Posted as of 15th April 2022
Lasted updated as of 25th September 2022
This Platform is created and operated by Savir Logistics Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”)having its registered address at 3RD FLOOR, A 326-327, VARDHMAN GRAND PLAZA PLOT NO. 7 MANGALAM PLACE, SECTOR-3, ROHINI, New Delhi, Delhi, 110085 and operating under the brand name “Trucknetic”. We intend to ensure your steady commitment to the Usage of this Platform and the services provided by Us through our website “https://trucknetic.com/”, Mobile Application “Trucknetic Partner” and through all offline mediums.
Unless the context otherwise provides or requires, the following words and expressions Used in this Agreement shall have the meaning as provided to them herein below:
- “Agreement” shall mean the executed between Us and the Service Provider pursuant to which the Partner has agreed to undertake Services.
- “Applicable Law” shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, notification, circular or other pronouncement or any similar form of decision of, or determination by or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board having the effect of law in India, as in effect or which may come in effect on a future date.
- “Business Day” means a day (other than national gazette holidays, and bank holidays in the Territory) on which nationalized banks are generally open in India for the conduct of banking business and consisting of normal working hours.”
- “Partner” or “Service Provider” or “Vendor” or “You” or “Your” or “Yourself” shall mean an individual who has executed an Agreement for the provision of Services or has registered themselves on to our platform either online or offline.
- “Partner information” shall mean and include any personal data collected from the Driver Partner including know your client documents with Partner’s bank, copies of valid government issued Vehicle registration certificate, Vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership, registration and compliance under welfare legislations for Partner and any other information that We may deem fit.
- “Partner Services” shall mean either or both of the following as the context may require:
- The services provided by the Partner to Us by making himself available on the Platform for the purpose of receiving orders placed by the Users.
- The services provided by the Partner to the customers on Platform whereby the Partner through himself or his appointed drivers collects the goods/products/consignments ordered by the customers/consignors and delivers the same to the consignees.
- “Governmental Authority” means any governmental or any governmental agency, semi-governmental or judicial entity or authority, department of law and order including the Police personnel of any rank (including, without limitation, any stock exchange or any self-regulatory organization established under statute).
- “Intellectual Property Rights” shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in Our Platform.
- “Platform Services” shall have the meaning assigned to it in the Agreement.
- “Fees” means the consideration payable by Us to the Partner for providing the Services as contemplated under this Agreement as per the General Terms of Service.
- “Services” means the Driver and Platform Services technology-based services provided by Us for the transportation of its goods/products/consignments from one place to another for the hiring of Vehicles by customers for point-to-point or for based Time-and-Usage within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices including hiring of labour by customers for loading/unloading of the consignment and such other services which we may from time to time add.
- “Tax” means all forms of present and future taxes (including but not limited to Indirect Taxes), deductions, withholdings, duties, imposts, levies, cess, fees, charges, social security contributions and rates imposed, levied, collected, withheld or assessed by any Governmental Authority or other taxing authority in India or elsewhere and any interest, additional taxation, penalty, surcharge, cess or fine in connection therewith and “Taxes” shall be construed accordingly.
- “Termination Date” shall mean the date on which the Partner T&C shall stand terminated.
- “Terms and Conditions” or “Partner T&C” refers to these Partner Terms and Conditions, which are available on the Platform, as may be amended from time to time.
- “We” or “Us” or “Our” or “Trucknetic” shall mean and refer to the platform or the Company as the case may be.
- “Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Governmental Authority or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.
- “Platform” shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile application/Platform interface provided to the Partner or their appointed Drivers wherein all the back-end technology is incorporated to enable the Partner and their Drivers to provide Services as well as enable Trucknetic , to track the orders/requests and other relevant information.
- “Vehicle” shall have the meaning which the Driver appointed by the Partner will Use for performing the Services.
2. TERM AND TERMINATION
3. REPRESENTATIONS AND WARRANTIES
In order to register as a Service Provider, the Service Provider must be above 18 years of age and is enrolled with all the welfare schemes as provided by any Governmental Authority and must share the requisite documents with Us from time to time for compliance purposes only.
You acknowledge and agree that at all times the Service Provider and/or their Drivers must hold and maintain:
- Valid driver’s license (if applicable) with the appropriate level of certification to operate the Vehicle driven/ridden and
- All licenses, permits, approvals and authority applicable to the Vehicle (if applicable) that are necessary to provide the Services.
- The appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.
