responsible for ensuring that any such changes are compliant with PCI DSS requirements.
OPERATIONAL CHARGES AND ADJUSTMENTS
(a) Fuel Surcharge Mechanism (FSM)
Freight rates and transportation charges may be subject to adjustment pursuant to a fuel surcharge mechanism (“FSM”) linked to fluctuations in diesel or fuel prices published by the relevant governmental authority or recognized public index. Any increase or decrease beyond the prescribed fluctuation threshold determined by Company may result in a corresponding revision to applicable charges, which shall be reflected in the relevant invoice or order confirmation.
(b) Detention and Demurrage Charges
Users shall ensure timely loading, unloading, documentation, and release of vehicles within the prescribed free time communicated by Company or the relevant carrier. Any delay attributable to the User beyond such free time may attract detention, demurrage, waiting, parking, storage, or related charges at the rates notified by Company from time to time, which shall be payable by the User without dispute or deduction.
Performance-Linked Commercial Deductions
(c) Where applicable, Company may implement performance-linked deductions, penalties, or service credits in relation to operational failures, including vehicle non-placement, shipment cancellation, transit delay, delivery failure, documentation discrepancies, or other agreed service-level deviations. Such deductions shall constitute genuine pre-estimated liquidated damages and not penalties, and may be adjusted against invoices, payouts, or other amounts payable.
INTELLECTUAL PROPERTY RIGHTS
(a) Ownership of Platform and Intellectual Property
All rights, title, and interest in and to the Platform, including the website, software, algorithms, source code, object code, APIs, databases, workflows, user interfaces, designs, trademarks, logos, trade names, service marks, business processes, documentation, content, analytics, reports, compilations, and all related intellectual property rights therein (collectively, the “Platform IP”) are and shall remain the exclusive property of the Company, its affiliates, licensors, or authorized third parties.
(b) Limited License to Use
Subject to compliance with these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for lawful business purposes and strictly in accordance with these Terms. No rights are granted to the User other than those expressly set forth herein.
(c) Restrictions
The User shall not, directly or indirectly:
copy, reproduce, distribute, modify, adapt, translate, create derivative works from, or commercially exploit the Platform or Platform IP;
reverse engineer, decompile, disassemble, decode, or attempt to derive the source code or underlying ideas, structure, or algorithms of the Platform;
remove, obscure, or alter any proprietary notices, trademarks, or copyright notices;
use any automated tools, bots, crawlers, scrapers, or similar technologies to access or extract data from the Platform; or
use the Platform in any manner that infringes, misappropriates, or violates the intellectual property or proprietary rights of the Company or any third party.
(d) User Content and Data
The User retains ownership of data, information, documents, shipment details, communications, or other materials uploaded or submitted by the User to the Platform (“User Content”). The User grants the Company a worldwide, non-exclusive, royalty-free license to host, use, reproduce, process, transmit, store, analyze, and display such User Content solely for:
providing and improving the Services;
operational and platform administration purposes;
analytics, fraud prevention, compliance, and security; and
fulfilling legal and regulatory obligations.
creating anonymized and aggregated datasets.
Notwithstanding anything to the contrary, once User Content is systematically anonymized and aggregated such that it can no longer reasonably identify the User, any individual or any specific underlying transaction, it shall cease to be considered User Content. The Company shall own all right, title and interest in such anonymized data and may use it for any lawful business purpose, including but not limited to publishing industry trends, producing external benchmarks and algorithmic modelling.
(a) Feedback
Any suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback provided by the User relating to the Platform or Services may be freely used, implemented, modified, and exploited by the Company without restriction or obligation of compensation to the User.
(b) Trademark Rights
All trademarks, logos, trade names, brand identifiers, and service marks displayed on the Platform are the property of the Company or their respective owners. Nothing contained in these Terms grants the User any right or license to use such marks without prior written consent of the applicable owner.
(c) Intellectual Property Infringement
If the User believes that any content or material available on the Platform infringes its intellectual property rights, the User may notify the Company with reasonable supporting details. The Company reserves the right to remove or disable access to allegedly infringing material and take any action deemed appropriate under applicable law.
(d) Reservation of Rights
All rights not expressly granted under these Terms are reserved by the Company and its licensors. No implied licenses shall be created by implication, estoppel, or otherwise.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Company harmless, including Company’s subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Services; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or privacy rights; (6) Any bodily injuries, property damage, or death resulting from your driving of a vehicle, operation of equipment, or transportation of a shipment while using the Services; or (7) Your violation of any applicable regional transportation laws or global anti-corruption laws. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
DISCLAIMER OF WARRANTIES AND LIABILITY
(a) THE PLATFORM AND ALL CONTENT AND OTHER INFORMATION CONTAINED ON THE PLATFORM, SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM.
(b) WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT OR OTHER INFORMATION CONTAINED ON THE PLATFORM OR THE SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE USER AGREES THAT USE OF THE PLATFORM OR THE SERVICES IS AT THE RISK OF THE USER
(d) No representations, warranties or guarantees whatsoever are made by Company as to the:
accuracy, adequacy, reliability, completeness, suitability or applicability of the Platform’s information to a particular situation;
legal title, creditworthiness, identity etc. of any of the User.
that the Service will be uninterrupted, timely, secure, or error-free;
the quality of any Services, content, information, or other material on the Platform will meet your expectations or requirements;
any errors in the Platform will be corrected;
warranties against infringement of any third-party intellectual property or proprietary rights; or
other warranties relating to performance, non-performance, or other acts or omissions of Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company is not responsible or liable for, nor does the Company endorse or guarantee the accuracy, integrity, or quality of, any third-party content, external compliance databases, telematics integrations, or accompanying materials accessed in the course of using the Services.
