Trukky.com

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Terms and Conditions

Terms and Conditions for use of Company Website for availing Service(s)

Welcome to trukky.com, India’s exclusive & prominent transport load & truck hiring portal. We are common ground connecting transporters with customers. Trukky.com offers instant logistics solution for consumers, industry, construction & infrastructure, e-commerce, retail, small & medium enterprises among others. Trukky.com is associated with a massive network of fleet owners/ operators with proven capacities and calibre to deliver on time. Currently we offer services like full truck load and part load with pick-up solutions at almost all cities of Gujarat, Mumbai, Pune, Delhi, Indore, Ghaziabad, Gurgaon, Jaipur and can deliver to any corner of India and continuously adding further destinations from time to time.

The above solutions of hiring enablement are herein after referred to as ‘Service’ and/or ‘Services’. Hot Info Labs Private Limited (Company) which owns the brand ‘Trukky’, itself does not provide Services of transport of goods/material/consignments per se. These terms and conditions applies to user(s), if user(s) are visitors, registered - free or paid user(s) who access the website for any purpose. It also applies to any legal entity which may be represented by the user under actual or apparent authority. User(s) may use this site solely for the purpose of Services and not for any other matter. The Company advises its users that while accessing the website on internet or the mobile device, they must follow/abide by applicable laws. Company is not responsible for the possible consequences caused by user behavior during use of the website. Company may, in its sole discretion, refuse the service to anyone at any time.

The Company provides Services and you agree to obtain such services offered by third party truck/vehicle/tempos/Mini Truck/autorickshaws/delivery boys/suppliers or vehicle operators (hereinafter such third parties referred to as "the Service Providers").

The Company shall take your booking request (through the internet and / or mobile telecommunications devices)and forward it to the Service Providers through GPS-GPRS based device installed in the vehicle. The Service Provider shall have the sole discretion to accept or reject each request for Services. The Service Provider has discretion over whether to receive the booking request made by the Company. If the Service Provider accepts the booking request made by the Company, the GPS device installed in the vehicle notifies you and provides the information regarding the Service Provider including its name, contact number etc.

The Company shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain Service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.

For the avoidance of doubt, it is clarified that the Company itself does not provide truck, tempo and transport of goods/material services. It is the Service Provider who shall render such service to you. The provision of suchservices by the Service Provider to you is therefore subject to the agreement (to be) entered into between you and the Service Provider and the Company shall never be a party to such agreement. Company acts as an enabler between the User and the Service Provider. Even after acceptance of booking, the Service Provider may not reach your pick up location or decide not to render his services in which event the Company shall not be held liable to you. Company on best effort basis will support the User who has availed Services from the Company in case of a dispute with the Service Provider and the User to the extent of a role of a facilitator and not beyond that.

Users are advised to take appropriate transit insurance for the goods/product that the users intent to be transporting through the Service Providers in order to protect their own interests. The User shall ensure that he/she will not indulge in any of the following activities while availing the Service: Soiling or damaging the body and/or any other interiors of the mini-truck/tempo/vehicle. Misusing, soiling or damaging any of the devices (technical/non-technical) in the truck/tempo/vehicle. Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the User. The driver also has the right to refuse such a pick-up. Pressurizing the driver to overload truck/tempo/vehicle with the consignment than the allowed limit. Not disclosing the correct contents of goods/materials which are to be sent through the Service. The User undertakes that it has made the declaration of goods/materials for the consignment correctly and that there is no information which is concealed at the time of booking of the Services. The User certifies that all statements and information provided relating to the transportation of the consignment will be true and correct. User acknowledges that in the event that user makes an untrue or fraudulent statements about the consignment or any of its contents user risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the consignment.  To the extent that Company may voluntarily assist the user in completing the required customs and other formalities(if required) such assistance will be rendered at user’s sole risk.  User agrees to indemnify the Company and hold it harmless from any claims that may be brought against the Company arising from the information that user has provided to the Company and any costs the Company will incur regarding this, and pay any administration fee that Company may charge the user for providing the services described in this condition.

Prohibited Goods/Security

Company does not allow to carry, nor perform other services regarding, goods which are in our sole opinion Prohibited/Hazardous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding. Company may at its discretion accept certain Prohibited Goods for carriage, or for the performance of other services, in some locations if you have been accorded the necessary permission for the same by competent authority. You will also be asked to procure a similar status for the tempo/truck/vehicle which is proposed to carry such Prohibited goods at your own cost. Consignment will be accepted by us only after the above requirements are fulfilled. Prohibited Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for the same are available from our nearest office and a prohibited goods surcharge will be invoiced to you upon acceptance of your consignment. Company accepts consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). Company has no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

Rejected Consignments

If the receiver refuses to accept delivery,Company will try to contact user and agree the appropriate next action.User agrees to pay the Company any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action

Software

Any software made available to work on this Site or on a Mobile device and/or to download information and resources from it (the "Software") is the exclusive property and copyrighted work of the Company and/or its associates. You are authorized to use this Software only for the purpose of visiting the Site, and/or downloading information, and resources from it or making necessary service bookings. You may use this Software for the aforementioned purpose only. Under no circumstances, you shall redistribute, restructure, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

Trademarks and related Materials

A trademark is a word, design, symbol, phrase, sound, scent, or color (or any combination) that identifies the source of a party's goods/services. A service mark identifies the source of a party's services. The trademark ‘Trukky’ is a trademark owned byHOT Infolabs Pvt Ltd. These trademarks should not be used in connection with any product or service that is not Company’s service, in any manner that is likely to cause confusion among customers or in any manner that criticizes or dishonoursTrukky and its operations. Other products or company names if used on the website may be trademarks of their respective owners. HOT Infolabs Pvt Ltd has not licensed any of its trademark including Trukky to any third party or a different company.Any unauthorized copying, modification, use or publication of these marks is strictly prohibited. The Company is the sole owner or lawful licensee of all the rights to the website and its content. Website content includes and is not limited to its design, layout, text, images, graphics, sound, video etc. The website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates or licensor's, as the case may be. Users/Visitors of the website merely by using/visiting the website cannot be construed to be licensees approved by the Company for use of such material except for the purpose required for using the Services. Systematic retrieval of website content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission of the Company is strictly prohibited.

Online Payment Terms & Conditions

All on-line payments made towards availing Services shall be taken into consideration only when the relevant amount is received and credited in the Company's bank account.The User booking for the Service shall pay all amounts including but not limited to the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. User authorizes the Company to retain any consignments that are booked till all dues of the Company are recovered. The User agrees and accepts that the use of the Services provided by the Company is at its sole risk, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. In case of cancellation of the booking,after making on-line payment, refund of the amount shall be paid within 30 working days after the said amount is received and credited in company's bank account. A small amount of service charge may be levied on such cancellations as per Company Policy from time to time. In case of any payment transaction undertaken by the user or any third party using the credentials of the user, which later on is found to be a fraudulent one, Company will not be responsible for any such transaction and all the legal liability including all costs and expenses of such transaction will be that of the user whose credentials are used for such transaction and will be recovered by the Company or the payment collection agency as the case may be. In order to avoid such circumstances users are advised to ensure that their credentials are not misused by any third party at any point of time. For any refund amount of cancellation please contact us in our Customer care no +91 9099005060 or on our email ID:info@trukky.com

General

This Web Site and the information, names, images, pictures, logos, symbols, tag line and icons is concerning or relating to the Company and its associates and the services are provided on an "as is" and "as available" basis, without any representation or endorsement being made, and without warranty of any kind, whether implied or expressed, including but not limited to, an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of other' intellectual property rights. Under no circumstances, Trukky or any of its affiliates, contractors, employees, directors or officers shall be liable for any damages, including but not limited to direct, indirect, special or consequential damages (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS DISTURBANCE OR INFORMATION) resulting from access to or use of, or inability to access to or use of, this Web Site or arising out of any resources, materials, information, qualifications, opinions or recommendations on this Web Site. The User shall indemnify the Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the User and shall pay such sums on demand on the Company. All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to all users that the Company does not own any vehicle/mini-truck/tempo nor does it directly or indirectly employ any drivers for the any kind of vehicle. Mini-trucks and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the mini-trucks alike. Company does undertake necessary checks as required by law and complies the same from time to time.

Limitation of Liability

Users shall at their own risk and responsibility make use of this site and the internet generally. Under no circumstances, shall the Company or its affiliates 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 site, or the internet generally, under contract, tort or any other cause of action or legal theory. Company believes that the entire content will be accurate, complete, and current, to the best of its knowledge and the Company does not make any warranty direct or indirect about the accuracy, completeness or currency of the content. As such, it remains Userssole responsibility to verify any information before relying on it. Users while using the Services of the Company which will be at the sole risk and responsibility of the User and the Company does not accept any liability for any direct, special, indirect, or consequential damages or any damages whatsoever; theft during transit, 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 Services or use of the same, under contract, tort or any other cause of action or legal theory. Company on best effort basis will support the users/service providers and provide the necessary information in case of a litigation filed by the user against the service provider or vice-versa as the as may be. Modification and Amendments to Terms of Use Company has the right to make alterations and modifications to any information incorporated within this site without giving any prior notice. Company reserves the right to alter any of the Terms of Use without prior notice. Access to particular Services on this website may be subject to additional or different terms and conditions, as stipulated by Company from time to time.Continuous use of the website will be an acceptance of these terms and conditions by the users.

Law & Jurisdiction

You accept that any claims arising against the Company, shall be subject to the exclusive jurisdiction of the Ahmedabad Courtsin the State of Gujarat, India and the laws of India shall apply therein. However, Company reserves the right to take legal proceedings in country other than India, to protect our interests or to enforce our rights whenever we face any circumstance which deems it appropriate to do so.