- High standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
- The Service Provider confirms that we do not own ordinary way control or own the Vehicles Used by a passenger or any driver rendering the said services to the customer, whether employed by the Service Provider or not. We shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of service rendered by the Service Provider to the consignor/consignee.
- The Service Provider agrees and acknowledges that upon acceptance of an order by the Service Provider, Services undertaken by him shall constitute a separate contract for services under the Applicable Laws or any legislations, between the Service Provider and the User, to which we are not a party.
- The Service Provider also being a driver which may or may not be under his ownership as to the right, title and interest on the Vehicle, is responsible and liable for all loss or damages as to any matter arising from the Vehicle including the claims, demands, charges, expenses, show cause, detention, litigation and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep Us indemnified from all such claims from time to time during the course during the term of this Agreement.
4. FEES AND TAXES
In consideration for the performance of the Services in accordance with the requirements of this Agreement, the Service Provider shall be entitled to receive the Fees on or after deduction of applicable which is inclusive of .
- The applicable financial terms for the Vehicle shall be communicated from time to time on our notice board of Your City Office and/or Branch Location.
- The Fees in relation to the trip fare will be calculated through backend freight calculation technology of the platform or through mutual discussion with the SErvice Provider
- All payments due to the Service Provider shall be made by a crossed pay order cheque in favor of Name of Service provider or through net banking / NEFT / RTGS etc., as mutually agreed from time to time.
- The Carriers do hereby authorize Us to collect any payments against the Services and to make such payments to the account as provided and consented to Us by the Service Provider from time to time. We hereby disclaim all liabilities which may arise from all obligations under this clause as the acts will be performed as per the prior and voluntary consent provided by the Service Provider in own discretion. The Service Provider have no objection on any of the abovementioned commercial transactions with Us..
- Before making payments to the Service Provider, We shall be entitled to deduct commission or its own service charges including the deduction of Taxes at source.
- The Service Provider acknowledges and agrees that in the event, any Tax proceedings are initiated against us, the Service Provider shall fully cooperate with us by furnishing the relevant information related to the supply provided to Us on a timely basis as may be required by Us. Furthermore, all the damages and other costs incurred by Us due to any fault of the Service Provider, the Service Provider shall indemnify Us for all such damages and other costs.
- The Fees payable to the Service Provider is exclusive of all applicable central, state and other Taxes at the time of execution of this Agreement. And
- The Service Provider shall be solely responsible to pay the Taxes or any other applicable taxes with respect to the provision of Services provided to Us
5. SERVICE PROVIDER’S OBLIGATIONS
Each Person hereby obligates that:
- The Service Provider shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, the Service Provider are prohibited from selling, trading, or otherwise transferring Your Account to another party.
- Service Provider hereby provides consent to Us to access, Use or share data and information including but not limited to location information, contacts information, transaction information, Usage and preference information, device information, call and SMS data and Log information related to subscription to Our platform. The Service Provider expressly confirms that some of the call related information may be personal in nature.
- All Service Provider Information provided shall be true and correct and no information that could impact the Service Provider’s performance to render Services pursuant to these Service Provider T&C and shall not be hidden from Us anytime during the subsistence of these Service Provider T&C.
- The Service Provider has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Service Provider is not a party to any pending litigation, which shall materially affect Your obligations under these Service Provider T&C.
- All licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.
- The appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.
- You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
- You shall not Use Our Platform’s information but not limited thereto (“Confidential Information”) for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.
- You shall ensure all obligations related to comprehensive insurance including without limitation insurance of Vehicles, third party, goods, driver, customer etc. to meet any accidental eventuality etc. and the hirer/consignor/consignee shall not be liable for any thing whatsoever.
- The Service Provider also shall furnish all the details including the drivers for security reasons and ensure that the Service Provider is registered with Us.
- The Service Provider shall ensure that the customer pays the Vehicle fare (as displayed in the installed technology firmware and/or Platform, or that is otherwise agreed upon by Us and the customer at the time of hire), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by law or required to be paid for hiring the Vehicle (for cash bookings). Toll charges will be payable by the customer (whether by way of cash or credit, as previously agreed by Us and customer) as applicable, when the Vehicle that is in Use and hired by the customer through Us crosses a toll post.
- The Service Provider will have a functioning mobile number and also have the ability to read and send SMSs from Us, regarding the customer details, kms and time reading, amount paid by the customer and to convey customer feedback. Service Provider shall maintain all documents pertaining to the personal details and where about so fall.
