Welcome to the website of dHP Heavylift Solutions Private Limited (“dHP” or “Our” or “We” or “Us”). These Terms of Use (“these Terms”) are a legal contract between You and dHP and govern Your use of this website, as well as other websites that dHP may control, and all the text, data, information, software, graphics, photographs, and more (all of which We refer to as “Materials”) that dHP and its Affiliates may make available to You, as well as any services which We may provide through any of Our websites (all of which are referred to in these Terms as “this Website”).
By accessing or using the Website in any manner or using any of the Services in any manner made available through the Website, you agree that you have read, understood and accepted all the terms and conditions contained in these Terms, and Policies (as defined below). These Terms govern Your use of the Website and all applications, software, and services (collectively, “Service/s”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website (“Service Agreement”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.
dHP reserves the right to change, add, remove or modify the Website, the Services, these Terms, Policies, Content or any part thereof, at any time, with or without notice, in our sole discretion. We may (but we don’t assume any such obligation) provide you a notification of any such change, add, remove or modify. You shall regularly and periodically check these Terms and Policies including before you make any transaction on the Website. We shall have no liability or responsibility whatsoever due to any such changes, additions, removals, or modifications.
1.1.“Affiliates” refers to any entity, any other present or future entity that owns or Controls, is owned or Controlled by, or is under common ownership or Control with such entity.
For the above purpose, ‘Control’ means the right to control the management or policy decisions exercisable by a person or persons acting individually or in concert, whether directly or indirectly including by virtue of their shareholding or management rights or shareholder’s agreement or voting agreements or in any other manner, the power to appoint a majority of the members of the board of directors or equivalent governing body of such entity, by contract or otherwise.
1.2."Content" refers to any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
1.3.“User”, “You” and “Your” refers to any person who based in India visits the Website, irrespective of the fact whether or not, such person has availed any of Our Services.
1.4.“Party” refers to either you or us and “Parties” refers to you and us collectively, as the context may require.
1.5.“Policies” refers to our privacy policy, cookie policy and other policies as may be provided on the Website.
1.6.“Territory” refers to the territorial limits of the Republic of India.
1.7.“Website” shall mean www.dhpheavy.com.
2.Accessing this Website
2.1.When You access this Website, You are responsible for complying with these Terms.
2.2.You agree to provide true, accurate, current, and complete information for so long as You use this Website. It is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of this Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), if any. Should You believe Your password or other security information for this Website has been breached in any way, You must immediately notify Us.
2.3.We may collect certain personal information about You solely in connection with Your access and use of this Website. dHP's use of that information is governed by the provisions of the dHP’s Privacy Policy.
2.4.Further, to use the Website, you must meet the ‘Age Requirements’ specified hereinbelow. By using the Website, you, through your actions, affirm that the Age Requirements are met. Please review the Service offerings on our Website. You are not obligated to avail any Services offered on the Website.
2.5.Age Requirements to use the Website (“Age Requirements”): If you are a resident of India, then you must have attained at least 18 (eighteen) years of age to use the Website.
3.Your Permitted Use of this Website
3.1.You are invited to use this Website for Your personal and business purposes where You may avail dHP’s freight forwarding and related services provided by dHP. Your use of such dHP freight forwarding and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Terms and the Service Agreement(s). The dHP Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to these Terms shall be deemed to include, to the extent applicable, the dHP Service Terms and Conditions. (“Permitted Uses”).
3.2.You have no rights in this Website, or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner.
4.dHP Content and Intellectual Property
4.1.The Website, Services, information and Materials (in whatever form or media) provided or communicated to you including but not limited to, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Website, Services, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by dHP are dHP’s Content (regardless of whether it is owned by or licensed to dHP and/or its Affiliates). The Content specifically excludes any content uploaded by the Users, including without limitation, any user-generated content on the Website by way of feedback or otherwise. The Content of dHP including its trademarks, will not be used, modified, or altered by You in any way.
4.2.We authorize Your limited use of this Website. Any other use of this Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of this Website. This is because all rights in this Website remain the property of dHP. Unauthorized use of this Website may result in violation of various laws.
4.3.Except as expressly permitted under any of these Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Content or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information).
4.4.You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Website or its Services, without dHP’s express prior written consent.
5.Termination of Services
5.1.We reserve the right to remove you and/or the user-generated content without notice if you violate any provisions of these Terms.
5.2.We may modify, terminate, or refuse to provide any of our Services at any time for any reason, without notice.
5.3.Notwithstanding anything contrary stated in the Terms, in its sole discretion, we may remove anyone from the Website and cancel any of the Services at any time for any reason.
5.4.We reserve the right to access your user-generated content in order to respond to requests for technical support, to maintain the safety and security of the Website, legal purposes and for other legitimate business purposes, as necessary, in our discretion.
6.Disclaimers
6.1.This Website is provided “as is” and “with all faults” and the entire risk as to the quality and performance of this Website is with You. dHP expressly disclaims all warranties of any kind (express, implied or statutory) with respect to this Website, the Services which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights. This means that dHP does not promise you that the Website is free of problems.
6.2.Without limiting the generality of the foregoing, dHP makes no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. dHP makes no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from dHP, its Affiliates, or their suppliers (or the respective officers, directors, employees, or agents of any such entities) shall create any warranty.
7.1.To the maximum extent permitted by applicable law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will We be liable to you for:
7.1.1.any lost profits or lost data arising out of the provision of the Services and/or Website;
7.1.2.any loss of use or lack of availability of computing devices, failed messages or transmission errors arising from the use of or inability to avail the Services and/or Website; or
7.1.3.any special consequential, indirect or similar loss or damage(s), irrespective of whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if dHP or its Affiliates has been advised (or should have known) of the possibility of such damages.
8.Viruses & Security
8.1.We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware. We do not, however, guarantee that the Website are secure or free from viruses or other malware and accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of the Products from it) or any other website or service that we may provide a link to.
8.2.You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
9.Indemnity and Release
9.1.To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless dHP, its Affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website and/or its Services; (b) your violation of any term of the Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) any claim that your user-generated content caused damage to a third party; or (e) violation of any applicable laws.
9.2.This defense and indemnification obligation will survive these Terms and your use of the Website and/or its Services. You hereby expressly release dHP, its Affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against dHP, its Affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
10.Governing Law and Arbitration
10.1.The governing law and jurisdiction are dependent upon which entity forming part of the Deugro group is offering you the Services. For all matters pertaining to usage of the Website and the Services in the Territory determined herein, dHP shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as We do, to submit to the exclusive jurisdiction of the courts at Mumbai.
10.2.The construction validity and performance of these Terms shall be governed by laws of India and any and all claims and disputes arising out of or in connection with these Terms or its performance shall be settled by arbitration by a sole arbitrator appointed by mutual consent of both Parties. The seat and venue of arbitration shall be in Mumbai. Subject to the arbitration provisions herein, any legal action, suit or proceeding arising out of or relating to or pursuant to these Terms shall be brought in the courts of Mumbai. The language of any dispute resolution procedure or any proceedings will be English.
11.Links
11.1.The Website may contain links to other sites. Unless expressly stated, these websites are not under our control or that of our Affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site from our Website does not imply any endorsement of the site itself or of those in control of it.
11.2.Individuals or entities seeking to establish hyperlinks to this Website are permitted to do so solely to link to the homepage of the website located at www.dhpheavy.com without the necessity of obtaining prior consent from us. However, the creation of deep links, which entail directing links to specific pages within this Website, necessitates explicit written authorization from us. For further information and inquiries regarding this matter, please do not hesitate to contact us in accordance with clause 12 hereinunder.
12.Notices
12.1.You hereby agree, permit and grant your consent to Us to collect and process your personal data including any details and documents if any, which you may upload on the Website or provide the same through internet/email to the email address designated by us, in connection with our Services. This consent extends to any subsequent modifications communicated in writing. For the sake of clarity all of the above documents are referred to as “Digital Documents”.
12.2.You acknowledge that once Digital Documents are uploaded on the Website or emailed at your email address made available to us, it shall be deemed to have been received by you and hence there will be no further requirement on our part to send the same physically in the paper-based format to You. You hereby acknowledge that you have read and understood the following points governing issuance of the Digital Document by us:
12.2.1.For the purpose of the above, the email address used would be the same as provided by you to us. Any change in your email address shall be immediately intimated to us.
12.2.2.You shall access the Digital Documents electronically. You understand that it is the User’s responsibility to review all such Digital Documents. All information contained therein shall be binding on you if you proceed to visit the Website.
12.2.3.You agree that we shall not be responsible for non-receipt of Digital Document(s) sent via electronic delivery due to change in/incorrect email address provided by you for the purpose or for any other reason which inter alia include insufficient space in your inbox, technical reasons or malfunction of your computer system(s) server/internet connection etc. It shall be your responsibility to intimate us of any change in your address and contact information.
12.2.4.We shall not be liable or responsible for any document or statement received by you from frauds or impostors or any consequences thereof.
12.2.5.You acknowledge and accept that the internet is not a fully secured or a protected medium of communication and provision of services due to the public nature of the communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. You acknowledge and further accept that, as a result of such restraints or limitations, there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet service or any communication equipment or facilities, errors, omissions or delays in the transmission and receipt of data and information. There are also other risks involved such as in the unauthorised access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including your personal data. You agree that we shall not be liable / responsible for the aforesaid matters and resultant losses under any circumstances.
12.3.In the event of any dispute or claims arising from the use of the Website or any queries, please get it touch with us at:
dHP Heavylift Solutions Private Limited,
Address: 1207, 12th Floor, Universal Majestic, P.L. Lokhande Marg, Chembur (West), Mumbai, Maharashtra, India, 400071.
Email ID: dataprotection@dhpheavy.com
12.4.All notices and communications shall be deemed received upon: (a) actual receipt thereof by dHP; or (b) hand delivery thereof to the appropriate address; or (c) at the time the email is sent provided no delivery failure message is received from the intended recipient by the sender.