This document describes the terms with which Loadkaro offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the www.loadkaro.com domain. The User Agreement constitutes a legally binding agreement between you and Loadkaro. This agreement is effective for all users. These terms and conditions apply to the services available from the domain and sub-domains of www.loadkaro.com. Please ensure that you read and understand these terms in, and linked to, this User Agreement before you join because you will be bound by the terms once a contract comes into existence between us. If you do not accept these terms, do not use the website. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
1. Loadkaro is a Neutral Online marketplace. Loadkaro is not a Transportation Service Provider (TSP), transport company, freight forwarder or broker. Our site acts as a venue where delivery customers and TSPs can meet and enter into agreements. We are not involved in the actual transaction between delivery customers and TSPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Loadkaro does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between delivery customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of delivery customers to send items. We cannot ensure that a delivery customer or TSP will actually complete a delivery.
2. Membership. You agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended Loadkaro members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your Loadkaro membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the Loadkaro website as a means to sell or market any types of goods or products, unless specifically allowed by LoadKaro.
3. Other Terms and Conditions. We have the right to revise and amend these terms from time to time by email, via the Message Centre or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective once they are posted. This User Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature. Once notice is given of any changes to these terms and conditions you can choose to cancel your registration without penalty before the new terms affect you.
4. Fees. There are currently no fees to join Loadkaro and no required listing fees for delivery customers. Loadkaro may collect a Auction Service Charge from delivery customers in certain categories. The amount for such an Auction Service Charge, if any, will be displayed for customers before they accept any quote. Transportation Service Providers (TSP’s) may be charged a base bid submitted.
Fee schedule may change from time to time. Unless otherwise stated, all fee schedules are based in Indian Rupee. Changes to the fee schedule are effective by posting the changes on the Loadkaro site.
If we are not able to charge the TSP's credit card on file the full amount owed us, Loadkaro reserves the right to charge the credit card for fees associated with specific matches or transactions that occurred on our site. Account credits resulting from prepaid packages will offset the fees due to Loadkaro. Loadkaro reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your Loadkaro password or any account sensitive information to any third parties.
5. Deposits & Payments. In the event of a payment dispute, when a customer refuses to release the payment to TSP, Loadkaro is not liable to pay the TSP under any circumstances. Loadkaro can also attempt to contact the customer on behalf of the TSP regarding the refusal of payment and assist in mediating the issue, however, Loadkaro is not responsible for any monetary disputes that reside with a TSP or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Loadkaro.
6. Authorization to Credit and Debit Accounts. You irrevocably and expressly authorise Loadkaro to credit any monies to the account that you have identified for Loadkaro. You irrevocably and expressly authorise Loadkaro to debit any monies from any account that you have identified to Loadkaro for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to Loadkaro. We reserve our rights to all actions and remedies in connection with any monies owed to Loadkaro. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
7. Chargebacks. Unwarranted chargebacks initiated by Loadkaro members against Loadkaro are prohibited and will result in the suspension of your Loadkaro account, and may result in Loadkaro pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency and retaining legal counsel for overdue accounts.
There are situations where a chargeback may be warranted, such as when a card holder feels that their card has been charged fraudulently and/or there is a discrepancy with the billed amount. Prior to any chargeback initiation, Loadkaro must be notified by the card holder so that Loadkaro may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a Loadkaro transaction.
The TSP bid fees is non-refundable in the event of a non cancelled,completed shipment transaction. Loadkaro is not responsible for any monetary disputes that reside with a TSP or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of LoadKaro.
8. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by LoadKaro on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. If in any billing period, we are not able to charge your credit card on file the full amount owed us, LoadKaro may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account or, at our discretion, put your account into the LoadKaro Financial Probation Program, which allows you to continue to place quotes and win business in the LoadKaro marketplace while being subjected to a higher match fee (currently 10.0%) that is paid directly to us by the Shipping Customer as a deposit prior to the Shipping Customer accepting a quote from You. This deposit reduces the money that you may collect from the Shipping Customer by the exact amount of the deposit paid by the Shipping Customer. If you subsequently pay off your entire balance owed to LoadKaro, you may be removed from the LoadKaro Financial Probation Program. LoadKaro reserves the right to waive or change our fees, penalties, or interest at any time. LoadKaro also reserves the right to prevent you from changing your transactional currency until you have paid all Unpaid Fees. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
9. Match Cancellations and Account Credits. A “Cancellation” occurs when either party has to cancel AFTER a quote was accepted on LoadKaro but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on LoadKaro will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) disputing the reason for cancellation and requesting review by LoadKaro staff.
If your Request for Cancellation is accepted by the other party, the match will be cancelled and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to LoadKaro and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, the shipping customer deposit and/or the Auction Service Charge will be refunded to the shipping customer's original form of payment.
Every member is allowed 1 free cancellation for every 10 matches (10%) on LoadKaro. Each Excessive Cancellation, above the 10% threshold, is considered to be excessive, or above the marketplace norm and will be displayed in the member's profile. LoadKaro will determine the excessive cancellation/match rate based on both the TSP’s previous 12 month cancellation rate as well as their lifetime cancellation rate on LoadKaro. Only if both rates are above 10% will the TSP receive excessive cancellations. TSPs that have excessive cancellations may be charged higher match fees than other TSPs. To determine the excessive cancellation surcharge we will use the lower percentage of the previous 12 month or lifetime cancellation rate. For example, if a TSP has a lifetime cancellation rate of 15% and a past 12 month rate of 20%, then the user will have an excessive cancellation rate of 15%. Cancellations do not affect the overall feedback score or the % positive.