- In case any Service Provider wants to go on leave, Service Provider will inform Us at least 3 days in advance and the Service Provider shall provide a replacement driver (when applicable) for the duration of absence with a separate enrolment under the Platform. The replacement driver must undergo the required training, at the Service Provider’s cost, and as per our set quality standards.
- The Service Provider will be maintaining certain standard ratings on the Platform which will be depending upon our transparent process and parameters, failure to adhere with the rating process will have an impact in the Services which will be solely decided by Us from time to time.
- During the Services are performed, the Vehicle shall not be pilfered or tampered with and the same shall be reported immediately by the Service Provider directly to Us.
- Any discounts given to the customer, if any, will be decided by Us based on a case to case basis and the Service Provider shall agree to the same without demur or protest.
- The Service Provider and their Driver shall ensure and shall be solely responsible to ensure that before the Pickup, the device/phone is available for the customer and Us. The Service Provider’s or the Driver’s phone should not be busy for long, unavailable or switched off. Doing this will lead to deductions in the amounts to be paid to Service Provider by adjusting the discounts given to the customer with the amount to be paid to Service Provider. Such deductions may extend upto any quantum of the amounts to be paid to the Service Provider.
- The Service Provider shall be liable for all claims and demands raised by any third party at all times in respect of the Vehicle (owned or hired) which ever the case may be. We do not verify the details of the Vehicle Used by the Service Provider. In case of any claims as to the title of the Vehicle between the registered owner of the Vehicle and the Service Provider, We shall not be held responsible for such disputes. All such disputes must be met by the Service Provider and must indemnify Us in case of the loss of brand value, goodwill, loss of business, direct or indirect claims, claims from accident and/or offenses under the applicable laws, etc. situations during the term of this Agreement.
- Any unlawful/mischievous activity done by vendors or their drivers which leads to delay or any other inconvenience in the transit of the consignment or leads to damage in the consignment, Trucknetic reserves the right to recover all incidental costs arising as a result of such activity and can also initiate legal action against the vendor for the misconduct
- Trucknetic reserves the right to terminate the access of the platform for a vendor or their drivers for misconduct on the platform, during the delivery of service or for any such behavior that Trucknetic deems inappropriate.
- Trucknetic or its customers won’t be liable to pay any incidental cost which is outside the scope of services availed from the Service Provider. Trucknetic’s liability for payment is limited to the extent of paying the amount pertaining to the commercials discussed at the time of order confirmation.
- The service provider has to ensure that they provide vehicles as per the specification mentioned on the consignment note and as discussed at the time of order confirmation. The specification aspects include but are not limited to the truck dimensions, truck type, loading capacity, body type etc. If the vehicle specification doesn’t comply with order requirements, the booking is subject to cancellation without the consideration of a cancellation charge.
- The vendor or their drivers appointed for providing the services cannot take any amount (physically or digitally) pertaining to the freight charges from the customers at the loading or unloading locations or any other locations apart from those. All the payments need to be routed through the Trucknetic platform
- The service provider and the driver have to ensure that the best measures are adopted to transport the consignment in a safe and secure manner.
- In case of delays in payments for advance or balance amounts to the vendors due to technical issues with the Trucknetic platform or the banking platforms or any other issues as such which are outside the control of Trucknetic, the vendor or their driver cannot blackmail or threaten Trucknetic or its client to detain the vehicle in transit, cause damage to the materials of the consignment or to cause any other such inconveniences. In case of such scenarios, Trucknetic preserves all rights to call legal action against the vendor and/or their drivers for the misconduct.
- If the Service Provider provides a vehicle to Trucknetic by sourcing it from another service provider or Fleet Owner, the final liability would remain with the Service Provider and would be accountable for any and all operational issues or liabilities
- The payment for the services provided by the vendors are subject to TDS deduction above the agreed commercials, unless TDS declaration is submitted to Trucknetic by the service provider. TDS Deduction will be applicable as follows:
Individual/HUF – 1% ,
Company/Firm identified through PAN – 2%
The payments are also subject to Commision deduction as per the following matrix:
|Freight Cost Slab||Commission Amount|
|₹0 – ₹20,000||₹100/-|
|₹20,000 – ₹35,000||₹200/-|
|₹35,000 – ₹50,000||₹300/-|
|₹50,000 – ₹70,000||₹400/-|
|₹70,000 – ₹90,000||₹500/-|
The relationship between the parties is that of independent contractors and/or workers. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employer-employee, agency, or other relationship between the Parties. The Service Provider shall have no right to exercise control over Our performance of its obligations under this Agreement and We shall not have, and shall not represent that it has, any right or authority to bind the Service Provider, or to assume or create any obligation or responsibility, express or implied, on behalf of Service Provider.
The Service Provider covenants that all Persons assigned by the Service Provider (not by way of transfer) to perform Services under this Agreement shall be employees or contractors of Service Provider or its affiliates and under no circumstances shall such persons be deemed to be our employees.
The Service Provider shall not subcontract any part of the Services under this Agreement to any third party without prior written consent from Us. Notwithstanding any such sub-contracting, if consented by Us, the Service Provider shall remain primarily liable and always obligated to Us hereunder.
Subject to clauses of this Agreement, We may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the Service Provider.
9. INTELLECTUAL PROPERTY OWNERSHIP RIGHTS
Except as expressly set forth herein, as between the Parties, We shall remain the owner of all intellectual property that it owns or controls as of the Effective Date or that it develops or acquires thereafter. Nothing in this Agreement will function to transfer any of either party’s intellectual property rights to the other party and each party will retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement.
- The Service Provider shall indemnify Us from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims in general and any provision which forms a part of this Agreement, demands, actions and proceedings, which we may incur or sustain directly or indirectly from any breach by Service Provider of its obligations here under or any breach of Service Provider’s representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Service Provider and Service Provider shall forthwith pay all such sums forthwith on demand by Us in writing.
- Notwithstanding any other provisions of this Agreement, the Service Provider shall be liable to Us for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.
- The Service Provider agrees that in the event of any loss or damage to the Us, that is from the time they are entrusted to the Service Provider till they have delivered the requisite services to Us, due to any reason whatsoever, except for Force Majeure, the Service Provider shall make good the loss, costs, charges, and expenses that we may suffer or incur in accordance with the terms of this Agreement.
- Indemnify Us in accordance with the provisions of this Agreement. And The Service Provider shall be solely liable for all offenses and penalties relating to the Services.
11. LIMITATION OF LIABILITY
To the extent permissible under applicable laws, We are not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider
(a) of the Applicable Laws in respect of the Use of the Platform or providing the Services.
(b) of the terms of the applicable licenses and permits that are issued by the transport authorities. (c) of the terms of these T&Cs. or
(d) of the duty of care the Service Provider owes to the Users of the Platform.
There will be no limitation of liability on the part of the Service Provider at any point of time due to any indemnity provisions as contained in this Agreement.
12. FORCE MAJEURE
A. Force Majeure Event:
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster
- epidemic or pandemic.
- terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.
- nuclear, chemical or biological contamination or sonic boom.
- any law or any action taken by a Governmental Authority or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent.
- collapse of buildings, fire, explosion or accident.
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party).
- non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause). And
- interruption or failure of utility service.
B. Effect of a Force Majeure Event:
Provided it has complied with this clause, if a Party is prevented, hindered, or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The corresponding obligations of the other Party will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of the Affected Party.
C. Obligations of an Affected Party:
The Affected Party shall:
- as soon as reasonably practicable after the start of the Force Majeure Event but no later than 3 days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement. And
- Use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.
D. Right to terminate in case of a Force Majeure Event:
Without prejudice to clause (Term and Termination), if the Force Majeure Event prevents, hinders, or delays the Affected Party’s performance of its obligations for a continuous period of more than 3 days, the Party not affected by the Force Majeure Event may terminate this Agreement by giving a written notice to the Affected Party.
Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this Agreement shall be deemed to survive the cancellation or termination of this Agreement. Such terms and conditions include, but are not limited to, Term and Termination, Representations and Warranties, Relationship, Intellectual Property Ownership Rights, Indemnification, Governing Law, Dispute Resolution, Severability and Disclaimer.
14. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of India, without regard to the principles of conflict of laws.
- We hereby disclaim and shall disclaim all representations and warranties to the customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability, Vehicle, and all ancillary matters related to it and fitness for any purposes in respect of any and all the Vehicles of the Service Provider that are Used by the customer as a part of the service offered by Us.
- We do not warrant that You will be able to Use our Platform and/ or will be able to provide the Services at all times or locations on Our Platform or that Our Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by Us in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by Us are provided to you on an “AS IS” and “AS AVAILABLE” basis and We specifically disclaim all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.
- We shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Service Provider arising out of the Use of the service offered by Us or due to our failure of to provide services to the consignor/consignee for any reason whatsoever including but not limited to any customer’s noncompliance with the services offered by Us, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond the Our control or any person or any organization involved in the above-mentioned systems. The Service provider shall also be liable to Us for any loss caused to Us due to the negligence of the Service Provider and/or his appointed operators/contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, We shall not be liable for any direct or indirect loss or damage, which may be suffered by the Service Provider as a result of any failure by a consignor/consignee to show up within any stipulated time even if we had agreed to such timing or even if the customer has a devised Us of the possibility that he/she may not show up within the stipulated time. And
- The Platform makes available general third-party information and other data from external sources (“Third Party Content”). The provision of Third-Party Content is for general informational purposes only. The Service Provider acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. We do not provide any guarantee with respect to any Third-Party Content and shall not be held liable for any loss suffered by the Service Provider based on the reliance placed on or Use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party’s intellectual property rights or proprietary rights, We shall not be held liable for the same at any instances.
If any part or any provision of this Agreement is or becomes illegal, invalid, or unenforceable, that part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts of said provision or the remaining provisions of this Agreement. The parties hereby agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal, and commercial objectives of the invalid or unenforceable provision.
17. ENTIRE AGREEMENT
This Agreement, together with the schedules and other documents specifically attached or referred to herein, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings, promises, representations, agreements, and negotiations between the parties, oral or written. No amendment or modification of this Agreement shall be binding unless made in writing and duly signed by both parties.
Each party agrees that any delay or omission on the part of the other party to exercise any right, power or remedy under this Agreement will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and delivered to the other party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either party hereunder on one occasion shall not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion.
- We hereby disclaims and shall disclaim all representations and warranties to the customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability, Vehicle and all ancillary matters related to it and fitness for any purposes in respect of any and all the Vehicles of the Service Provider that are Used by the customer as a part of the service offered by Us.
- We do not warrant that You will be able to Use Our Platform and/ or will be able to provide the Services at all times or locations on Our Platform or that Our Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the Us in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by Us are provided to you on an “AS IS” and “AS AVAILABLE” basis and we specifically disclaim all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, any assurance of minimum business guarantee with respect to any Fees or any other warranty arising from the course of performance or course of dealing.
- We shall not be responsible or liable for any loss or damage, how so ever caused or suffered by the Service Provider arising out of the Use of the service offered by Us or due to our failure to provide services to the consignor/consignee for any reason whatsoever including but not limited to any customer’s noncompliance with the services offered by Us, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond our control or any person or any organization involved in the above mentioned systems. The Service provider shall also be liable to Us for any loss caused to Us due to the negligence of the Service Provider and/or his appointed operators/contractors and or any unlawful act or omission in the performance of the services. Without prejudice to the above, We shall not be liable for any direct or indirect loss or damage, which may be suffered by the Service Provider as a result of any failure by a consignor/consignee to show up within any stipulated time even if we had agreed to such timing or even if the customer has a devised TRUCKNETIC of the possibility that he/she may not show up within the stipulated time. And
- The Platform makes available general third-party information and other data from external sources (“Third Party Content”). The provision of Third-Party Content is for general informational purposes only. The Service Provider acknowledges that the Third-Party Content provided is obtained from sources believed to be reliable. We do not provide any guarantee with respect to any Third-Party Content and We shall not be held liable for any loss suffered by the Service Provider based on the reliance placed on or Use of Third-Party Content. Further, to the extent that such Third-Party Content is infringing upon some other party’s intellectual property rights or proprietary rights, We shall not be held liable for the same at any instances.
20. ANNEXURE A
Details of Vendors, Vehicles and Drivers with No Objection Certificate. Documents Required:
For Vendor KYC:
- Company PAN Card Copy /Individual Pan Card, as applicable
- Aadhar Card Copy or any other Proof of Identity
- GST registration Certificate or any other Proof of Office Address
- Bank account Details
- TDS Declaration Certificate , if applicable
- Phone Number and other Contact Details
For Vehicle KYC:
- Registration Certificate Copy
- Permits pertaining to the vehicle such as National Permit, State Permits, No Entry Permits etc.
- Other supporting documents as applicable
For Driver KYC:
- Driver’s License Copy
- Aadhar Card Copy or any other Proof of Identity
- Phone Number and other Contact Details