(e) YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY
In no event shall the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) be liable, at any time for any direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of profits, revenue, data, or business interruption) arising out of or in any way connected with the use of the Platform or the Services, whether based on contract, tort, strict liability, or other theory arising out of, related to, or in connection with any of the following: (a) your use of the Platform, the content, including, without limitation, any personal information, and any other information either contained in the Platform or submitted by you to the Platform; (b) your inability to use the Platform; (c) modification or removal of content submitted on the Platform; (d) offerings, Services available on the Platform and purchased from the Platform; (e) breach of these Terms of Use; or (f) any improper use of information you provide, including, without limitation, any personal information or operational data.
THE TOTAL AGGREGATE LIABILITY OF THE COMPANY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT EQUAL TO THE AGGREGATE FREIGHT FEES PAID BY THE USER FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.
ELECTRONIC COMMUNICATIONS
When the User uses the Platform or sends emails to the Company, the User is communicating with the Company electronically and consents to receive electronic communications related to use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.
You represent that you are the account holder for the mobile telephone number you provide to the Company. You must notify the Company immediately if you change your mobile telephone number. You agree to indemnify, defend, and hold the Company harmless against any and all claims, expenses, and damages related to or caused in whole or in part by your failure to notify the Company of a changed number, or by your providing consent for a mobile number that is not yours. Message and data rates may apply.
20. THIRD PARTY LINKS AND INTEGRATIONS
The Platform or the Services may contain links, software integrations or pointers to other third-party platforms like websites, applications, or services. You should not infer or assume that Company operates, controls, or is otherwise connected with these third-party platforms.
When you click on a third-party link within the Platform, the Company may not warn you that you have left the Platform. At that point, you are subject to the terms and conditions (including privacy policies) of that specific third-party platform. Please be careful to read the terms of use and privacy policy of that platform before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another platform.
The Company is not responsible or liable to you for the content or practices of any other platform even if it links to the Platform and even if the Platform is operated by Company affiliated or otherwise connected with Company.
We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of such websites. If the User decides to access websites maintained by other parties, the User does so at his/her own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked website or resource.
21. GENERAL TERMS
(a) Relationship: None of the provisions of the Terms shall be deemed to constitute a partnership, joint venture or agency between the User and the Company and the User shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement, unless the contrary is stated.
(b) Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity without notice or consent.
(c) Force Majeure: Neither the Company nor the User shall have any liability for any interruption or delay, to access the Platform due to Force Majeure Event. For the purposes of this clause, “Force Majeure Event” means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the person affected thereby and which causes or results in default or delay in performance by such affected person of any of its obligations under this agreement and includes but is not limited to an act of God, war, hostilities, civil commotion, strikes, lockouts, closure due to epidemics and / or pandemics, and other industrial disputes, error or disruption to major computer hardware or networks or software failures; or other causes beyond the reasonable control of the Company.
(d) Applicable Law: The governing law of these Terms shall depend on your contracting entity:
North American Operations: These Terms shall be governed by and construed in accordance with the laws of the State of ___________, Georgia, without regard to its conflict of law principles. Courts in Atlanta, Georgia shall have exclusive jurisdiction.
Indian Operations: These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles and the courts at Bengaluru, Karnataka shall have exclusive jurisdiction.
(e) Dispute Resolution: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
North American Operations: The Dispute shall be commenced and conducted by a sole arbitrator underin accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The seat and venue of the arbitration will be __________ Atlanta, Georgia.
Indian Operations: The Dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the Parties. The seat and venue of the arbitration shall be Bengaluru, Karnataka. The language of the arbitration proceedings shall be English.
(f) Survival: Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of your account or use of the Services.
(g) Non-Waiver: Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
(h) Entire Agreement: These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
(i) Harmonious Interpretation: In the event that the User and the Company enter into a separate agreement governing the provision of specific Services or access to the Platform, these Terms of Use and the separate agreement shall, to the maximum extent possible, be construed harmoniously. However, in the event of any inconsistency or conflict between the provisions of these Terms of Use and the separate agreement, the terms of the separate agreement shall prevail to the extent of such inconsistency or conflict, and these Terms of Use shall be read harmlessly so as not to invalidate the provisions of the separate agreement.
DISCLAIMER
Any and all Services provided to you would be based upon the information provided by you on the Platform and otherwise communicated to the Company. In the event that any material information is concealed, misrepresented, omitted, or partially disclosed (including, but not limited to, inaccurate cargo weights, incorrect dimensions, misrepresented commodity types, or failure to declare hazardous materials), the Company shall not be liable for any resulting loss, damage, transit delays, rejected loads, or regulatory fines.
Furthermore, you acknowledge and agree that you shall be strictly liable to indemnify and hold the Company harmless for any losses, damages, or third-party claims incurred by the Company arising out of such non-disclosure or misrepresentation, in accordance with the Indemnification provisions set forth in these Terms.
FOR SUPPORT CONTACT US AT:
North America:
SemiCab Holdings, LLC
800 Battery Avenue SE, Suite 100
Atlanta, Georgia 30339, USA
Email: info@semicab.com
Phone: __________________
India:
SMCB Solutions Private Limited
First Floor IndiQube South Summit situated at S End Rd Vijayarangam Layout Jayanagar, Bangalore South, Bangalore Urban, Karnataka-560004
Email: info@semicab.com
Phone: +91 9187978070