Please read these terms of use (“Terms”) carefully before using www.babatrucks.com or any other associated and related websites or mobile site and mobile applications (collectively, "BabaTrucks Website/Websites") of BT TECHLABS PRIVATE LIMITED, a Company incorporated under the Companies Act, 2013 having its Registered Office at N-507, C-1/5, Nitika Tower - I, Naniwala Bagh Commercial Complex, Azadpur, New Delhi-110033 ("BabaTrucks") having Company Incorporation Number (CIN) U74999DL2016PTC303569. By using any BabaTrucks Websites, the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") signify Your agreement to be bound by these Terms (“Agreement”).

No information provided on this site shall be considered a substitute for Your independent investigation. These Terms are collectively an electronic record for the purpose of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder. These Terms do not require any digital or electronic signature. You must not modify the paper or digital copies of any materials You have printed of, or downloaded from, the BabaTrucks Websites in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

By using BabaTrucks Websites, you confirm that You accept these Terms and that You agree to comply with them. If You do not agree to these below mentioned Terms, you must not access this site, or access BabaTrucks Websites or any of the Services.

Your Consent

Entire Agreement: These Terms & Conditions available either at Website or entered separately by BabaTrucks with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Website, constitutes the entire agreement (“Agreement”) between BabaTrucks and You.

You acknowledge and agree that Your usage (defined below) of the Website are strictly regulated and governed by the terms and conditions of this Agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

Links to Third Party Websites

BabaTrucks Websites may contain links to other websites ("Linked Sites"). Linked Sites are not undercontrol of BabaTrucks and BabaTrucks will not be responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BabaTrucks is not responsible for any form of transmission received from any Linked Site. BabaTrucks may provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by BabaTrucks of the Linked Site or any association with its operators. Always use caution when giving out any personally identifiable information about Yourself or Your children in any communication service.

Eligibility / Authorized Use

If You are preferring to avail Services using the BabaTrucks Websites, then You further warrant that You have the requisite legal competency / authority to enter into a binding Agreement for entering into any binding legal contract for the said Services. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use BabaTrucks Websites. If You are registering as a business entity, you represent that You have the authority to bind the entity to these Terms. If You are below 18 years of age, please get Your parent/guardian to read and accept these Terms before You access the BabaTrucks Websites. Also, do not give Your or their name, address, phone number or email address without their permission. You agree to be financially responsible for all of Your use of the Services (as well as for use of Your account by others, including without limitation minors living with You). You agree to supervise and be responsible for all usage of minors of the Services under Your name or account. You also warrant that all information supplied by You or members of Your household in using the Services, including without limitation Your name, email address, street address, telephone number, credit card number and that all the information submitted by You is true and accurate. Failure to provide accurate information may subject You to civil and criminal penalties.

Services

BabaTrucks provides a platform to the Users of Website and acts as an Intermediary. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by BabaTrucks and who wants to explore the more options before concluding their transactions. Among other services and information, BabaTrucks may provide any or all the below listed services to the Users:

All the above listed services are provided at the sole discretion of BabaTrucks, and You acknowledge and agree that BabaTrucks can add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.

Audit

BabaTrucks at all times reserves its right, but not an obligation, to audit the Content, User Content, features available on Website or any other material or information posted/uploaded by the User. If at any time, in sole discretion of BabaTrucks, BabaTrucks determines that any Content/User Content or any other material or Feature of the Website is in contravention of any law for the time being in force or spirit of the terms and conditions of this Agreement or violates the privacy of any person, then BabaTrucks may either remove or edit or block such material without any notice.

Though BabaTrucks does not pre-screen the User Content, yet that BabaTrucks and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the Website.

Notwithstanding the above-said right, you acknowledge and understand that all User Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that You, and not BabaTrucks, are entirely responsible for all User Content that you have provided BabaTrucks with, in order to upload, post, transmit or otherwise make available via the Website. You further acknowledge and agree that these User Content does not necessarily reflect the views of the BabaTrucks nor BabaTrucks endorse any such User Content.

Further to this it is informed that BabaTrucks may share the information pertaining to such instance (with or without demand) with Government agency f or the purpose of verification of identity of User, or for prevention, detection, investigation, prosecution and punishment. Therefore, it is advised to You that You should not involve in any such activities or use which violate any applicable law, rules, regulation or breach the terms and conditions of this Agreement.

Buyers

Any User, who buy products after visiting Our Website (“Buyer”), does so solely at his own discretion, risk and responsibility. BabaTrucks does not make any recommendations nor gives any warranty (implied or express), guarantee or otherwise with respect to the quality, functionality, fitness for a particular purpose.

You acknowledge and agree that details available on the Website is available only for information purpose. You further acknowledge and agree that any information including actual price of any product may vary from the price listed on our Website and therefore You shall alone, and not BabaTrucks, be responsible to for any such changed pricing, any additional cost, if incurred by the Buyer or any other information.

