TERMS OF SERVICE
Last updated January 19, 2024, 13:36:20
We are Loading Walla, doing business as LW ('Company', 'we', 'us', or 'our'), a company registered in India at Saket , 21/B, New Delhi, Delhi - 110030.
We operate the website https://loadingwalla.com (the 'Site'), the mobile application Loading Walla (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
Loading Walla is your one-stop solution for seamless connections between load owners and lorry owners. Launched in 2022, Loading Walla revolutionizes the transporting business by providing a comprehensive platform that streamlines every aspect of the process.
You can contact us by phone at 110-465833494, email at info@loadingwalla.com, or by mail to Saket , 21/B, New Delhi, Delhi 110030, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Loading Walla, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@loadingwalla.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
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 local laws are applicable.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws). The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
Your registration info is true and up-to-date.
You have the legal capacity and comply with our terms.
You are not a minor in your jurisdiction.
No automated or non-human means will access the Services.
Services won't be used for illegal purposes.
Your usage complies with applicable laws.
Providing inaccurate info may lead to account suspension or termination.
Registration is necessary to access Loading Walla services. Although there's no need for a password, you'll use your phone number and OTP for login. Ensure the confidentiality of your phone number. We reserve the right to modify or reclaim usernames deemed inappropriate or objectionable at our discretion.
We accept the following forms of payment:
We use Razor Pay for payments and wallet storage. We reserve the right to correct errors, refuse orders, and limit quantities per person.
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Loading Walla shall not assume responsibility or liability systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Loading Walla shall not assume responsibility or liability for trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Loading Walla shall not assume responsibility or liability for circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Loading Walla shall not assume responsibility or liability for disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Loading Walla shall not assume responsibility or liability use any information obtained from the Services in order to harass, abuse, or harm another person.
Loading Walla shall not assume responsibility or liability for improper use of our support services or submit false reports of abuse or misconduct.
Loading Walla shall not assume responsibility or liability for the pricing and payment terms of contracts established between vehicle owners and consignors/consignees, transport contractors, and agents utilizing this app as a platform.
Loading Walla shall not be held responsible or liable for any disputes that may arise between consignors, consignees, vehicle owners (or lorry providers), or drivers regarding matters such as quantity, quality, packing, assembling, etc., of goods conveyed through the use of this application.
Loading Walla shall be indemnified and held harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including but not limited to legal fees and expenses. This indemnification is applicable to claims arising from the use or misuse of the services or the app, any violation by the user of these Terms of Use, or any breach of the representations, warranties, and covenants made herein.
Loading Walla is not responsible for any delays in pickup or delivery, early arrivals, early deliveries, waiting charges, or if the user independently arranges freight without utilizing pickup or delivery services. In the latter case, the user is solely responsible for ensuring the shipment's delivery to the designated drop-off and/or pickup point. Loading Walla shall not incur liability in such instances.
Loading Walla assumes no responsibility for the goods or services offered, or the terms under which services may be obtained, through this application as a platform. If a user decides to procure or avail themselves of such goods or services, it is their responsibility to thoroughly assess both the offerings and the terms associated with their acquisition.
Loading Walla is not liable for any natural loss, damage, or deterioration of goods, including instances of pilferage, theft, accidents, natural calamities, or any other similar causes.
Loading Walla is not responsible for the conduct of the drivers operating the vehicles. Users have the option to file complaints against any driver of a vehicle hired through this platform.
Loading Walla is not responsible for the performance of services as initially agreed upon by user parties. In the event that a load owner refuses to load the shipment when the lorry owner reaches the specified destination, after having booked and paid the advance to Loading Walla, a cancellation fee may be charged to the load owner as a penalty.
We may seek feedback from users who have utilized services from listed vehicles. Additionally, Loading Walla reserves the right to retain the user's funds if there is evidence of fraudulent or malicious behavior on the platform.
In the event of funds being erroneously credited to the user's account due to any technical glitch caused by Loading Walla, the user may be contacted through any means. The user is required to promptly return the exact amount transferred by Loading Walla within 10 (ten) days of receiving such a request. Failure to credit the amount within the stipulated time, as specified in this clause, grants Loading Walla the right to pursue legal action against the user.
Usage Limitations:
Services only for intended purposes; no other access or use.
Commercial use requires specific endorsement or approval.
User Obligations:
No systematic data retrieval without permission.
No attempts to trick, defraud, or obtain sensitive information.
No circumvention or interference with security features.
No actions harming the reputation of Loading Walla.
No use of information to harass, abuse, or harm others.
No improper use of support services or submission of false reports.
No interference with pricing and payment terms of contracts.
Contractual and Liability Disclaimers:
Loading Walla is not responsible for user disputes, delays, early arrivals, or user-arranged freight.
Users are responsible for goods and services acquired independently.
No liability for natural loss, damage, deterioration of goods, or conduct of drivers.
Users may file complaints against drivers.
No responsibility for service performance; cancellation fees may apply for refusal after booking and payment.
Feedback may be sought from users, and funds may be retained for evidence of fraudulent behavior.
In case of funds erroneously credited, users must promptly return the exact amount within 10 days; failure to comply may result in legal action by Loading Walla.
