TERMS OF SERVICE TRANSBADI.CO.IN & LOADS MOBILE APP
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.TransBadi.co.in and other integrated systems (“TransBadi”).
These terms of services apply to all users which use TransBadi web/ LOADS Mobile APP hosted on Google Playstore namely https://play.google.com/store/apps/details?id=com.paynext.ionic and its integrated systems. Users in this context shall TransBadi service partners including its owners, managers and staff members, and actual end users who use TransBadi web to connect with TransBadi service partners for its transportation needs.
By using this web/mobile, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.
References in these Terms to "we" or "us" or “web” or “company” are references to TransBadi web and “you” as user/users of TransBadi web and its integrated systems.
Purpose of TRANSBADI
We are an intermediate services provider between customers who want to book truck/transport services and truck drivers/owners who want to offer services to customers & for truck drivers who seek to avail higher incentive for fuelling through prepaid cards at designated fuel pumps
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use TransBadi, including any subdomains, Web Pages/mobile App or extension of TransBadi and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of TransBadi and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement.
TransBadi offers array of services (detailed herein below) through its mobile application Namely ‘TRANSBADI’ (“TRANSBADI APP”) via the Internet.
Who can Avail:
a. The User above eighteen years of age, who is competent to enter into Contract.
b. The User who owns at least one Truck, having valid Registration Certificate, Valid Pollution under Control Certificate, All relevant Permits, Licenses, Insurance as prescribed under Motor Vehicles Act, 1988 and Rules thereunder.
c. The User has a valid & active Indian Mobile Number.
d. The User has in his own name a Bank Account.
e. The User has a Smartphone.
How to Avail:
a. The User needs to register himself on the TransBadi App by providing the information sought on the Registration page of TransBadi App (i.e. Name, Phone Number, Place of Business, Office/Residence Address, Registration Certificate of Truck to be registered, Permanent Account Number, Document towards Address & ID Proof).
b. The User’s acceptance to this Terms & Conditions and authenticity of Mobile Number used to register the TransBadi App shall be verified by sending an OTP by SMS, which needs to be confirmed by the User. Only after the User successfully enters the OTP sent to his/her mobile number, provides self-declaration of name and Referral code (if any) and accepts the Terms & Conditions, TRANSBADI App will be activated.
The following definitions apply to the terms and conditions set out below that govern this contract between you and us.
· "We", "us", "our", "Facilitator", "Matchmaker", "Mediator", “TransBadi Loads” shall refer to TransBadi Payment soltuions (owner of the website), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
· “You”, “your”, “consignor” "consignee" "customer" "shipper" shall refer to the Customers, Shippers, Transporters/Owners, Transporters, TSP, Sender, Consignor or Consignee of the Consignment, holder of Consignment Note, L/R, B/L, Receiver and Owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.
· "Transporter", "Transportation Service Provider" ("TSP"), "Transport Company", "Transporters/Owners", "Freight Forwarder" or "Broker", "Service Provider" individually or collectively hereinafter referred to as "TSP" And/Or "Transporter". TSP refers to the individual/company undertaking or willing to undertake the goods for transportation.
· "ISR" shall refer to as Independent Sales Representatives or TransBadi Representatives. TransBadi grants independent contractors selling and/or marketing rights to its products. ISR are NOT EMPLOYED by TransBadi. Therefore, TransBadi does not control, and is not responsible or liable for any act/ommission/negligence/fraud by ISR.
· "User" means any user of this website including ISR.
· "Registered User" means a user registered under the terms of clause A as below.
· "Carriage", "Truck", "Vehicle" means and includes the whole of the operations and services undertaken by TSP in connection with the Consignment.
· "Consignment" means any package, parcel, satchel, or freight which is or are given to and accepted by TSP for carriage under Consignment Note.
· “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.
· "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of India.
· “Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.
· "Sender" or "Consignor" or "Shipper" shall refer to the sender or addressor or the consignor of the Consignment.
· “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
If you want to surf, use, interact our site http://www.TransBadi.co.in (hereinafter referred to as this site), the presumption is you have read, understood and agreed to everything that is written and implied in this agreement. This is the condition that cannot be compromised upon for using any information on this site.
We at http://www.TransBadi.co.in believe that each person is entitled to timely, accurate and comprehensive information on products we deal in India and outside India. With this in mind, we are creating an interactive, well-structured and up-to-date database on our products. We wish to be a forum where relevant and accurate information is readily available at one place, and to position this site as a destination site for any user who is interested in our products/services at their own will.
In order to enable the user to find the right opportunities, the site is structured with an interactive front-end taking in the users’ requirements and finding products/services meeting the users’ specifications.
At the cost of repeating ourselves, it should be understood that TRANSBADI does not recommend or push any products but only provides a platform which gives the user the convenience of information about the product where we have established partnering relationships.
Information has been compiled from product providers. Wherever we have been able to establish a content maintenance relationship with the product providers’, the information is maintained by the product provider. Otherwise, we have compiled information by interacting with reliable and responsible officials of the product provider/third party sources. We believe the sources to be reliable but, do not hold ourselves responsible for completeness, timeliness or accuracy of information provided either through a content maintenance relationship or otherwise.
It is expressly understood that TRANSBADI and all its channel partners reserve the right at any time without previous notice to add, alter, modify, change or vary all or any of the terms and conditions or to replace, wholly or in part, these features or schemes by any other features or schemes, whether similar to these features or schemes or not, or to withdraw them altogether.
TransBadi is a Neutral Venue & not a [Delivery Customer: Shipper, Consignor], [Transportation Service Provider (TSP) : Transporter, Transport Company, Freight Forwarder or Broker]. Our site acts as a venue where delivery customers and TSPs can meet and enter into agreements. We are not involved in the actual transaction between delivery customers and TSPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.
TransBadi does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services.
You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between delivery customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of delivery customers to send items. We cannot ensure that a delivery customer or TSP will actually complete a delivery.
Material appearing on the site will include advertising and other material submitted by parties other than TRANSBADI and the site will provide links to other sites operated by advertisers, channel partners and third parties. It is the responsibility of such advertisers, channel partners and third parties to ensure that such material and such sites comply with all relevant laws and regulations. To the full extent permissible by law, TRANSBADI disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations.
C. ELECTRONIC PLATFORM/MEDIUM FOR COMMUNICATION:
You agree, understand and acknowledge that the website is an online platform that enables you to access/purchase products/services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that TransBadi.co.in is only a FACILITATOR and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of Truck Hiring on the website shall be a strictly bipartite contract between you and the Transporter or Shipper on TransBadi.co.in.
I. ACCESS TO TRANSBADI.co.in / NO-GUARANTEE DISCLAIMER
We shall do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
II. SCOPE OF LICENCE FOR WEBSITE ACCESS
a. This website or any portion of this website is licensed, not sold, to you for use only under the terms of this license. TransBadi reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this AGREEMENT, TransBadi hereby grants you a personal, limited, revocable, non- transferable license to use the Website on a single compatible device that you own or control, solely for your own use.
b. TransBadi.co.in grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TransBadi.co.in and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
c. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of TransBadi.co.in and / or its affiliates, as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TransBadi.co.in and its affiliates without express written consent. Any unauthorised use terminates the permission or license granted by TransBadi.co.in and / or its affiliates, as applicable.
III. YOUR USE OF THE SERVICE AND THE CONTENT.
Your rights to use the Service are expressly conditioned on the following:
a. You agree and understand that the Service, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
b. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;
c. You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
d. You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
e. You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;
f. You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize, direct, or cause a third party to do so;
g. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent TransBadi makes available the means for embedding any part of the Service or the Content;
h. You agree not to access, tamper with, or use non-public areas of the Service, TransBadi’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TransBadi’s providers;
i. You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that TransBadi is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service.
j. You agree that your use of the website and/or Website may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms.
D. CONDITION(S) OF PRODUCTS AND/OR SERVICE(S) BETWEEN SHIPPER(SHIPPER) AND TRANSPORTER(TRANSPORTER)(TSP):
I. TransBadi.co.in only act as an online/electronic Facilitator or Marketplace. All commercial/contractual terms are offered by and agreed to between Shipper and Transporter alone & by themselves. The commercial/contractual terms include without limitation Freight Charges, payment methods, payment terms, date, period and Type of Truck Service.
II. TransBadi.co.in does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Shipper and Transporter.
III. TransBadi.co.in does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the services proposed to be required or provided. TransBadi.co.in does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TransBadi.co.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
IV. TransBadi.co.in is not responsible for any non-performance or breach of any contract entered into between Shipper and Transporter. TransBadi.co.in cannot and does not guarantee that the concerned Shipper and Transporter will perform any transaction concluded on the Website. TransBadi.co.in shall not and is not required to mediate or resolve any dispute or disagreement between Shipper and Transporter.
V. TransBadi.co.in provides information about the users as provided by the Customers during the transactions. However, TransBadi.co.in does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgement in that behalf.
VI. TransBadi.co.in does not at any point of time during any transaction between Shipper and Transporter on the Website come into or take possession of any of the services offered by Shipper and Transporter nor does it at any point gain title to or have any rights or claims over the services offered by Shipper and Transporter.
VII. If you are using our Service as a commercial shipper, carrier, agent or broker (collectively, “TSP”), you also agree to the additional terms as below:
a. You agree not to ship and track through our Service contraband, stolen products, products that are illegal to transport via freight, or any other products we consider inappropriate;
b. THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD, INCLUDING WITHOUT LIMITATION, TRAFFIC LIGHTS AND TRAFFIC SIGNS, INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
c. You shall independently agree upon the manner and terms and conditions of Services, Payments, etc. with the Shipper and Transporter you transact with.
Amendment: The Company reserves the right to change this Web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Web on publicly accessible links and you agree by accessing, browsing or using this web that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Web. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the Web and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by TransBadi Rules and Policies as provided from time to time
Services Activation and Delivery:
Activation e-mail/sms- After the registration and successful payment of charges for our services offered, the user will get an e-mail/sms for acknowledgment.
Services- User will start receiving all services according to the type of vehicle and quantity of goods to be loaded in the truck within maximum 24 hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you agree and acknowledge that the company shall never be held responsible for any delays due to whatsoever reasons. Web access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.
The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the services delivering due to the internet malfunction/connectivity issues and when the web is closed for maintenance/updating with or without prior notice.
User account and security
To register for the services, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and a third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s stride secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the Web or the Company or cause any hindrance (in whole or in part)
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Web without any notice and any such violate information that is displayed or submitted on the Web can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Web to restore or keep back up of your information and data and not hold the Web or the Company accountable for any loss of data in any circumstances.
You will also refrain from accessing information or databases in an unauthorized manner from the Web or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Web and also for taking appropriate legal actions.
If you choose to provide feedback on the Web which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the Web in any manner. Further, you shall not use the Web to promote any other person’s business or interests on the Web unless permitted by the Company in writing.
Obligations Under relevant sections of Indian Cyber Laws:
Privacy of Data
Third Party Links
We may choose from time to time to provide links to various third-party webs from the Web. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party links and are not responsible in any way for the privacy practices, customer service practices, content. or availability of any such website