Terms and
Conditions & Privacy Policy – Driver
1.
Introduction
1.1.
This
document sets out the Terms and Conditions (“Terms”) for you to access
the portal available at the application named Icargo4U available on
AppStore and Google Play, any other digital services or
facilities operated by IndusPac Infinity Solutions Private Limited (the “Company”),
including accessing any products, services, applications
or features offered by the Company (together referred as the “Application”).
1.2.
The
Application is owned and operated by the Company, a private limited company
incorporated under the Companies Act, 2013 with its registered office at Plot
No. 6, Khasra No. 20, Nangli Sakrawati, Najafgarh, New Delhi – 110043, India.
1.3.
These
Terms apply to you, the driver who has been engaged by a cargo truck company or
an independent truck owner and driver who has registered with us to transport a
customer’s cargo/goods pursuant to the Application.
1.4.
The
terms “we”, “us” or “ours” mean the
Company / Icargo4U. The terms “you”
and “your” mean the driver who is carrying
out cargo transportation services for a customer.
1.5.
Before
proceeding to use the Application, please read these Terms (which includes the
Privacy Policy) carefully. By using the Application, you agree to and accept
the Terms. If you do not agree to Terms or Privacy Policy, please immediately
terminate use of the Application and contact your
cargo truck company.
1.6.
Subject
to the Terms, the Company allows you to access and make use of the Application.
If you do not agree with these Terms, you may
not use the application.
2.
Scope and applicability of these Terms
2.1.
You
are a driver who has been engaged by a cargo truck company or are an
independent truck owner and driver who has registered with us (the “Service
Provider”) to carry out cargo transportation services for a customer. To be
able to provide these services on behalf of the Service Provider or yourself,
you need to download and use the Application for the entire duration of the
trip.
2.2.
Your
use of the Application during the trip signifies your acceptance of all the
terms and conditions contained within the Terms posted to the Application at
the time of your use. You may use the Application, access its features, etc.
only in accordance with and subject to the Terms and all applicable laws.
2.3.
You
will be responsible for reviewing the Terms posted to the Application before
each trip.
2.4.
These
Terms may be amended by us at any time, from time to time, at our sole
discretion. We encourage you to check this page before each trip you undertake for
modifications or revisions to the Terms. We will not be responsible for your
failure to remain informed about such changes.
2.5.
Should
these Terms conflict with additional terms and conditions, if any, applicable
to specific portion(s) of the Application, such additional terms and conditions
will prevail for the purpose of usage of such specific portion(s) of the Application.
3.
Use of the Application by you
3.1.
To be able to drive the truck and provide cargo
services on behalf of the Service Provider, we have been provided with your
details such as name, contact number,
driving license number and date of birth, as also a copy of the aadhaar card and driving license by either your employer (i.e.
the cargo truck company) or yourself (as the case may be).
3.2.
You will be required to log into the Application
using your mobile number before you start any trip for the customer. You can only use the number provided
to us by the Service Provider for logging into the Application.
3.3.
We
will send you an OTP on your registered mobile number after you log into the
Application. You will be required to input this OTP (which will be valid for a
specified period) into the Application at the time of starting the trip. Once
the OTP is input by you, your trip will have commenced.
3.4.
We need
to be able to track your location till you complete the trip. For this, you will need to
keep location services activated on your mobile phone at all times during the
trip.
3.5.
Once
you have completed the trip, you will be required to confirm the same on the
Application. Once you provide your confirmation, we may send you another OTP
(depending upon the type of service) which you will be required to input into
the Application. The completion of the trip will be verified by the customer as
well.
3.6.
In
case the customer claims that there has been any damage or theft to their cargo
during the trip, they will inform us of the nature and extent of such damage or
theft. We will ask you to fill a form on the Application confirming the details
of theft or damage stated by the customer, which we will share with the
customer for their confirmation, denial or comments.
4.
No payment due to you by the Company
or customer
4.1.
We
will not make any payments to you for the trip unless you are the truck owner and also the driver. Your terms of engagement and payment
terms are exclusively and entirely with the Service Provider, for which
separate terms have been executed between the Company and the Service Provider.
In case you are the Service Provider, please refer to the Service Provider
Policy for the payment terms and mechanism.
4.2.
The
customer will also not make any payments directly to you unless it is a cash
payment for short distance express service (Xpress). You agree to
not ask or compel or force the customer to make any payments to you including
any tips. If the customer voluntarily gives any gratuities or tips to you, you
can accept such payment.
5.
Your obligations towards the Company
5.1.
You represent and warrant that:
(a)
You are competent to contract under Indian law;
(b)
The information provided by
you, whether for the purposes of registering on the Application or otherwise,
is accurate, true, current and complete;
(c)
You have
all necessary and valid licenses and authorizations that enable you to drive
light / intermediate / heavy commercial vehicles;
(d)
The
truck you will be plying for the purpose of the trip
is fit for the purpose and has valid permits to provide cargo transportation
services and that you have all rights, licenses and permits under applicable laws
to perform the services;
(e)
You will maintain all local licenses, permits,
approvals and consents in respect of the truck and remain responsible and
liable for any violation of any law, rule or regulation in the performance of your
obligations under this policy;
(f)
There is no law, contract, any order or judgment of any court or other agency which prevents or
prohibits you from providing cargo transport services or conflicts therewith or
materially affects your obligations herein; and
(g)
You will perform the cargo transport services in
accordance with all applicable laws, and you are liable for any violation
thereof.
5.2.
You
agree and warrant that you shall not:
(a)
violate any applicable
local, state and central laws, statutes, ordinances or regulations while using
the Application or rendering cargo transport services to the customer (including, without limitation, those governing
export control, consumer protection, unfair competition, anti-discrimination or
false advertising);
(b)
provide incomplete,
inaccurate, untrue or unauthorized information while submitting any information
on the Application;
(c)
impersonate any person or
entity, real or fictitious, while using the Application or rendering the services;
(d)
resell
or assign your rights or obligations under these Terms;
(e)
make
any unauthorized commercial use of our data, content or information on the
Application;
(f)
interfere with the use of
the Application by others or interfere with the operation of the Application;
(g)
use the Application in any
manner which is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libellous, hateful, racial or otherwise objectionable;
(h)
link
directly or indirectly to or include descriptions of goods or services that are
prohibited under the prevailing law;
(i)
upload, post or otherwise
make available in the Application any material, which infringe or otherwise abet or encourage the infringement
or violation of any third
party intellectual property rights or privacy rights or
any other third party rights;
(j)
unless otherwise permitted,
use the Application for any promotional activities or advertisement purpose or
to send unsolicited communication (including spams, bulk mails, messages, etc.);
(k)
upload, post or transmit any
content that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer;
(l)
use any hardware or software
intended to surreptitiously intercept or otherwise obtain any information (such
as system data or personal information) from the Application; and
(m)
modify or make any
alterations, additions or amendments to the
Application.
5.3.
You shall not
directly or indirectly engage in any conduct averse to the best interests of
the Company.
5.4.
You understand
that you are not, nor are you deemed to be, employees / workers of the Company.
6.
Your obligations towards the
customer and their cargo
6.1.
You are fully and completely responsible for the
customer’s cargo, and agree to complete the trip in a
timely and proper manner.
6.2.
You shall provide the services
to the customer with due care, skill and diligence,
and in compliance with all applicable laws. You shall ensure that you shall
provide the services to the best of your ability, in accordance with applicable
laws and while exercising the same or similar degree of skill, diligence, prudence and
foresight which would reasonably and ordinarily be expected from a skilled and
experienced person engaged in same type of undertaking and under the same or
similar circumstances and conditions. You will follow all rules, laws and policies applicable to you and your truck while
performing the services.
6.3.
You
are responsible and liable to the customer for the completion of the Services and
delivery of all cargo. We are not responsible for, nor do we make any
representations or warranties with respect to the completion of delivery or
estimated delivery time or schedule of delivery.
6.4.
You are
liable for any delay or loss or damage to cargo for any reason whatsoever
(whether caused due to negligence, force majeure events, or otherwise).
6.5.
You are liable for any losses or damages, direct or
indirect, that may be caused to the customer or their cargo or any third person
or thing, whether during transit, loading, unloading or otherwise, as per
applicable law. This includes any guarantee the safety of the cargo or the
degree of care required to be exercised by you or your employees, drivers, manpower,
laborers, workmen or any other person acting for you or on your behalf.
6.6.
You will maintain confidentiality of all customer-related
information provided to you pursuant to these Terms, and
will not sell or make this information available to third parties without the
prior written consent of the customer.
6.7.
You will not contact customers
after completion of the trip. In case you are the Service Provider (i.e. an independent truck owner and driver), you can only
contact a customer in case of a payment dispute on terms recorded in Service
Provider Policy.
7.
Disclaimers and limitation of
liability
7.1.
All
information on
the Application is provided in good faith and we do not make any
representation or warranty on its accuracy, adequacy, validity, suitability,
reliability or completeness on the Application for this purpose.
7.2.
All content on the Application
is on an “as available” and “as is” basis and we grant no warranties of any
kind, whether express, implied, statutory or otherwise
with respect to the Application or any of the information or content contained
therein. We specifically disclaim any implied warranties of fitness for a particular
purpose or non-infringement.
7.3.
Provision of the Application will be made in
accordance with these Terms. We make no guarantee as to quality of the
products, services and features available on the Application on a 24x7 basis,
and make no promise of providing uninterrupted access to the Application.
Disruptions may arise due to technical or operational difficulties, and no
prior notice of downtime will be given to you in such circumstances.
7.4.
We
do not accept any responsibility for the content, accuracy
and conformity to applicable laws of any material available on the Application
which is submitted by third parties. You
acknowledge and agree that such information and material is not created or
endorsed by us.
7.5.
The provision of third party
content on the Application, if any, is for general informational purposes only
and does not constitute a recommendation or solicitation to purchase or sell or
to make any other type of investment or investment decision. In addition, the third party content is not intended to provide any legal or
investment or other advice. The Application
may also contain links to other websites on the internet. You acknowledge that
we have no control over such websites and that we are not responsible for the
accuracy, content, legality or any other aspect of any
linked website. Such third party websites are governed by
their respective privacy policies which are beyond our control. Once you leave
our servers, use of any information you provide is governed by the privacy
policy of the operator of the third party websites
that you are visiting. In no event shall any
reference to any third party, third party website or
third party product or service be construed as an approval or endorsement by us
of that third party, third party website or of any product or service provided
by a third party.
7.6.
We do
not make any warranties or assurances to the customer with respect to the
completion of the delivery or estimated delivery time or schedule of delivery. We
are not liable or responsible for any delay to cargo or loss or damage to
cargo for any reason whatsoever (whether caused due to negligence, force
majeure events, or otherwise), nor are we liable for any direct, special,
incidental, or consequential damages, including damages relating to loss of
profits, whether or not such damages were reasonably
foreseeable. Any liability on account thereof will vest solely on you and your
cargo truck company.
7.7.
We
have no control over information related to cargo, the customer
and specifics of the Services. We are not responsible for the accuracy,
content, legitimacy, legality or any other aspect of
any information provided by third parties including the customers.
7.8.
You and
your cargo company shall be solely liable for all offences and penalties
relating to the Services.
7.9.
We have informed the customers that they cannot
transport hazardous or illegal goods / articles / substances for shipment
though our Application. However, we do not conduct any
physical inspection of the cargo sought to be shipped. The customer is solely responsible
for the veracity of their declarations made on the Application in this regard.
We disclaim all liability for any losses or damages, whether direct, indirect,
incidental, consequential or otherwise caused to any
parties, including you, due to the nature of the goods or otherwise.
7.10.
You
are not an employee or agent of the Company. The terms of your engagement (including
any payment for your services) are exclusively and entirely with the Service
Provider.
7.11.
You
will not be entitled to any payment or remuneration, either from the Company or
the customer.
7.12.
You
assume all the responsibilities and risk for the use of the Application,
services offered therein and the Internet in general. Under no circumstances
shall the Company or its affiliates, directors, employees, consultants,
agents, etc. be liable for any direct, special, indirect, or consequential
damages or any damages whatsoever, including but not limited to loss of use,
data, or profits, without regard to the form of any action, including but not
limited to contract, negligence, or other tort actions, arising out of or in
connection with the use, copying, or display of the content resulting from
access to or use of this application, or the internet generally.
7.13.
We are only an intermediary which provides an
electronic market place to connect the Service
Provider to the customer. We assume no responsibility or liability in this
regard. You agree that you will not
attempt to, or actually, make any claim against the Company,
its employees, officers, agents, directors, partners, associates,
representatives, workmen in connection with transportation services performed
by you through the Application.
7.14.
We are not liable for any claims
or demands raised by any third-party in respect to the truck utilised by you
for the services. We may or may not verify the details of the trucks used by you.
In case of any claims, whether as to the title of the truck or otherwise, we shall
not be held responsible for the same.
7.15.
You shall be liable to
indemnify us in case of the loss of our brand value, goodwill, loss of
business, direct or indirect claims, claims from accident and / or offenses
under applicable laws, etc. during the term of these Terms and arising due to
the direct or indirect acts of yours.
7.16.
You understand
and agree that any information and / or material and / or goods and / or services
you obtain through the Application is at your own discretion and risk, and that
you shall be solely responsible for any damage(s) and / or cost(s) and / or any other consequence(s)
resulting from any transaction.
7.17.
We do
not make any representations or warranties of any kind, express or implied, as
to the operation of the Application. We disclaim any warranties and do not make any representations or guarantees
that all the functionality contained in the Application will be error-free or
uninterrupted; that
the Application will be secure; that the Application or the server that makes
the Application available will be virus-free; or that any defects will be corrected timely. We also do not make
any representations that the information on the Application will be accurate,
complete, correct, adequate, useful, timely, reliable
or otherwise. If
you download any content (i.e. any information, text,
graphics, drawings, videos, images or other materials shared, posted or
uploaded) from the Application, you do so at your own discretion and risk. You
will be solely responsible for any damage to your computer system or loss of
data that results from such download. No advice or information obtained by you
from the Application shall create any warranty of any kind.
7.18.
We make no representations or warranties of any
kind, whether express, implied, statutory or otherwise regarding the Services
or third party content, and disclaim all warranties,
including any implied or express warranties of (a) merchantability,
satisfactory quality, fitness for a particular purpose, non-infringement, or
quiet enjoyment; or (b) arising out of any course of dealing or usage of trade.
7.19.
We reserve the right to restrict or terminate your
access to the Application or any part thereof at any time.
7.20.
Neither
us nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and
materials found or offered on the Application for any particular purpose. You
acknowledge that such information and materials may contain inaccuracies or
errors and we expressly exclude liability for any such inaccuracies or errors
to the fullest extent permitted by law.
7.21.
While we
shall take all reasonable efforts for data backup and business resumption, you
will be solely responsible for retaining back-up copies of all information,
photographs and other materials furnished / submitted to by you on the
Application. We may also suspend the operation of the Application for
support or technical upgradation, maintenance work, etc. in
order to update the content or for any other reason.
7.22.
We
do not warrant that the information and content on the Application will remain
unchanged or accessible. We reserve the right to alter, modify, discontinue or remove any content without notice.
7.23.
We make no claims regarding access or use
of the Application outside India. If you use or access the Application outside
India, you do so at your own risk and are responsible for compliance with the
laws and regulations of your jurisdiction as well as these Terms.
7.24.
You
acknowledge and agree that you assume full responsibility for your use of the
Application and / or any content or information contained therein. You
acknowledge and agree that your use of the Website is at your own risk. Recognizing
as such, you acknowledge and agree that, to the fullest extent permitted by
applicable law, neither the Company nor its affiliates, employees, directors,
agents, consultants, officers,
partners, associates, representatives, workmen etc. will be liable for any direct, indirect, punitive,
exemplary, incidental, special, consequential or other damages arising out of
or in any way related to (i) the Application; (ii)
any action we take or fail to take as a result of communications you send to
us; (iii) any delay or inability to use the Application or any information,
products or services advertised in or obtained through the Application; (iv)
the modification, removal or deletion of any content; (v) any use of the
Application, whether based on contract, tort, strict liability or otherwise; or
(vi) any loss of data, income, profit or savings due to use of the Application.
7.25.
This
disclaimer applies, without limitation, to any damages or injury arising from
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, file corruption,
communication-line failure, network or system outage, loss of profits by you,
or theft, destruction, unauthorized access to, alteration of, loss or use of
any record or data, and any other tangible or intangible loss. Your remedy for
any of the above claims or any dispute with us is to discontinue your use of
the Application.
7.26.
Notwithstanding any of the foregoing, the Company’s maximum
liability to you in any event, including any failure by the Company under these
Terms, shall be restricted and limited to a maximum
amount of INR 500 in the aggregate. There will be no limitation of liability on
your part at any point of time due to any indemnity provisions, as contained in
these Terms.
8.
Intellectual Property
8.1.
The Application contains copyrighted material,
trademarks, proprietary information and other intellectual property owned by the
Company or our collaborators / consultants / affiliates / service providers
including, without limitation, (i) our trademarks,
service marks, logos, brand names, trade names and other distinctive
identification; and (ii) information, data, texts, materials, interfaces,
computer code, databases, products, services, software applications and tools,
text, images, photographs, audio and video material including artwork, and
(iii) the design, structure, selection, compilation, assembly, coordination,
expression, functionalities, applications, look and feel, and arrangement of
any content contained in or available through the Application ((i) (ii) and (iii) are collectively referred as “Content”). The
Content is the property of the Company and / or its collaborators / consultants
/ affiliates / service providers and is protected by law including laws
relating copyright, trademark and other intellectual
property rights.
8.2.
No title to or ownership in
the Content and such copyrighted material, trademarks, proprietary information and other intellectual property will be
transferred to you. All intellectual property rights, including all applicable
rights in patents, copyrights, trademarks, including to content, images,
photographs, animations, video, audio, text and
applets, etc. incorporated in the Application, remain with us.
8.3.
You agree not to extract, modify
or sell any copyrighted material, trademarks, proprietary information and other
intellectual property available on the Application. Access to or use of the Application
does not confer and should not be considered as conferring upon anyone any
license to our or any third party’s intellectual property rights.
8.4.
We reserve the right in our discretion to remove any
content from the Application, and pursue any other
remedy or relief available under equity or law.
9.
Privacy Policy
9.1.
When
you use the Application, we collect some information from you. We are committed
to protecting the security of your information and safeguarding your privacy
while you use our Application. This Privacy Policy sets
out the manner of collection, handling, usage, disclosure
and transfer of your personal information as may be made available on or
through the Application.
9.2.
By
accessing the Application, you consent to collection, storage, and use of the
personal information you provide (including any changes thereto as provided by you)
for any of the services that we offer.
9.3.
This
Privacy Policy may be amended by us at any time, from time to time, at our sole
discretion. We encourage you to check this page periodically for modifications
or revisions to the Privacy Policy. We will not be responsible for your failure
to remain informed about such changes. By continuing to access and use the Application
after any such changes are posted, you will be deemed to have accepted such
changes.
9.4.
Collection of Information: When you use the Application, we collect and
store your information which is provided by you from time to time. This
includes the information provided to us by your cargo company such as your name,
phone number, aadhar card and license details, and also your location details during a trip.
9.5.
Our
goal in collecting and storing personal information is to provide you a safe,
efficient, smooth and customized experience. This
allows us to provide services and features now and in the future that most
likely meet your needs, the customer’s needs and to customize our Application to make the experience safer and easier for you
and the customer.
9.6.
We
may track certain information about you based upon your behavior on the Application.
We use this information to do internal research to better understand, protect
and serve our users.
9.7.
We
may occasionally conduct optional online surveys. These surveys may ask you for
contact information and demographic information (like pin code, phone number,
or address). Once you choose to participate in such surveys, you agree to our
usage of the data you provide to tailor your experience, provide you with
content that we think you might be interested in and to display content
according to your preferences.
9.8.
Cookies are currently activated on the Application. Cookies are pieces of information that are
automatically stored in an individual’s computer or mobile device after the use
of the Application. We may use cookies to enable tracking of information
provided to us by you. These cookies do not contain any viruses and are used
for security and customization purposes. It is upto
you whether to allow or reject cookies. If you reject cookies, you may not be
able to have access to some of the features or the services offered on the Application.
9.9.
You will need to keep
location services activated on your mobile phone while using the Application. You
will also need to allow us to track your location in background when you are
not actively using our app. We do not store your location history and only use your
last coordinates to track the vehicle/cargo. For more information on this,
please watch our video at https://youtu.be/hV0fJefFi4w. We need such access to enable
the customer to search / locate and track the truck that is carrying out the
Services. By providing the Services, you consent to our using and retaining information
that allows us access to your location (including IP address, geo-location
information, GPS, etc.) which we access from your mobile phone.
9.10.
We
will ensure the confidentiality and security of the information collected; and
store, use, process, and transfer such information as prescribed under this
Privacy Policy, by implementing comprehensive information security practices
and standards as may be mandated and on terms described herein.
9.11.
We
use commercially reasonable efforts to secure your personal information from
unauthorized access, use, or disclosure. Our
Application has security measures in place to protect
the loss, misuse, and alteration of the information under our control. Whenever
you change or access your account information, we offer the use of a secure
server. Once your information is in our possession we adhere to strict security
guidelines, protecting it against unauthorized access.
9.12.
Use of Information: We do not sell any personally
identifiable information to any third party (public / private). We will not use
your personal data or information without your prior consent, except for the
following purposes:
(a)
To verify certain information provided to us by your
cargo company at the time of registration, such as your license, aadhaar, etc.;
(b)
To enable you to provide the Services to the
customer, which will include sharing your data and information with the customer;
(c)
To
resolve disputes, troubleshoot problems, help promote a safe service experience,
collect money, measure interest in our products and services, inform you about
potential online and offline offers, products, services, and updates, customize
your experience;
(d)
To detect
and protect us against error, fraud and other criminal activity, enforce our
terms and conditions;
(e)
To
measure our performance and develop new products, services and / or features
over the course of time;
(f)
To
maintain and improve the Application;
(g)
We
may share your personal information with our officers, employees, personnel to
the extent necessary to provide the service;
(h)
We
may share personal information with other corporate entities and affiliates to
help detect and prevent identity theft, fraud and other potentially illegal
acts, correlate related or multiple accounts to prevent abuse of our services,
and to facilitate joint or co-branded services to the customer;
(i)
We
and our affiliates will share some or all of your
personal information with another business entities that we (or our assets)
plan to enter into business with, merge with, or be acquired by that business
entity, or re-organization, amalgamation, restructuring of business. In case such
a transaction occurs, we will make best efforts to ensure that the other business
entity (or the new combined entity) will be required to follow this Privacy Policy
with respect to your personal information;
(j)
We may
use your contact details to send you promotional content, seek feedback from
you, etc.;
(k)
We
will share your personal information without notice if required to do so by law
or in the good faith belief that such action is necessary to: (i) conform to the edicts of the law or comply with any
legal requirement; (ii) respond to subpoenas, court orders or other legal
processes; (iii) protect and defend our rights or property and (iv) act under
exigent circumstances to protect the personal safety of our users or the
public;
(l)
We
may also disclose your personal information to law enforcement offices, third
party rights owners, or others in the good faith belief that such disclosure is
reasonably necessary to enforce our terms, respond to claims that an
advertisement, posting or other content violates the
rights of a third party, or otherwise protect the rights, property or personal
safety of our users or the public; or
(m)
As
otherwise described to you at the time of collection.
9.13.
We
retain all the information we gather to make the repeated use of the
application by you more efficient, practical and
relevant. You can request access to your personal data and information stored
with us by writing to us at support@indusinf.com for this purpose. We reserve the right
to verify and authenticate your identity and personal information to which you
have requested access.
9.14.
Access
to or correction, updating or deletion of your personal information may be
denied or limited by the Company if it violates another person(s) rights in our
view and/or as otherwise permitted by applicable law.
9.15.
We
will continue to store your personal information until you explicitly request
us to change or remove your personal data. This is the case even if you delete
your account on the Application. If you wish to delete your personal
information or close your account or account profile information altogether,
please contact us at support@indusinf.com. Upon receiving such a request, we
will delete all your personal information and data within a reasonable period of time and confirm the same to you by sending an
email on the email address you provided as part of your account. Please note
that, even in this case, the Company will retain an archival copy of the data
which is not accessible by you or third parties on the Internet. This archival
copy is retained as long as the Company reasonably considers necessary for audit and record
purposes, and in compliance with applicable law. We will also retain logs,
demographic, indirect, and statistical information that may relate to you but
do not identify you personally. If your personal information was previously
accessed by others using our Application, we are not
able to delete the information or copies thereof from their systems.
9.16.
We
retain communication done with you through email or chat for our records.
9.17.
If
at any time you believe that we have not adhered to this Privacy Policy, please
notify us by email at
9.18.
If
you have any concerns or questions in relation to this Privacy Policy, you may
address them by email to us at support@indusinf.com.
10.
Indemnity
10.1.
You hereby agree to keep and hold the
Company, its partners, employees, directors, consultants, affiliates, officers,
agents, successors and assigns, fully indemnified and
harmless from and against all liabilities, losses, claims, damages, costs,
penalties and / or expenses (including reasonable attorney fees) arising out of
or in relation to:
(a)
any claims of whatsoever nature made by a
customer or any other person in relation to the services rendered by you,
including for any damage / loss / theft / misappropriation of the cargo;
(b)
the use of the Application by you or your
breach of this policy or any applicable law; and
(c)
any fault attributable
to you or your employees, consultants, agents, workmen, etc.
11.
Confidentiality
11.1.
All information, whether verbal or
written, disclosed to you which belongs to us and our affiliates, is
confidential. This includes details of the users of the Application, phone numbers,
market information, all work products and related
documents; the contents of the Application, and any other information received
or to be received by you.
11.2.
You agree to keep all the above
information confidential and not sell or make this information available to
third parties, including any party in the same or similar business as the
Company.
11.3.
Your breach of this, or any other
obligation under these Terms, will entitle us to claim direct and indirect damages that we may suffer due to such breach.
12.
Term and termination
12.1.
We may, in our sole discretion, terminate
or suspend your access to all or part of the Application for any reason
whatsoever including without any prior notice / explanation in this regard. We
will not be responsible or liable for any damages in this regard. The
termination of these Terms will not affect any rights or liabilities that may
have arisen prior to the date of termination.
12.2.
We have the right to temporarily
or permanently terminate your access to the Application for any reason
whatsoever including, without limitation, the following:
(a)
If you have provided any false
information in connection with your account or otherwise;
(b)
If you are engaged in fraudulent or
illegal activities;
(c)
If you have breached any provisions of these
Terms;
(d)
If you use the Application to send spam
messages or threatening messages;
(e)
If you impersonate or unlawfully use
another business’s name to post information or conduct business of any form; or
(f)
If you have engaged in any unauthorized
access, use, modification, or control of the Application’s data base, network or related services.
12.3.
If we terminate your membership, you
will not have the right to re-enroll or join the Application under a new
account or name unless we formally invite you to do so.
13.
Governing Laws and Dispute
Resolution
13.1.
This
policy shall be governed by the laws of India and courts in Delhi shall have
jurisdiction.
13.2.
Any
dispute arising out of or in connection with this policy, including any
question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration to be conducted
in accordance with the Arbitration and Conciliation Act, 1996 as amended from
time to time. The seat of the arbitration shall be New Delhi. The tribunal
shall consist of one arbitrator. The language of the arbitration shall be
English. The arbitral award shall be final and binding on the Parties and may
be enforced by any court of competent jurisdiction.
14.
Force Majeure
14.1.
Neither us nor our affiliates,
consultants, employees, agents, directors, etc. will be liable for any failure
or delay to perform any obligation under this policy where the failure or delay
is a result of any cause that is beyond our reasonable control, including act
of war, acts of God, earthquakes, fires, floods, storms, other elements of
nature, labour or other industrial disputes,
blockages, embargoes, electrical or power outages, utilities or other
telecommunications failures, or governmental acts, acts of terrorism, or
to any pandemic related regulatory / governmental acts.
15.
Miscellaneous
15.1.
You
may not assign or otherwise transfer your rights or obligations under these Terms.
We may assign our rights and duties under these Terms without any such
assignment being considered a change to the policy and without any notice to
you.
15.2.
Any
notices or other communications that you wish to send to us may be addressed to
support@indusinf.com.
All such communications and notices must be in the English language.
15.3.
These Terms (together with all
disclaimers and liabilities you accept at any stage while using the Application)
constitute the entire agreement between the Company and you with respect to the
use of the Application.
15.4.
Our
failure to enforce any provision of this policy or to respond to a breach by
you shall not constitute a waiver of our right to enforce such terms or
conditions or to act with respect to similar breaches in the future.
15.5.
Nothing
in these Terms shall constitute any partnership or agency, joint venture,
employer-employee or any other relationship between the Company and you. The
terms of your engagement or employment are between you and your cargo company.
We have no role or involvement in the same.
15.6.
If
any provision of these Terms is held to be invalid by any law / regulation /
any court or arbitrator, such provision will be replaced with a new provision
that accomplishes the original business purpose, and
be severed if such replacement is not possible. In such an event, all other
provisions of this policy will remain in full force and effect.
15.7.
We have no liability to you for any
interruption or delay or failure in accessing the Application irrespective of
the cause.
16.
Contact us
16.1.
If
you have any questions or suggestions regarding these Terms policy, please
contact us at support@indusinf.com.
16.2.
Should
you have any complaints regarding the Application, including but not limited to
abuse and misuse of the Application, copyright infringement and the like, or
any issues related to data privacy please report the same to support@indusinf.com. You will be required to provide
your name, email address, physical address, contact numbers and a clear
description of the complaint, so that we may be in a position
to verify details or check the authenticity of the complaints.