BabaTrucks may from time to time, launch certain offers/coupons/deals (“Scheme”) for promotion of Website and User engagement. As a Buyer, you acknowledge and agree that you shall strictly abide by the terms and conditions of the Scheme, as applicable, which shall be in addition to this Agreement.

It is clarified that any Scheme provided by the BabaTrucks, unless otherwise provided, shall not be clubbed or combined with any other scheme available on Website. Further to this, BabaTrucks, depending upon the different circumstance, may suspend/cancel/vary the Scheme without any notice. When Buyer buys any product after visiting the Website, Buyer shall alone be responsible to complete the documentation part as per applicable laws and BabaTrucks shall not be responsible for any consequences (including without limitation delay in delivery of product, cancellation of transaction, incomplete or improper documentation) whatsoever.

If Buyer requires certain additional services in relation to a product such as warranty, installation, after-sales services, Buyer shall contact the seller/dealer, who has sold the product to the Buyer. BabaTrucks is not and shall not be obliged to provide any such additional services. BabaTrucks only provide a platform to facilitate the engagement of Buyer and Seller, and thus in no way provides or responsible for extending such additional services.

BabaTrucks strongly advises you not to test the Website with false purchases request, as it may put you at substantial personal legal risk. It is a crime to use a false name, other false personal information to buy. Wilfully entering erroneous or fictitious purchase request may result in prosecution by BabaTrucks and/or Seller. Please be aware that even if you do not give BabaTrucks, your real name, your web browser transmits a unique address to Us, which can be used by law enforcement officials to identify You.

Electronic Communication

You may take note of that BabaTrucks shall contact You and may send You best offers and/or related communications including promotional offers on You given email address and may contact You on You other contact numbers. Therefore, by availing our Services You hereby provide Your consent and allow BabaTrucks to communicate with You on the given contact information and share with You the promotional and other offers.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between You and BabaTrucks as a result of these Terms. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of BabaTrucks right to comply with governmental, court and other applicable laws.

If any part of these Terms is determined to be invalid or un-enforceable pursuant to applicable law (including, but not limited to, the warranty disclaimers and liability limitations set forth herein), then such invalid or un-enforceable provision shall be superseded by a provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

You may access and use the BabaTrucks Website and the Services either as a registered User or as a guest User. However, not all sections of the BabaTrucks Websites and Services will be accessible to guest Users.

Your Account and Registration Obligations

Registered Users

BabaTrucks makes certain sections of the Services available to You through the BabaTrucks Websites only if You have provided BabaTrucks certain required user information and have created an account and have a BabaTrucks ID through certain log-in ID and password ("Account"). You can create Your Account on the Website by logging in Your 1.) third party website user ID viz. Facebook, Google, Yahoo id etc. or any other user id as permitted on the BabaTrucks Websites and 2.) password. BabaTrucks ID and/or other third-party login identification as provided above are individually and collectively referred to the "Account Information".

In the event that You register as a User by creating an Account in order to avail the Services provided by the BabaTrucks Websites, you will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur through Your account. You agree to (a) immediately notify BabaTrucks of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. BabaTrucks cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by BabaTrucks or any other User of or visitor to the BabaTrucks Websites due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is true, correct, complete, accurate and up-to-date. Use of another User's Account Information for availing the Services is expressly prohibited.

If You provide any information that is not correct, true, inaccurate, not current or incomplete (or becomes not true, inaccurate, not current or incomplete), or BabaTrucks identifies and/or has reasonable grounds to suspect that such information is not true, inaccurate, not current or incomplete, BabaTrucks has the right to suspend or terminate Your account and refuse any and all current or future use of the Website/ Services (or any portion thereof).

In case You prefer to avail and/or are provided an access to specific services and/or offers then the said services and/or offers shall be subject to the respective terms and conditions, notified from time to time at the sole discretion of BabaTrucks.

Guest Users

The BabaTrucks Website also allows limited access to the Services for unregistered Users (also called as 'Guest Users'). Such Users will be able to browse the Website and use the Services for the purpose of such limited access. However, you will not be provided the access to certain benefits reserved only for the purpose of Registered Users. These benefits may change from time to time at the sole discretion of BabaTrucks without any prior notice. Depending upon whether You are a seller or a buyer or another User who otherwise wishes to use the Website, and the nature of Services You wish to avail from the Website, you may be required to provide certain personal information and BabaTrucks may collect certain personal information. Your provision of, and BabaTrucks collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Privacy Policy of BabaTrucks.

Information Sharing and Disclosure

BabaTrucks will not sell or rent your personally identifiable information to anyone. BabaTrucks will send personally identifiable information for commercial purpose when: BabaTrucks has consented to share the information, BabaTrucks will need to share Your information to provide the Service requested by You, BabaTrucks responds to subpoenas, court orders or legal process. If BabaTrucks finds that Your action on the website violates BabaTrucks terms and conditions or any of Your usage guidelines for specific Services or any laws prevailing in India, BabaTrucks shall initiate appropriate legal proceedings by taking recourse to all remedies available to it in law and as per the Terms and other agreements.