On Loading Walla, you can actively participate by contributing content such as text, images, videos, etc. (referred to as 'Contributions'). Please note:
Your Contributions may be seen by others on the platform.
Treat your Contributions as non-confidential and non-proprietary.
By sharing, you confirm:
No infringement of third-party rights.
Ownership or proper authorization for all content.
Consent from identifiable individuals featured in your Contributions.
Accuracy, truthfulness, and compliance with laws.
No unsolicited advertising, spam, or objectionable content.
Respectful and non-abusive language.
Compliance with legal and privacy standards. Violations may result in termination of your rights on Loading Walla.
When sharing reviews on Loading Walla:
Base your review on firsthand experience.
Use respectful language; avoid profanity, racism, or discrimination.
Refrain from referencing illegal activities.
Stay unbiased; don't post if affiliated with competitors.
Avoid making conclusions on legality.
Provide truthful and accurate information.
Do not organize campaigns for reviews.
We reserve the right to accept, reject, or remove reviews at our discretion.
Reviews are not our endorsements; they represent users' opinions. We hold no liability for reviews. By posting, you grant us the right to use and distribute the content.
Use Licence
APP USAGE TERMS
By accessing Loading Walla via the app, you are granted a revocable, non-transferable right to install and use the app on your electronic devices. Follow these guidelines:
Do not attempt to decompile, reverse engineer, or decrypt the app.
Avoid making modifications, adaptations, or derivative works.
Comply with all applicable laws during app use.
Do not remove or obscure any proprietary notices.
Use the app only for its intended purpose; avoid commercial use.
Do not make the app available on a network for multiple users.
Refrain from creating competitive products or services.
Do not use the app for unsolicited commercial emails.
Avoid using proprietary information for your applications.
Failure to comply may result in the revocation of app access.
Apple and Android Devices
When using the Loading Walla app obtained from the Apple Store or Google Play:
The license is non-transferable and limited to Apple iOS or Android devices.
Maintenance and support are provided as per our terms, not the App Distributor's obligation.
In case of non-conformance, contact the App Distributor for potential refunds.
Confirm compliance with US government restrictions and lists.
Adhere to third-party terms when using the app.
App Distributors are third-party beneficiaries with the right to enforce these terms.
We reserve the right, without obligation, to:
Monitor for violations of our terms.
Take legal action against violators.
Restrict or disable contributions for compliance.
Remove excessive or burdensome content.
Manage the platform to protect rights and ensure proper functioning.
We care about data privacy and security. Please review our Privacy Policy: https://loadingwalla.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. 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 India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.
If you believe services on Loading Walla infringes your copyright, notify us immediately using the provided contact information (a 'Notification'). We'll share the Notification with the content poster. Note that making false claims may result in liability for damages, so ensure accuracy or seek legal advice before proceeding.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of India. Loading Walla and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
These terms are governed by Indian laws, and any disputes will be exclusively resolved by Indian courts. If any provision is deemed invalid, the remaining terms will still be valid.
In case of a dispute, mediation will be attempted under Indian law. If unresolved within sixty (60) days, the dispute will be exclusively and finally settled through arbitration under the Arbitration and Conciliation Act, 1996. Epictus Logistics (India) Private Limited will appoint one arbitrator, and the proceedings will take place in Delhi, New Delhi, India, with English as the language unless otherwise required. The mediation and arbitration details shall remain confidential unless disclosure is necessary for the proceedings and agreed upon by both parties.
Restrictions
Arbitration for Loading Walla will be focused on individual disputes. It will not be combined with other proceedings, conducted on a class-action basis, or brought on behalf of the general public or others in a representative capacity.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that certain Disputes are exempt from informal negotiations and binding arbitration. These include disputes related to intellectual property rights, allegations of theft, piracy, invasion of privacy, unauthorized use, and claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, the Parties will address such Disputes in a court of competent jurisdiction as specified for jurisdiction above.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold Loading Walla and its affiliates, officers, agents, partners, and employees harmless from any third-party claims, including reasonable attorneys’ fees, arising from (1) your actions on the platform; (2) your use of Loading Walla's services; (3) any violation of these Terms; (4) breach of your representations and warranties; (5) infringement of third-party rights, including intellectual property; or (6) harm caused to another user connected via Loading Walla. Loading Walla reserves the right to assume control of the defence at your expense and requires your cooperation. You will be notified of any such claim promptly.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Comprehensive Agreement:
These Terms and associated policies constitute the entire agreement between you and Loading Walla.
Waiver of Rights:
Our failure to enforce any right does not waive that right.
Legal Operation:
These Terms operate to the fullest extent allowed by law.
Assignment of Rights:
Loading Walla may assign rights and obligations to others at any time.
Force Majeure:
Loading Walla is not liable for losses due to causes beyond our control.
Severability:
Unlawful provisions are deemed severable, leaving the validity of the remaining terms unaffected.
No Joint Venture:
No joint venture, partnership, employment, or agency relationship is created between you and Loading Walla.
Construction of Terms:
These Terms will not be construed against Loading Walla due to being drafted by us.
Electronic Agreement:
You waive any defences based on the electronic form of these Terms and lack of physical signatures.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Loading Walla
Saket , 21/B
New Delhi, Delhi 110030
India
Phone: 110-465833494
info@loadingwalla.com