TSPs that have Excessive Cancellations at the time a quote is placed will have a variable surcharge added to their match fee, in proportion to their current ratio of cancellations to matches. The fee schedule is as follows:
Excessive Cancellation Surcharge Schedule
|Cancellations/Match Rate||Match Fee Surcharge|
|0-10%||No Additional Fee|
For example, when a TSP who has 93 matches and 15 cancellations places a quote, their cancellation rate is calculated at 15% (Matched deliveries are always rounded up to the nearest 10, or 100 total in this example). Thus, this TSP would have a 20% surcharge added to their match fee amount (i.e., if their match fee was previously Rs. 2550 it will now be Rs. 3100 because of the 20% surcharge).
LoadKaro takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
10. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the LoadKaro website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
11. Release. Should you have a dispute with one or more LoadKaro users, you release LoadKaro , its officers, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Shipping. As a shipping customer, you are obligated to complete the transaction with the TSP if you accept the TSP's quote, unless the transaction is prohibited by law or by this Agreement. By accepting a TSP's quote, you agree to be bound by the conditions of the quote included in the quote details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the TSP materially changes the quote details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the TSP's identity or credentials. The TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the TSP. IMPORTANT: LoadKaro does not screen or qualify TSPs for compliance. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. It is recommended that you confirm such compliance directly with the TSP before services are rendered by the TSP.
13. Prohibited and Restricted Items. Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on LoadKaro. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed on LoadKaro - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements, please consult your local postal authority and/or regulatory agency. These guidelines do not constitute legal advice and do not pertain to any particular company's practices. When in doubt, check with law enforcement agencies, a lawyer, the law or with a copyright, trademark or other rights owner for clarification.
16. Transportation. You must legally be able to transport the deliveries that you quote on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, national and european licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our site. You acknowledge that the LoadKaro website exists for members to make a fully informed decision about your quotes, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), LoadKaro reserves the right to suspend or cancel your account at our sole discretion. Your quote may only include content relevant to the description of your transportation services. If you quote on any delivery and your delivery is accepted by the shipping customer, you are obligated to perform the services offered in your quote at the accepted quote price.
17. Account Flagging System. The LoadKaro site is self-policed by the LoadKaro community via a feedback system. LoadKaro members are able to give feedback certain texts that do not comply with this Agreement or the Flagging Policies. A LoadKaro member who receives multiple negative feedback on seperate occasions is subject to suspension of their account.
18. Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing LoadKaro transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize LoadKaro to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
19. Fraud. LoadKaro may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the quote prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:
A. Fees - You shall NOT:
B. Manipulating feedback - You acknowledge and agree that the LoadKaro website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:
20. Off-Site Communications. LoadKaro prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the LoadKaro site. Offers of this nature circumvent LoadKaro’s fee structure and are a potential fraud risk for both shipping customers and TSPs. Some examples of off-site offers include:
• Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in the material description section of the enquiry posting
LoadKaro reserves the right to edit, amend, or delete any personal contact information that members submit on our site. LoadKaro reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
21. Posting in the Community. LoadKaro reserves the right to edit, amend, or delete any information posted on the site if, in the sole opinion of LoadKaro, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement.
22. Right to Reject or Remove Members. We reserve the absolute right to reject your participation, or remove you from your current participation, in the LoadKaro site at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the LoadKaro marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
23. Petition for Reinstatement. Upon your removal from the LoadKaro website, you may petition for reinstatement. Your petition for reinstatement must include the following:
a) A written statement as to why you should be reinstated
b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
24. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
25. Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
26. Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
27. Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
28. No Criminal Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a crime. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
29. Unsolicited Idea Submission. We always want to receive messages and feedback from LoadKaro members and welcome any comments regarding the LoadKaro marketplace. However, LoadKaro policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by LoadKaro might be similar or even identical to your idea.
If you do send LoadKaro an unsolicited suggestion, idea, or proposal, or if you send, at the request of LoadKaro, a comment or suggestion to improve the LoadKaro Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), LoadKaro will consider the Submission to be non-confidential and non-proprietary. LoadKaro shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. LoadKaro shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
30. Identity Verification. We use techniques to help verify the identity of TSPs when they register on our website through the LoadKaro.com domain, sub-domains or mobile application; however, LoadKaro cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
32. Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.
A) Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you.
B) Mutual Feedback Withdrawal. If both members are able to resolve a problem after feedback has been left, you can mutually agree to withdraw the feedback rating. The feedback comment will still appear in your profile, but it will no longer count towards your feedback score. Both members must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both members.
C) Feedback Comment Withdrawal. LoadKaro will remove individual feedback comments only in very rare circumstances, such as when they violate certain LoadKaro policies. Other situations where LoadKaro will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when LoadKaro receives a valid court order to remove feedback.
33. Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your enquiry or bid, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
34. No Warranty. LoadKaro, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
35. Liability. In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. LoadKaro shall not be liable for:
(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss of corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the lesser of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and Rs 1000.
36. Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
37. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
38. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by LoadKaro to collect our fees and/or recover damages for, or obtain an injunction relating to, the LoadKaro site operations, intellectual property, and our services, shall be settled by binding arbitration. The parties will attempt to settle it by mediation.
39. Dispute Resolution. Disputes between you and LoadKaro regarding our services should be reported to LoadKaro Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to LoadKaro, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
40. Protection of Intellectual Property Content. The LoadKaro website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
41. Trademark and Domain Name Protection. The LoadKaro website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilise the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
42. Security. LoadKaro uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilise several different security techniques to protect data from unauthorised access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
44. Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
45. Governing Law. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of India. You and LoadKaro both agree to submit to the exclusive jurisdiction of the Indian Courts. “Exclusive jurisdiction of the Indian courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in India. Indian law will apply in all cases.
44. Additional Policies. The following LoadKaro policies and all policies referenced there within, are part of this Agreement and provide additional terms and conditions related to specific feature and/or product offerings on the LoadKaro sites: