This Platform is created and operated by Savir Logistics Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at A- 326-327, PLOT NO 7, 3RD FLOOR,OUTER RING ROAD, MANGLAM PLACE ,VARDHMAN PLAZA, SECTOR-3, ROHINI DELHI 110085 IN 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://www.trucknetic.com/, Mobile Application [Trucknetic Shipper], Mobile Application [Trucknetic Partner] and through the offline services (hereinafter referred to as “Platform” collectively).

Trucknetic is a one- stop solution to book all kinds of trucks for interstate, intercity and intracity services. Trucknetic’s aims at zero- waste on miles for the truck, increase the asset utilization of truck and regulate brokers and transporters from the market. This is done by centralizing the whole process online, by installing a vehicle tracking system and digitizing the documentation required in the process. This way, the percentage of empty miles per total distance covered is omitted while enhancing the percentage of total revenue per day per truck. This helps shippers eliminate their logistical worries by helping them connect to carriers digitally, in a transparent, hassle-free manner while they concentrate on growing their business. The team at Trucknetic optimizes the use of AI and with automation, and latest tech trends, their platform makes it easy for truckers to find their next load and shippers to find trusted truckers in a timely manner at competitive pricing.

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform. “You”, “Your”, “Yourself” “Shipper”, “Carrier”, “Customer”, “User” shall mean and refer to natural and legal individuals who shall be users of this Platform provided by us and who is competent to enter into binding contracts, as per law. “Third Parties” refer to any Platform,  or individual apart from the Users and the creator of this Platform. “Shippers” or “Customers” will refer to all those persons who want to ship their goods to other places or any persons who avail the services of the “Carriers” or “Vendors”. “Carriers” or “Vendors” will refer to all those persons who take up the job offered by the “Shippers” or “Customers” on the platform.

GENERAL TERMS

1. The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Platform.
2. The use of this Platform is solely governed by these Terms of Use, Privacy Policy that may be uploaded on the Platform and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy.
3. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
4. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Platform constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.
5. We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, You must stop using the Platform at once. Your continued use of the Platform will signify your acceptance of the changed terms.

PLATFORM OVERVIEW

The Platform is an online e-commerce Platform that provides technology based services that helps in connecting with Shippers and Carries for freight and cargo by providing a platform wherein the shipper can post details of the desired shipment request and the carriers can accept such shipment request. The Services can be availed through the Platform through various methods of payments offered. The Platform provides information content in the form of blogs, topics ranging from fashion and lifestyle, brands, Service information, subscription plans, facts and news, animal welfare, and environmental information.

REGISTRATION AND CHECKOUT

Registration on the Platform is mandatory for Users of the Platform. The Users shall also have the option to link their Google or Facebook accounts with the Platform. The Shippers can register by providing the following information:

1. Name
2. Email ID
3. Contact no.
4. Address

The Carriers can register by providing the following information

1. Name
2. Email
3. Contact no.
4. Aadhar Details
5. PAN Number
6. Driver’s License
7. Address

ELIGIBILITY

1. You represent and warrant that you are competent and eligible to enter into legally binding agreements and of age and that you have the requisite authority to bind themselves to these Terms of Use following the Law. However, if you are a minor using this Platform, you may do so with the consent of your legal guardian. All Acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
2. You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
3. You shall not use the Platform if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

SERVICE AVAILABILITY

The items we offer on this Platform are only available in the following countries: INDIA .

HOW THE CONTRACT IS FORMED

To place an order, shippers will be required to follow the order process online and press the “Book Now” button to submit the order. Alternatively, the shippers can also avail the services outside the application/Platform by directly contacting customer support/business development executives and specifying their requirements. These Terms of Use, Privacy Policy and any other Policy that the customer may update on its Platform shall be applicable to such customers availing the services outside the application.

After this, You will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that we will confirm the service to You by sending You an e-mail that confirms that the Service has been confirmed (the “Service Availed”). The contract for the purchase of a Service between us (Contract) will only be formed when the Invoice is shared.

The Company holds the authority of checking the authenticity of order by call or E-mail. On any dissatisfaction/authenticity/No response from customers of the order being placed, The Company holds the rights to cancel the order.

The Contract will relate only to those Services whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other goods which may have been part of your order until the dispatch of such goods has been confirmed in a separate Shipment Confirmation.

AVAILABILITY OF SERVICES

All orders for Services are subject to availability and in this regard, in the event of supply difficulties or because Services are no longer serviceable, we reserve the right to give You information about substitute Services for another date which You may agree to. If You do not wish to order such substitute Services, we will refund any money that You might have paid into your bank account or as store credit.

PAYMENT GATEWAY

For making all payments for services on the Platform, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.

All the Content displayed on the Platform is subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.

Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platform and whilst feedback and comments by You can be made via the Platform, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Platform. You shall not copy, adapt, and modify any content without written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms of Use. Further, You agrees to hold the Us harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. Your use of the Platform,
2. Your violation of these Terms of Use;
3. Your violation of any rights of another;
4. Your alleged improper conduct according to these Terms of use;
5. Your conduct in connection with the Platform;

You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.

In no event shall we be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

All vehicles registered with the Us are procured from third-party vendors. It is hereby made explicitly clear to you that we do not own any vehicle directly or indirectly nor do we employ any driver for the vehicles or Laborers for loading/unloading of Consignment. Vehicles, drivers, and Laborers are all supplied by third parties and We disclaim any and all liabilities in respect of the Laborers, drivers, and vehicles alike.

1. We are not responsible for any consequences arising out of the following events:
2. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
3. If you have fed incorrect information or data or for any deletion of data;
4. If there is an undue delay or inability to communicate through email;
5. If there is any deficiency or defect in the Services managed by Us;
6. If there is a failure in the functioning of any other service provided by Us.
7. The Company accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Platform or any service availed of by Us through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of the Platform.
8. You agree and acknowledge not to hold us liable for any damage incurred during the shipment of your consignment since we are only a Platform that connects Customers and Truck owners. We do not expressly or impliedly take any liability and disclaim all responsibilities for any damage that may arise during the time of transport, at the time of loading or unloading or any time apart from those.
9. You are to comply with all laws applicable to you or your activities, and with all Policies, which are hereby incorporated into this Terms of Use by reference.
10. The Company expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Company and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms of Use.
11. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
12. That the Customers are required to ensure appropriate Packaging and Labeling of the goods for safe and secure transit of goods
13. Customer are required to ensure that they are not transporting dangerous/hazardous goods which are prohibited by the The Ministry of Road Transport and Highways (MoRTH) or any other relevant body
14. In the event of loss/damage/theft, customers do not have any right to withhold any payment to be made to Trucknetic.
15. The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for the transporting the consignment including invoice, permits are enclosed with the Consignment Note.

• All the payments relating to the shipment are mandated to be routed through Trucknetic and Trucknetic would not be liable for any payment made by the customer directly to the driver or the vendor under whom the driver is employed (through cash or any digital payment methods), and holds the right to claim the pertaining amount of the customer itself.
• In case of overdues from a customer, where the payments are not realized after multiple reminders to the customer, Trucknetic reserves all rights to seek legal intervention for all Civil and Criminal Recovery Matters
• For shipments booked through our platform/Company, the transportation of the shipment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage/loss/ theft/ misappropriation or any insurable loss to/of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered a loss of reputation/goodwill due to your actions of breaching our terms of service.
• For the shipments that are insured on our platform through SecureNow Insurance Broker Private Limited or any other insurance Provider that the Company may partner in the future, the liability of Company is limited to the extent of facilitating communication between the insurer, broker and the insured in case of damage and that the acceptance or repudiation of the claim request is solely the decision of the insurer where the Company plays no role of influencing the decision of the Insurer at any point in time. For more information, please refer to the Insurance Related Terms & Conditions.

• You certify that all statements and information you provide relating to the transportation of the shipment including but not limited to the loading location address (including Pincode), unloading location address (including Pincodes), Commodity, weight of consignment, will be true and correct. In case of any discrepancy or changes in the information, any incidental cost arising out of it will be solely borne by the customer. The Parties shall remain solely liable for any consequences arising out of any false or wrongful declaration by them.
• If any discrepancy in weight is found post acceptance of a shipment and if the actual weight or volumetric weight is greater than the declared weight, then the differential applicable charges shall be collected from the Parties.
• In the event of any consignment being held up by any statutory authorities such as, but not limited to, Goods and Services Tax, Excise, Customs, Check-Post officials, e-way bill, etc., Trucknetic shall not be responsible for any consequential losses or for refund of freight charges.
• Further, the Parties agree to make good to Trucknetic, any losses incurred by it, in the form of taxes/ duties, fines and penalties levied by statutory authorities arising out of insufficiency of documents or wrongful declaration and any claims, if any, from any other entity affected because of delays arising out of issues related to such consignments.
• In the event of detention or vehicle halting arising due customer’s negligence, Trucknetic reserves the right to procure additional halting/detention charges, from the party to compensate the carrier.

TERM

1. These Terms of Use shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Platforms.
2. You may terminate your use of the Platform at any time.
3. We may terminate these Terms of Use and close your account at any time without notice and/or suspend or terminate Your access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
4. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
5. It is also hereby declared that we may discontinue the Services and Platforms without any prior notice.

TERMINATION

1. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Platform, or any portion thereof, at any time, without notice or cause.
2. We also reserve the universal right to deny access to You, to any/all of your affiliates’ access on the Platform without any prior notice/explanation to protect the interests of the Platform and/or other Users to the Platform.
3. We reserve the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
4. You shall continue to be bound by these Terms of use, and it is expressly agreed to by You that You shall not have the right to terminate these Terms of Use till the expiry of the same.

FEEDBACK

The company welcomes your feedback and suggestions for the forum. Email us at support@trucknetic.com  to get in touch with us.

You agree that the company will be free to act on feedback and suggestions you provide, and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

COMMUNICATION

By using this Platform and providing Your identity and contact information to Us through the Platform, You agree and consent to receive e-mails or SMS from Us and/or any of its representatives at any time.

You can report to support@trucknetic.com if you find any discrepancy with regard to Platform or content-related information and we will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be contacted by Us relating to any services availed by You on the Platform or anything pursuant thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to by Us that any information shared by Us shall be governed by the Privacy Policy.

We have the right to use the customer contact information for its own marketing purposes. We may send regular updates to the mobile numbers/email address registered with it.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this Platform and you:

1. Agree to provide genuine credentials during the process whenever required on the Platform. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
2. Agree to ensure the Name, Email address, and any such other information that may be provided and is valid at all times and shall keep your information accurate and up-to-date.
3. Agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
4. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Platform.
5. Authorize the Company to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of User-related options and Services.
6. Understand and agree that, to the fullest extent permissible by law, the Company or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission.
8. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Company. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive content on the Platform.
9. Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Platform, at our sole discretion.

You further undertake not to:

1. Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
7. Violate any applicable laws, rules or regulations currently in force within or outside India;
8. Violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
9. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Platform;
10. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the Company might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. By indicating Your acceptance to use any services offered on the Platform, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
12. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.

• You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Platform without prior intimation whatsoever.

14. You agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
15. belongs to another person and to which you have no right to;
16. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
17. is in any way harmful to minors;
18. infringes any patent, trademark, copyright or other proprietary rights;
19. violates any law for the time being in force;
20. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
21. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
22. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
23. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:

1. If you are in breach of any of these Terms of Use or the Privacy Policy;
2. If you have provided wrong, inaccurate, incomplete or incorrect information;
3. If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Company or such other third party and other distinctive brand features of the Platform/Company are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

You shall not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform/Company, to be determined in the sole discretion.

You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which You can communicate with other users and the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

You are further aware that any infringement of the intellectual property of the aforementioned owners by You will result in legal action being initiated against You by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by You that the contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. You further agree and undertake that you are accessing the Platform at your sole risk and are that you are using the best and prudent judgment before availing of any features on the Platform or accessing/using any information displayed thereon.
2. You agree that any kind of information, resources, activities, recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
3. We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and You hereby expressly accepts any associated risks involved with your use of the Platform.
4. It is further agreed to by You that the contents of this section shall survive even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

In the event of any dispute arising out of or in connection with this agreement, including any dispute relating to the validity of this agreement, the parties shall, at first instance, attempt to resolve the dispute by mediation administered by the Centre for Online Resolution of Disputes (“CORD”) (www.resolveoncord.com) and conducted in accordance with the CORD Rules of Mediation, by a sole mediator to be appointed by CORD.

In the event the parties are unable to resolve any such dispute through mediation within 45 days of the initiation of the dispute, subject to a contrary agreement between the parties, the dispute shall be finally resolved by arbitration administered by CORD and conducted in accordance with the Rules of Arbitration of CORD, by a sole arbitrator to be appointed by CORD. The language of arbitration shall be English. The seat of arbitration shall be Delhi, India.

You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

GRIEVANCE MECHANISM

If you as a customer have any concerns regarding your shipment or any services provided by us, you can write to us at support @ trucknetic.com. A Grievance Officer will respond to your claims within 5-7 working days.

 MISCELLANEOUS PROVISIONS

1. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure at any time to require performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms of Use.
3. Severability: If any provision/clause of these Terms of Use is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
4. Contact Us: If you have any questions about these Terms of Use, the practices of the Platform, or your experience, you can contact us by emailing us at support@trucknetic.com or by writing to us at

Savir Logistics Private Limited

//.A- 326-327, PLOT NO 7, 3RD FLOOR,OUTER RING ROAD, MANGLAM PLACE, VARDHMAN PLAZA, SECTOR-3, ROHINI DELHI – 110085 IN

–        Insurance Terms and Services

This Insurance Related Terms and Services lays down the terms to avail Insurance by the claimants of the Insurance policy holders. The Insurance Partner would hereafter be referred to as the “insurer” and the insurance policyholders would hereafter be referred to as the “Insured”. The company “Trucknetic” would hereinafter be referred to as “us”, “we”, “Our”. WHEREAS the rights and obligations of the insured and the Insurer in consideration for such Insurance in respect of accidental loss or damage occurring during the period of insurance will be laid out hereunder.

The Insurer in this case would be a third party insurance company, and would be responsible to provide for “Marine Insurance”

All insurance policies are availed through SecureNow Insurance Broker Private Limited having registered office at C4/4 Safdarjung Dev Area, New Delhi – 110016.

Phone Number: +91 9696683999.

Email Address: support@securenow.in.

Website: www.securenow.in

Marine Insurance (In Transit Insurance)

Insurer Details:-

Name of the Insurance firm:   Bajaj Allianz General Insurance Company Limited

Registered Office Address:    Bajaj Finserv Building, 1st Floor, Behind Weikield IT-Park, Viman Nagar Park, Viman Nagar, Pune – 411014.

Phone number:                       1800-209-5858/1800-102-5858.

Email Address:                       bagichelp@bajajallianz.co.in.

Website:                                  www.bajajallianz.com

Insurance Proposal from Insurer:

Name of the Plan:       Comprehensive Plan- ITC A

Sum Insured:               Invoice + 10%

Excess/Deductible for each and every loss : 1% of whole consignment value each and every loss

Perils Covered under the Proposal:

• Loading and Unloading
• Handling Losses
• Theft & Malicious damage
• Non-Delivery/Shortage
• Overturning or Derailment of Land
• Conveyance
• Collision
• Fire or Explosion
• Earthquake, Volcanic Eruption or lightning while in Transit
• River or Lake Water entering Cargo
• Hijack & Piracy

How can an Insured opt for In-transit insurance?

An Insured can opt for In transit insurance for a shipment by clicking on the “Include Insurance” toggle on the order review screen on the website/app.

Alternatively, the Insured person placing orders on the platform through an offline channel (offline channel referring to services procured outside website/app, by directly calling the sales/Insured executives or Key Account Managers) can ask the company representative to insure their shipment by procuring in-transit insurance from the Insurance Partner on their behalf.

Liability of Insured in case of Damage

In case of damage in a shipment where the Insured has procured marine insurance on our platform, the Insured is expected to intimate an authorized employee within 12 hours of receiving the shipment with damaged goods through email at support@trucknetic.com

For lodging a claim request, the Insured is expected to provide all pertaining details and documents related to the damaged shipment to our authorized employee of the company including but not limited to Cause of loss, date of loss, estimated value of loss, the current location of consignment with complete address, contact person detail who will assist in the claim settlement process, LR copy, Invoice copy, Photographs/Videos of damaged goods etc.

Our Liability in case of Damage

For the Insured person who have procured marine insurance through our platform, an authorized employee will lodge a claim request with the insurance partner as soon as it receives the intimation on damaged goods from the Insured.

After Lodging the claim request with the Insurer, our responsibility will only be limited to providing further updates from the Insurer to the Insured on the claim status and helping in the survey process initiated by the Insurer to the extent possible.

The Acceptance or repudiation of a claim is solely at the discretion of the Insurer and our platform doesn’t hold the power/right to influence the decision of the Insurance Partner at any point in time

Insurance Claims are subject to the plans opted by the Insured. Please read the policy documents of the Insurer carefully before signing up.

Any fraudulent claims found by the Company or the Insured made by the Customers shall be thoroughly investigated and the Company reserves the right to take any action provided under law including but not limited to filing criminal complaint against the customer, etc.

 For more information, please refer to the Terms of  Service

–        Partner Terms and Services

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://www.trucknetic.com/”, Mobile Application “Trucknetic Partner” and through all offline mediums.

This would be applicable to all “Carriers” or “Service Providers” or Vendors” accordingly, who have signed up on our platform or directly with the Company. By providing your services to us, you have agreed to the terms of Use of our platform, and would be legally bound to the following terms –

1. DEFINITIONS

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:

• “Acceptance” means your affirmative action of clicking on the box against the words “I Accept” provided at the end of the Terms of Use, by which action, you unequivocally accept the Partner Terms and Conditions and any modifications thereof.
• “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

Would be guided as per the Terms of Use of the Platform

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:

1. 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.
2. 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.
3. 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.
4. 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.
5. All licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.
6. The appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.
7. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.
8. 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.
9. 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:
  
  

6. RELATIONSHIP

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.

7. SUB-CONTRACTING

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.

8. ASSIGNMENT

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.

10. INDEMNIFICATION
11. 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.
12. 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.
13. 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.
14. 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.
15. 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

1. Force Majeure Event:

“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:

1. acts of God, flood, drought, earthquake or other natural disaster
2. epidemic or pandemic.
3. 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.
4. nuclear, chemical or biological contamination or sonic boom.
5. 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.
6. collapse of buildings, fire, explosion or accident.
7. 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).
8. non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause). And
9. interruption or failure of utility service.
   
   
10. 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.

1. Obligations of an Affected Party:

The Affected Party shall:

1. 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
2. Use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.
   
   
3. 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.

13. SURVIVAL

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.

15. WARRANTIES
16. 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.
17. 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.
18. 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
19. 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.
    
    
20. SEVERABILITY

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.

18. WAIVER

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.

19. DISCLAIMER
20. 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.
21. 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.
22. 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
23. 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.
    
    
24. ANNEXURE A

Details of Vendors, Vehicles and Drivers with No Objection Certificate. Documents Required:

For Vendor KYC:

1. Company PAN Card Copy /Individual Pan Card, as applicable
2. Aadhar Card Copy or any other Proof of Identity
3. GST registration Certificate or any other Proof of Office Address
4. Bank account Details
5. TDS Declaration Certificate , if applicable
6. 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