Liability Disclaimer

The information, Services included in or available through the BabaTrucks Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BabaTrucks may make improvements and/ or changes in the BabaTrucks Websites at any time. BabaTrucks makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the BabaTrucks Websites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind.

BabaTrucks hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall BabaTrucks be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the BabaTrucks Websites, with the delay or inability to use the BabaTrucks Websites or related Services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BabaTrucks Websites, or otherwise arising out of the use of the BabaTrucks Websites, whether based on contract, tort, negligence, strict liability or otherwise, even if BabaTrucks or any of its suppliers has been advised of the possibility of damages. If You are dissatisfied with any portion of the BabaTrucks Websites, or with any of these Terms, your sole and exclusive remedy is to discontinue using the BabaTrucks Websites.

Intellectual Property

You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, Services obtained from any BabaTrucks Websites - directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. BabaTrucks will not be held liable for any delays, errors or omissions therefrom, or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.

Copyrights

All content included in BabaTrucks Websites, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is/ are the sole property/ proprietary of BabaTrucks and protected copyright.

You may use the website content for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the BabaTrucks Websites without the Company’s prior written authorization is prohibited.

No unlawful or prohibited use

You warrant to BabaTrucks that You will not use the BabaTrucks Websites for any purpose that is unlawful, illegal or prohibited by these Terms. You shall not use the BabaTrucks Websites in any manner, which could damage, disable, overburden, or impair the BabaTrucks Websites or interfere with any other party's use and enjoyment of the BabaTrucks Websites. You shall not obtain or attempt to obtain any materials through any means not intentionally made available or provided for through the BabaTrucks Websites.

Indemnification and Limitation of Liability

Indemnity:: You agree to indemnify, defend and hold harmless BabaTrucks, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "Indemnified Parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Content / User Content / Third Party Content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

BabaTrucks may notify You of any claims which You shall be liable to indemnify BabaTrucks against. You will then be required to consult with BabaTrucks regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of BabaTrucks without the express prior written consent of BabaTrucks which can be withheld or denied or conditioned by BabaTrucks in its sole discretion.

Limitation of Liability: BabaTrucks assumes no liability whatsoever for any monetary or other damage suffered by You on account of:

(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website.

Notwithstanding anything to contrary in the Agreement(s), in no event shall BabaTrucks, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BabaTrucks has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services, Content, User Content or Third Party Content.

BabaTrucks entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to BabaTrucks under the relevant order to which the cause of action for the liability relates.

User Comments

The Company does not assume any obligation to monitor the information that Users post / may post on the Site. You warrant that any and all information, projects, files or other attachments sent to us ('User Material') or comments other than personal data, which you may transmit to the Company through the Site, does not infringe intellectual property rights or any other applicable laws. Such information, material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such information, material or comments, including any underlying idea, concept or know-how. The Company reserves the right to use such information, in any way in its sole discretion.

Modifications of these terms of use

BabaTrucks reserves the right to change the terms, conditions, and notices under which BabaTrucks Websites are offered, including but not limited to the charges associated with the use of the BabaTrucks Websites. You are responsible for regularly reviewing these terms and conditions.

Language and display

BabaTrucks do not intend to or have displayed and/ or used any language, which hurt the sentiments of any person nor intend to or have displayed anything, which would have or deemed to be defamatory in nature. If You feel any language or display as derogatory then You may contact us and write to our customer care. Nevertheless, BabaTrucks do not own any kind of claim of such nature in case any such query is raised against BabaTrucks Websites, then BabaTrucks reserve all rights to defend itself against any such claims.

Dispute resolution

You may write to BabaTrucks for any issues arising out of the usage of BabaTrucks Websites on customer care and BabaTrucks shall make all efforts to support You to resolve the same. However, BabaTrucks do not own any responsibility for any such issues and in case of any dispute arising out of the same by You against BabaTrucks then the same shall be referred to an Arbitrational Tribunal consisting of a Sole Arbitrator to be appointed by BabaTrucks and whose decision shall be final and binding. The venue of arbitration shall be New Delhi and language shall be English. By using the BabaTrucks Websites, you provide consent for this clause as well.

Governing Laws

This Agreement shall be governed by the laws of India. By using the BabaTrucks Websites, you hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India, irrespective of Your point of access to the BabaTrucks Websites. Use of BabaTrucks Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation to this paragraph.

Grievance redressal

In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of BabaTrucks for the purpose of this Agreement shall be:

Grievance Officer Name:

Mr. Vidit Jain

Email Address: grievanceofficer@babatrucks.com

Note: