IndusPac Infinity Solutions Pvt. Ltd.

Terms and Conditions – Customer

Introduction

This document sets out the Terms and Conditions (“Terms”) for you to access the portal and services available at the application named Icargo4U available on AppStore and Google Play, related social media sites, 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”).

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.

These Terms apply to all users of the Application and by accessing or using the Application, you agree to comply with and be bound by these Terms.

The terms “we”, “us” or “ours” mean the Company / the Application. The terms “you” and “your” mean the users of the Application, i.e., all customers whether prospective or existing.

Before proceeding to use the Application, please read these Terms (which includes the Privacy Policy) carefully. By visiting 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.

Subject to the Terms, the Company allows you to access and make use of the Application. These Terms constitute an electronic contract between the Company and you. If you do not agree with the contract, you may not use the application.

Scope and applicability of these Terms

Your use of the Application signifies your acceptance of all the terms and conditions contained within the Terms posted to the Application at the time of your use. You will be responsible for regularly reviewing the Terms posted to the Application.

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 periodically for modifications or revisions to the Terms. We will not be responsible for your failure to remain informed about such changes.

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.

General

You may use the Application, access its features and subscribe to and use the products and / or services offered therein only in accordance with and subject to the Terms and all applicable laws.

These Terms constitute a valid and binding agreement between the Company and you, and are enforceable against you. If it is discovered or brought to our notice that you cannot form legally binding contracts, we reserve the right to refuse to provide you with access to the Application.

Application’s overview, user registration and payment

Registering on the Application

Through the Application, you can book the services of a cargo truck either for an immediate / express requirement (for a light commercial vehicle of less than 2.5 tons) or for a later date for longer interstate services (for intermediate commercial vehicles or heavy commercial vehicles) (together the “Services”). The Company will provide the Services through cargo service providers onboarded with us for this purpose (“Service Providers”).

To avail the Services on the Application, you will first need to create a profile by providing your information such as name, address, contact number and GST number (if applicable). Once you provide this information, we will verify the details to the extent permissible by law and create a profile for you. You agree to provide accurate, current and complete information during the registration process and to regularly update such information as needed. Once your profile is created and activated, you will be able to request for the Services on the Application. We will assign a user-id and password to you, which you can use to log into and access your Account.

Once your profile is activated, you become a member of the Application. Upon this, you will automatically enter into a contract with the Company. You acknowledge that you have read and accepted the Terms, which will apply to your use of the Application and any services offered therein. By registering as a user on the Application, you expressly agree to receive promotional content from us by mail / email, WhatsApp message or SMS, from time to time. If you wish to not receive such promotional content / notices, you may notify us at support@indusinf.com.

Making bookings and availing Services on the Application

In case you require Services for an immediate requirement, we will automatically give you the lowest quote for a light commercial vehicle from the Service Providers registered with us. Only the quoted price will be provided to you at this stage. Please note that taxes and any other applicable extra charges will be payable in addition to the quoted price. If you select the quote, the Service will automatically be assigned to this Service Provider. If you reject this quote for any reason, we may provide you with the next lowest quoted truck. You will be provided details of the Service Provider (and the Service Provider will be given your details) once the booking is confirmed by both parties. Typically, you will be asked to make payment for these Services at the completion of the trip. You can make the payment either on the Application or by cash. Please note that we do not carry any cargo with a declared value exceeding INR 49,999 (Indian Rupees Forty-Nine Thousand Nine Hundred and Ninety-Nine) in this category.

In case you wish to book the Services for a later date for longer interstate services, you can do so by filing in the requisite information including the origin, destination, details of the cargo, date of delivery, contact details. Your Service request will be shared with the Service Providers registered with us, who will then provide a quote for the Services. You can accept or reject the quotes. Once both you and the Service Provider have accepted the Service request, you will be asked to pay 50% of the accepted quote amount – this payment can only be made on the Application. After we receive the applicable payments from you, your booking will be confirmed and your details will be shared with the Service Provider (and the driver who will carry out the Services). We will also share the Service Provider details with you after such confirmation. Prior to this stage, all information is anonymized. The balance 50% charges together with applicable taxes and any other applicable extra charges will be payable at the completion of the trip – you can choose to make this payment either on our Application or in cash.

For the purpose of registering on the Application, the Service Providers provide the Company with information such as details of their trucks and drivers who are employed by them. While we try our best to verify such information to the extent permitted by law, this verification is carried out by us only at the time of registration of the Service Provider on our portal. We do not carry out routine checks in this regard and any change in truck or driver information is the Service Providers’ responsibility and liability. The Service Providers may also change the vehicle during the transportation journey for any reason including that the cargo needs to be transferred to a bigger truck for some reason (which bigger truck may not be exclusive to your cargo) – we may not be able to monitor these bigger trucks and you and the Service Providers will be entirely responsible for your cargo in all respects. You acknowledge that we have limited control over information related to the Service Providers, the drivers and the trucks, and that we are not responsible for the accuracy, content, legitimacy, legality or any other aspect of any information provided by third parties including Service Providers.

If you do not take delivery of your goods or your cargo remains undelivered due to any reason such as wrong or incomplete address provided by you or refusal by the recipient to pay any applicable duties / taxes / charges or on account of your cargo containing prohibited items or if the packaging of a consignment is damaged to the extent that repacking is not possible resulting in non-delivery or the consignment is found as likely to cause damage to other goods or cause injury to individuals, you shall nonetheless remain liable to pay all amounts due from you to us including freight charges, applicable taxes, and all other dues and charges.

In the event of non-delivery of a shipment, you can opt for the shipment to be returned at the address from which it was picked up. You cannot intimate a different address for this purpose and we will not entertain any requests in this regard. You will be liable to pay return charges and any related delays. If we are unable to return the shipment due to reasons attributable to you or due to any reason beyond our control, we reserve the right to release or dispose of the shipment without incurring any liability / penalty whatsoever in this regard. Further, we will bear no liability for the same towards you or anyone acting for you or on your behalf or to any third party.

Terms related to payment for the Services and insurance of your cargo

We provide a payment gateway on our Application to enable you to pay for the Services. You can either make the payment for the Services inclusive of applicable taxes on our Application (in which case no payment will be made directly to the Service Providers or any of their employees, agents, workers, managers, consultants, partners, etc.) or by cash, in accordance with the terms stated herein. Typically, in case of a light commercial vehicle, the entire payment inclusive of any taxes and other applicable extra charges will be due and payable at the time of unloading. In the case of an intermediate commercial vehicle or a heavy commercial vehicle, 50% of the agreed quoted price will be payable (only on our Application) at the time of confirming the booking, and 50% of the quoted price plus any applicable taxes and additional charges are payable at the time of unloading. In case different payment terms are applicable, the same will be informed to you.

If the journey involves any toll charges, then you will be responsible to pay toll charges for return trip also. This amount will typically be included in the quote for the Services.

Our rates do not include charges towards any kind of insurance. It is your responsibility to take such insurance if you so desire. You understand, acknowledge and agree that if the cargo or any contents thereof are of a value exceeding INR 15,000/- (Indian Rupees Fifteen Thousand only), you shall get the same insured from a General Insurance company operating in India before handing over the cargo to the Service Providers for transportation. Your failure to do so will be at your risk and we will not be responsible or liable for any damage or loss to your cargo.

In the event of loss or damage to any item during the provision of the Services, you shall not have any right to withhold any payments due to us. For long distance interstate scheduled services, we may give you the option of not making the complete payment at the conclusion of the Services for loss / damage / theft to the cargo. Please note that in case you state that there was damage or theft or loss to the cargo, you will be required to submit proof of the same such as photographs and we will be asking the driver / Service Provider to confirm the same. The Service Provider may contact you or otherwise engage with you directly to resolve any such disputes. Once the dispute is resolved, you will make the payment of the balance amount only on the Application. We will independently ascertain the specifics of such resolution from you and the Service Provider.

If you have taken cargo insurance on your cargo and damage / theft occurs while transporting the cargo which is covered under your insurance policy, you are required to inform us that you wish to lodge an insurance claim with your insurer and intimate us of the next steps as advised by your insurer. You agree to share all necessary and requisite proof with us such as photos and videos of the cargo before and after the damage. If needed, we will ascertain these details with the Service Provider as well. If required and if you request us to do so, we will be happy to help in the survey process initiated by the insurer including by providing a certificate of facts.

Taxes on reverse charge mechanism, where applicable, shall have to be paid by you as the recipient of the Services. It is your responsibility to provide us with all relevant information pertaining to your GST registration in a timely manner. Any information that you provide us shall only be considered prospectively for future Services. We will not raise or revise invoices retrospectively on account of your delay in providing GST registration information under any circumstances.

There shall typically be no refund of payments made by you online. If you cancel a booking for an intermediate commercial vehicle or a heavy commercial vehicle after you have paid 50% of the booking amount, we may or may not refund the amount to you (either in its entirety or part thereof) depending on the reason for cancellation. If the Service Provider cancels the booking after confirmation, we may refund the entire 50% paid by you after deducting nominal changes for our services. The decision to refund the amount is at our sole discretion. Under no circumstances are we obliged to make any refund to you. Any amounts that we determine are refundable to you will be paid by us on the same source from which you made the payment. We, however, do not make any representations or offer any guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card or bank accounts, as the case may be – such refunds involve the multiple organizations over whom we do not have any control.

At our sole discretion, we will refund the amounts received by us in case we receive a payment for a failed transaction. In this case, the amounts will be refunded to you on the same source from which you tried to make the payment. We, however, do not make any representations or offer any guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card or bank accounts, as the case may be – such refunds involve the multiple organizations over whom we do not have any control. Under no circumstances are we obliged to make any refund to you.

In the event any payments from you to us are pending for the period prescribed in our invoice, we reserve the right to take all action in accordance with the applicable law, including exercising particular lien over your current or future consignments, till full payment is made to us for the Services. Additionally, you will be liable to indemnify us against any losses, damages or expenses incurred by us due to the custody of the consignment during this period.

Nature of the cargo that you can transport with us

We recommend that you exercise extreme caution in case you are transporting extremely fragile goods or goods which are prone to damage while transporting.

There are certain terms which are applicable to the nature of the cargo which you may or may not transport with us. You agree to and declare that you will not attempt to transport any articles restricted to be carried in courier mode, contrabands or such commodities which can cause safety hazards, including and especially those as specified by the current edition of the International Air Transport Association’s Dangerous Goods Regulations. We are not licensed to carry such products / documents and we shall have no liability whatsoever in case you hand over any restricted products / documents to the Service Provider for transportation without our consent. The restriction stated herein applies, inter alia, to the following products / documents:

Perishable articles having shelf life of less than seven (7) days;
LEDs, LCDs, plasma, OLED and any kind of television screens;
Liquid product, livestock, live plants;
Flammable items (firecrackers, oil cans, adhesives, paint cans), explosives (arms, ammunition, fireworks, flares, gunpowder, airbag inflators), fire extinguishers, electric lighter / cigarette;
Platinum, gold, silver, artificial jewelry, gem, precious, semi-precious metals or stones in any form including bricks;
Alcohol / tobacco / medicines / drugs / poisonous goods / toxic and infectious items;
Valuable items, electronic devices, high capacity batteries such as car batteries, generator batteries;
Machinery parts containing oil, grease, fuel or batteries, corrosive items (acids, chemicals);
Radioactive material, magnetized materials, pressurized containers, narcotic substances, medical and research equipment;
Indian postal articles such as stamps and articles like coins, banknotes, currency notes, Sodexo or securities of any kind payable to bearer, traveler’s cheques;
Gambling devices, lottery tickets, pornographic material;
Dry ice used for packaging or temperature control and other items considered contraband under the Indian Postal law;
Any secure original documents including but not limited to passport, Aadhaar cards, bank statements, credit cards, debit cards, bank cheques and / or currency items, etc.

We have the right to open consignments at any time to inspect the contents as part of the acceptance process and / or at our various consignment handling points and / or on request by any statutory, regulatory or security agencies.

Your obligations as a recipient of the Services, including those with respect to the nature of cargo that can be transported by you through us, are listed in the “User Obligations” and “Disclaimers and Limitation of Liability” sections below. We encourage you to read these terms fully and carefully to ensure compliance with the same.

If you have any doubts regarding the goods that may be transported using our platform, please contact us through the Application or write to us at support@indusinf.com.

Other terms with respect to the use of the Application

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.

Provision of the Application will be made in accordance with the 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.

Intellectual Property

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.

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.

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.

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.

User Obligations

You represent, agree and warrant that:

You are competent to contract under Indian law (i.e. you have attained at least 18 years of age and have capacity to enter into agreements as per the Indian Contract Act, 1872);
The information provided by you, whether for the purposes of registering on the Application or availing the Services or otherwise, is complete, accurate, true;
You or your business entity / organization legally operate in India or in other countries;
If you are registering on the behalf of a business entity, you have the legal authority to represent and bind that business entity;
If you are registering on the behalf of a business entity, the address you use when registering such entity is its principal place of business, and not its branch or representative office;
All information submitted by you to us, whether during the registration process or for the purpose of availing the Services or otherwise, is true, accurate, current and complete; and
There is no law, contract, any order or judgment of any court or other agency which prevents or prohibits you from availing the Services or conflicts therewith.

You agree and warrant that you shall not:

violate any applicable local, state and central laws, statutes, ordinances or regulations while using the Application or the Services (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
ask and / or force the driver or any employee, agent, labour, etc. of the Service Provider to break any traffic, police, RTO, government rules or any other rules prescribed by any appropriate authority;
provide incomplete, inaccurate, untrue or unauthorized information while submitting any information to the Application;
impersonate any person or entity, real or fictitious, while using the Application;
resell or assign your rights or obligations under these Terms;
make any unauthorized commercial use of our data, content or information on the Application;
interfere with the use of the Application by others or interfere with the operation of the Application;
use the Application in any manner which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racial or otherwise objectionable;
link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law;
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;
unless otherwise permitted, use the Application for any promotional activities or advertisement purpose or to send unsolicited communication (including spams, bulk mails, messages, etc);
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;
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
modify or make any alterations, additions or amendments to the Application.

You agree that you will not force the driver or any employee, agent, labour, etc. of the Service Provider to overload the truck for any additional charges. We have strict policy of not overloading the trucks beyond their carrying capacity. Any damages / penalties / fees related to any non-compliances in this regard will be solely borne by you.

You further agree to provide all relevant documents to the Service Provider during loading of the goods, including documents with respect to the cargo which may be sought by or be required to be shown to officials of Goods and Services Tax, Excise, Customs, Check-Post, etc. during transit.

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.

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.

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.

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 you provide for the purpose of registering on the Application and while creating / accepting any Service requests (including any information that is stored as per applicable law at the time you make payments).

Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use the Application.

You can review, correct, update, or delete your account profile information at any time by logging into your account.

Our goal in collecting and storing your 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, and to customize our Application to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

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.

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.

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.

You will also need to keep location services activated on your mobile phone while using the Application. We need such access to enable you to search / locate and track the truck that is carrying out the Services. By availing the Services on the Application, 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.

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.

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.

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:

To verify certain information provided by you at the time of registration, such as your GST number;
To provide the Services to you, which will include sharing your data and information with the Service Providers, their agents, employees, partners, consultants, personnel, officers, workers, managers, etc.;
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;
To detect and protect us against error, fraud and other criminal activity, enforce our terms and conditions;
We may communicate with you through email or by telephone using the information provided by you to discuss your requirements, help us respond to your personal requirements in a better and comprehensive manner, to effectively respond to your service requests and support needs, connect with you as required, provide details of your booking to you, etc.;
To measure our performance and develop new products, services and/or features over the course of time;
To maintain and improve the Application;
We may share your personal information with our officers, employees, personnel to the extent necessary to provide the requested service;
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 that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you because of such sharing unless you explicitly opt-in;
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;
We will use your email address and contact details to send you promotional content, unless you write to us as per these Terms to discontinue such communication;
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;
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
As otherwise described to you at the time of collection.

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.

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.

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.

We retain communication done with you through email or chat for our records.

If at any time you believe that we have not adhered to this Privacy Policy, please notify us by email at support@indusinf.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.

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.

Disclaimers and Limitation of Liability

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.

Certain parts of the Application may contain material submitted by third parties including our Service Providers. We do not accept any responsibility for the content, accuracy and conformity to applicable laws of such material. You acknowledge and agree that such information and material is not created or endorsed by us. The provision of third party content 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.

We do not verify or attest to the veracity of the details of the truck or the Service Providers’ drivers or employees. While we will carry out a basic check at the time of registration of the Service Providers, the liability and obligation for this information vests with the Service Providers. We do not carry out these checks routinely. There are risks which you or your representative assume when dealing with people who might be acting under false presences. We are not liable for these instances, and all risks and liabilities will be borne by you.

You explicitly acknowledge that the information you enter on the Application for placing any booking is complete and accurate in all respects. We are not responsible for the veracity or authenticity of the information provided by you for the purpose of registering on the Application or availing the Services. You are liable for any losses or damages that may be caused to the Services Providers, their drivers, trucks, employees, agents, or any other third parties on account of your failure to provide complete and accurate information, or for any other reason attributable to your or the cargo you need transported or otherwise.

The consignment note, if any, will be issued strictly on the basis of the declaration given by you at the time of booking with respect to the nature, contents and value of the cargo and the goods / articles / substances therein. You are solely liable for any consequences, legal, financial or otherwise, arising out of any false or wrongful declarations in this regard.

You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewelry, etc. If you handover or load the truck with valuables for transportation by the Service Providers, you do so at your own risk. We will not be liable, under any circumstance, for any losses / damages / theft / misappropriation to or of the cargo or any part thereof. You will further be liable to indemnify us, our directors, partners, agents, employees, etc. for any losses or damages suffered by us, whether direct, indirect, incidental, consequential or otherwise including loss of reputation / goodwill, due to your breach of these Terms.

We do not accept hazardous or illegal goods / articles / substances for shipment. However, we do not typically conduct any physical inspection of the cargo sought to be shipped. You are solely responsible for the veracity of your declarations made to us in this regard. We disclaim all liability for any losses or damages, whether direct, indirect, incidental, consequential or otherwise caused to any party or person due to the nature of the goods.

You agree to and declare that you will not attempt to transport any articles restricted to be carried in courier mode, contrabands or such commodities which can cause safety hazards, including as specified by the current edition of the International Air Transport Association’s Dangerous Goods Regulations. We are not licensed to carry such products / documents and we shall have no liability whatsoever in case you hand over any restricted products / documents to the Service Provider for transportation without our consent. Any loss or damage that may be caused to us or any third party as a result of your providing any restricted goods or products for transportation by the Service Provider will be entirely at your risk and you will be liable to compensate us for the same.

You will be liable to compensate the Service Providers and / or their driver, employees, officers, directors, agents, etc. if your cargo causes staining or any other damage of any nature whatsoever to the interiors and exteriors of the truck.

Our rates do not include charges towards any kind of insurance, and we disclaim all liability for any damage to your cargo during the provision of the Services. You are liable to take insurance on your cargo, if you deem it necessary, including for cargo or any contents thereof of a value exceeding INR 15,000/- (Indian Rupees Fifteen Thousand only). If you fail to take such insurance or if the insurance coverage taken by you is inadequate or ineffective due to an incorrect declaration by you or your insurance policy is declared invalid or unenforceable for any reason whatsoever, the transportation of the cargo (and any risks thereof including theft, damage, etc.) will be entirely at your risk. We explicitly and specifically disclaim any liability and / or responsibility arising or accruing or resulting from the provision of the Services, including any damage / loss / theft / misappropriation / insurable loss to or of the cargo or any contents thereof. You further agree to indemnify us, our directors, partners, agents, employees, etc. in all such cases for any losses or damages suffered by us, whether direct, indirect, incidental, consequential or otherwise including loss of reputation / goodwill, due to your breach of these Terms.

We have no liability towards loss / damage to the goods being shipped on your behalf unless it is established with conclusive evidence that the damage is caused by reckless driving. Only in such a case, after you share with us conclusive evidence which would withstand judicial scrutiny as proof, our liability will be restricted to the lower of the following:

Value of the portion of the goods damaged as declared by you at the time of booking. In case the value of the damaged goods is not separately declared by you, we will estimate the value of the same on the basis of the total declared value; or
Eight times the amount paid or payable by you for the Services (i.e. the amount for the Services excluding any toll fees, taxes and other additional charges which are payable by you with respect to the Services in addition to the original quoted amount).

It is your responsibility to provide all relevant documents to the Service Provider during loading of the goods. In the event of that your consignment is held up by any statutory authorities including but not limited to any officials of Goods and Services Tax, Excise, Customs, Check-Post, etc., we and our Service Providers will cooperate fully with such authorities including by giving access to your cargo for inspection. We will not be responsible for any losses or damages to the cargo of any nature whatsoever (including confiscation thereof by the appropriate authority) nor shall we be liable to refund any amounts already paid by you. You further agree to compensate us for any losses or damages incurred by us in this process, whether in the form of taxes, duties, fines, penalties levied by statutory authorities or otherwise for any reason whatsoever including on account 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.

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.

We are not liable for any losses or damages, direct or indirect, that may be caused to you or your cargo or any other person or thing, whether during transit, loading, unloading or otherwise. We do not guarantee the safety of your cargo or make any assurances regarding the degree of care exercised by the Service Providers or their employees, manpower, labourers, workmen or any other person acting for them.

We do not make any warranties or assurances with respect to the completion of the delivery or estimated delivery time or schedule of delivery. We are not liable 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.

You understand and agree that any information and / or material and / or goods and / or services you obtain through the Application is 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.

You are solely liable for all payments that you make to us. We are not responsible for any losses or damages arising, directly or indirectly, to you due to lack of authorization, transaction limits set by your banks, any payment issues including your bank declining the transaction or any other reason. In case any refunds are due to you pursuant to these Terms, we do not make any representations or offer any guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card or bank accounts, as the case may be – such refunds involve the multiple organizations over whom we do not have any control. Under no circumstances are we obliged to make any refund to you.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction with our acquiring bank from time to time.

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.

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.

We reserve the right to restrict or terminate your access to the Application or any part thereof at any time.

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.

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.

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.

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 Application 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.

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.

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.

Indemnity

You hereby agree to keep and hold the Company, its partners, employees, consultants, affiliates, officers and agents, fully indemnified and harmless from and against all liabilities, losses, claims, costs and/or expenses (including reasonable attorney fees) arising out of or in relation to the use of the Application by you or your breach of the Terms or any applicable law. This clause includes, and is in addition to, the obligation to indemnify us for all losses, damages, etc. already stated hereinabove.

Termination

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 liability that may have arisen under these Terms prior to the date of termination.

We have the right to temporarily or permanently terminate your membership to the Application for any reason whatsoever including, without limitation, the following:

If you have provided any false information in connection with your account or otherwise;
If you are engaged in fraudulent or illegal activities;
If you have breached any provisions of these Terms;
If you use the Application to send spam messages or threatening messages;
If you impersonate or unlawfully use another business’s name to post information or conduct business of any form;
If you have engaged in any unauthorized access, use, modification, or control of the Application’s data base, network or related services.

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.

Governing Laws and Dispute Resolution

These Terms shall be governed by the laws of India and courts in Delhi shall have jurisdiction.

Any dispute arising out of or in connection with these Terms, 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.

Force Majeure

Neither us nor our affiliates, consultants, employees, agents, Service Providers, directors, etc. will be liable for any failure or delay to perform any obligation under these Terms 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.

Miscellaneous

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 Terms and without any notice to you.

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.

These Terms (together with all disclaimers and liabilities you accept at the time of creating or accepting a booking or making payment therefor) constitute the entire agreement between the Company and you with respect to the use of the Application.

Our failure to enforce any provision of these Terms 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.

Nothing in the Terms shall constitute any partnership or agency relationship between the Company and you.

If any provision of the 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 the Terms will remain in full force and effect.

We have no liability to you for any interruption or delay or failure in accessing the Application irrespective of the cause.

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.

If you have any questions or suggestions regarding our Terms, please contact us at support@indusinf.com.

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.