THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT WHICH WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN TERMS AND CONDITIONS FOR AVAILING TRUCKS UP AND THE USE OF THE SERVICES OFFERED THROUGH WEBSITE/APP AND MOBILE APPLICATION UNDER THE NAME AND STYLE OF ‘TRUCKS UP ’ (“ WEBSITE/APP ”).
PLEASE READ THE TERMS AND CONDITIONS IN THIS DOCUMENT CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/APP OR ACCESSING ANY MATERIAL, INFORMATION OR AVAILING SERVICES THROUGH THE WEBSITE/APP. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE WEBSITE/APP OR AVAIL ANY TRUCKS UP OR SERVICES BEING OFFERED THROUGH THE WEBSITE/APP.
This terms and conditions form a legally enforceable binding contract ("Agreement") between You and TrucksUp Solutions Private Limited (“TrucksUp”), having its registered office at LG, Building 336, Udyog Vihar Phase 2 Gurgaon-122006 ( Haryana )
In this Agreement, “we,” “us,” “our,” “ TrucksUp ” or “TruckHub” refer to TrucksUp and its affiliates, including without limitation its officers, directors, shareholders, representatives and related entities. “You,” “your,” “customer,” or “user” refers to an account holder or user of record with us.
The bookings and use of trucks (herein referred as “vehicles”) availed by you from us and incidental services is governed by the following terms and conditions on the Website/App (“User Agreement ” or “ Agreement ”).
This Agreement shall remain valid until the same is terminated by either of the parties as envisaged hereunder.
Trucksup offers array of services (detailed herein below) through its mobile application Namely ‘TRUCKSUP’ (“TRUCKSUP APP”) via the Internet.
This Website/App is available for individuals who desire to take a Vehicle on rent/ hire or desire to purchase new or pre-owned vehicle (Used Vehicle). Your use of the Website/App and services offered by TrucksUp are governed by this Agreement as applicable including other applicable policies which are incorporated herein by way of reference. If you use or transact on the Website/App, You shall be subject to the policies that are applicable to the Website/App for such use or transaction. It is hereby clarified that by mere use of the Website/App, You shall be contracting with the TrucksUp and this Agreement as applicable, shall constitute your binding obligations, with TrucksUp.
We reserve the right, at Our discretion, to change or modify the terms of this User Agreement. You agree that the updated terms and conditions of this Agreement shall be effective from the date publication of the same on the Website/App or mobile application. It shall be your responsibility to periodically check for any changes to the Agreement on the Website/App. We may require You to provide Your consent to the updated Agreement in a specified manner before any further use of the Website/App/ mobile application and the Services. If no such separate consent is sought, Your continued use of the Website/App/ mobile application will constitute Your acceptance of such changes. You may decline such changes by discontinuing Your trips / bookings or services, as the case may be, under this Agreement.
In the event of any conflict between this Agreement and any other document with respect to TrucksUp’s other programmes, these terms and conditions shall govern, except otherwise set forth by TrucksUp in writing.
Unless the context or meaning thereof otherwise requires, the following expressions shall have the meanings assigned to them hereunder:
“ Excess Kilometre ” driven shall include any additional Kilometre(s) (“ KM ”) driven on the Vehicle booked by the User beyond the KMs which were reserved and paid to TrucksUp by the User. The User shall be liable to pay the additional cost for driving the Vehicle beyond the KMs approved and paid as per the Fee Policy of the Company.
“ In-Vehicle Devices ” means and includes the various devices selected by TrucksUp to be installed in the Vehicle for the security, safety, tracking and health monitoring of the Vehicle.
“ MV Act ” means the Motor Vehicles Act, 1988 along with the rules prescribed thereunder and includes any statutory modifications or re-enactments thereof and the applicable provisions, if any, of the Motor Vehicles Act, 1988 as amended, modified and re-enacted from time to time.
“ Booking Period ” means the specific period for which the User has made the Booking for usage against the Booking fees, pursuant to terms of this Agreement.
“ Vehicle ” means the self-drive truck on the Website/App for rent/ hire, which is reserved by the User for a specific period, as per the terms of this Agreement.
“Pre-Owned Vehicle”( Used Vehicle) means trucks which is owned by someone else or was in the use prior to listing on the website
“ Commercial and Operating Terms ” shall mean the terms and conditions updated, altered, modified, novated, substituted or replaced from time to time, on which the Vehicle would be operating on the Website/App, as more particularly exhibited at https:// www.TrucksUp.com. The User agrees to abide by and shall ensure compliance with all the provisions contained in Commercial and Operating Terms.
“Truck Owner”: shall mean the person/entity supplying trucks to the Shipper.
“Business Associates” shall mean (Booking Agent, Logistics Company but not consignor or consignee ) who gives Load , may or may not registered under GST.
“Shipper” shall mean a consignor or consignee who gives load and registered under GST.
The User above eighteen years of age, who is competent to enter into a contract.
The User who owns at least one Truck, has a valid Registration Certificate, Valid Pollution under Control Certificate, and all relevant Permits, Licenses, and Insurance as prescribed under Motor Vehicles Act, 1988 and Rules thereunder.
The User has a valid & active Indian Mobile Number.
The user who provides Loads as Facilitator or Shipper, or Booking Agent, Transport Company, Logistic Company,
The User shall have access to an electronic device which supports internet connectivity.
TrucksUp provides a platform to the users of App/Website and act as an intermediary in buying and selling of New and Pre-owned Vehicle ( Used Vehicle). TrucksUp also provide services with respect to booking of Trucks for Transportation purposes. All information and material available on the Website is only to assist the User of Website who are interested in the Services provided by TrucksUp and who wants to explore the more options before concluding their transactions. Among other services and information, TrucksUp may provide any or all the below listed services to the Users:
The website may provide information on new vehicle or upcoming vehicle including without limitation price, specifications, dealer locations etc.
TrucksUp will provide services to research Trucks, prices, technical specifications, other Trucks attributes, and warranty and road side assistance.
The services can include listing your used or new vehicle, online or browsing through the list of used or new Vehicles listed by Users of TrucksUp.
Services can further include the facility to advertise/exhibit/make available for sale various products including without limitation auto products, accessories, and services to other Users of the Website. TrucksUp makes no claims that any such information/data available is accurate or applicable to any specific situation.
The services can include listing of trucks by owners who desire to transport goods and desire to operate in that area.
TrucksUp also provides services to users who want to transport their load and desire to hire a Truck for the same.
TrucksUp also provide the user with the ability to track the truck using the driver’s mobile number.
TrucksUp users can verify the documents of the vehicle from the government server in order to comply with the statutory regulations.
TrucksUp provides services to the users to verify the driver’s driving license in order to start the journey.
The users who desire to list their vehicle for sale, TrucksUp provides the user with a platform to get their vehicle inspected by a Third Party.
The website may provide certain Features and content ("Features" and "Content" are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
The website may provide the facility to the Users for their engagement for buying and selling the various products under the Terms of Use.
The website may also provide information on additional products of third parties e.g. banks, financial institutions, insurance companies, dealers etc. pertaining to loans, insurance, and other services ancillary and incidental thereto.
TrucksUp may also provide services towards the facilitation of the sale and purchase of Your used Trucks to used Truck dealers and other services ancillary and incidental thereto including without limitation inspection and price discovery/valuation of Your used truck.
All the above-listed services are provided at the sole discretion of TrucksUp, and You acknowledges and agree that TrucksUp can add or provide additional services not listed above, or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
For any error in the inspection done by the third party, TrucksUp shall not be liable for any such error made by the third party during inspection of vehicle for Listing.
The User needs to register himself on the Trucksup App by providing the information sought on the Registration page of the Trucksup 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 /GST Certificate).
The User’s acceptance to these Terms & Conditions and authenticity of the Mobile Number used to register the Trucksup 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, TRUCKSUP App will be activated.
The User has to register their Truck on the Trucksup App as specified from time to time. The Company may or may not permit the User/to register the Truck on the Platform.
The User has to click against the respective tab to avail of the desired services provided on the Trucksup App to avail the same.
The Company reserving the right of an issue may provide such services/products offered on the Trucksup App to the User.
User may have to upload the KYC documents/details as and when sought by any service provider/mandated by Government for availing such services from time to time.
The user me download the app from the play store or visit the website https://trucksup.com/
The User hereby gives consent to the Company to verify the credentials of the Truck (validity) by sharing the said details to any third party including Parivahan to have the same verified through records of respective road transport authorities.
The User hereby gives consent and authorize the Company to retrieve/avail usage of Fuel Card Data of the User from the respective retail fuel outlets, so as to enable the Company to display the same on the Trucksup App and for the purpose of its Records.
In case, Company incurs any charges from Banks due to payments initiated by the User, the Company shall be entitled to deduct such charges from the Trucksup App account of the User.
The User understands that the payment towards usage of services made to Company’s account shall not be deemed to be a deposit or loan on any account whatsoever and no interest shall be payable by the Company on any such monies.
The User understands that any unutilized monies shall be refunded by the Company subject to adjustment of any charges without any interest whatsoever upon termination of this Agreement.
The personal information shared by User on the Trucksup App shall be true and correct and the same shall be updated as and when there is a change.
The User shall indemnify the Company for any loss arising thereof due to breach of aforesaid obligation and terms and conditions by the User.
The User shall remit money into the Company’s Designated Account through online payment or payment made using credit/debit cards or any other forms of online/wallet payment as facilitated from time to time.
The User shall be beneficial owner of the Account User shall not share, assign or permit the usage of his account by anybody else. User shall indemnify Trucksup against any loss or damage suffered by the Company as a result of such unauthorized use.
The User shall undertake to notify Trucksup immediately of any unauthorized use of his account or any other breach of security.
The User understands that Trucksup shall not be liable for any loss or damage arising due to User’s obligation to comply with these T&C’s.
The User shall be solely responsible for maintaining the confidentiality of his Trucksup App Account.
The Company shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of: (i) any defect in any Products or Services offered on Trucksup App through the Company’s Partners/Service Providers; (ii) malfunctioning of any equipment/deficiency of any service sold/offered on Trucksup App by the Service Provider; and (iii) termination/withdrawal of any of service on the Trucksup App by the Company/Service Provider on any account whatsoever.
If need be communication shall be mailed to the mailing address/Mobile number specified in the Trucksup App as updated by the User.
All communication shall be deemed received by the User if Company sends any information through WhatsApp/SMS/Notification and the Company in no circumstances shall be held liable for any communication not received or lost in the mail or courier.
You acknowledge and agree that the Company in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist your account, or otherwise terminate your access to or use of the Platform (or any part thereof), immediately and without notice, for any reason or no reason at all, including but not limited to, if the Company believes that you have violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Platform and agree not to attempt to use the Platform after any such termination.
The Company shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
None of the Company’s rights shall be deemed to have been waived by any act or conduct of Company, or by any neglect or delay in exercising such rights, and every time shall continue in full force and effect until specifically waived by Company in writing.
None of the Services Offered/Products offered on the Trucksup App by the Company, is intended to or shall be deemed to create or establish any agency, partnership or joint venture relationship between Company and Users.
These T&Cs shall be governed by the laws of India and competent courts in New Delhi shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.
In case of any dispute between the User and the Company, the same shall be referred to Arbitration in accordance with Arbitration & Conciliation Act, 1996. The User agrees that the Company may appoint a sole arbitrator to resolve such dispute between them.
If User is unable to use the Services as a result of improper operation of the systems due to any of the following reasons, User agrees that he will not hold Trucksup and its affiliates liable for:
System suspension which has been announced by Trucksup Solutions(P) Ltd in advance through any mode of communication;
Failure in data transmission due to the breakdown in the telecommunications equipment and systems;
Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or
The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.
IN NO EVENT SHALL TRUCKSUP SOLUTIONS(P) LTD OR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERM OF USE. TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON) WHATSOEVER WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
Redemption of Rewards if any is subject to completion of KYC. Completion of KYC shall include submission of all Know Your Customer (KYC) documents as may be prescribed by Trucksup from time to time and its approval from Trucksup No Redemption shall be allowed unless the KYC is completed as per Trucksup Rules prescribed from time to time.
Employees, interns, contractors and officeholders, as well as their immediate families (parents, siblings, children, spouses and life partners of each, regardless of where they live) of Trucksup, its affiliates and subsidiaries, and any representatives or agencies of Trucksup or other persons professionally connected with the offer, are not eligible to participate.
You can only avail this offer once per unique registered referee.
You agree that your participation in the offer constitutes your understanding of an agreement to these offer terms and conditions.
Trucksup reserves the right, at its sole discretion, to disqualify any User who does not meet the offer requirements or in case of reasons including but not limited to any misuse of the Offer or fraud or suspicious transactions/activities. Trucksup also reserves the right to discontinue or change any Trucksup offer programmed at any time, at its sole discretion.
User content includes the information provided by You as a User in shipping request or acceptance. User content also means all data, textual, audio/visual, ratings and reviews that You as a user submit to Trucksup by using the service. You acknowledge and agree that you are solely responsible for all User Content that you make available through Trucksup. Accordingly, you represent and warrant that your User Content does not violate any provision of this agreement. You represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through Trucksup or you have all rights, licenses, consents and releases that are necessary to grant to Trucksup the rights in such User Content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Trucksup. You acknowledge and agree that Trucksup is not responsible for any loss or damage resulting from anyone’s use or reliance on User Content and Trucksup makes no guarantees regarding the accuracy, completeness, suitability, or quality of any User Content, and assumes no responsibility for any User Content.
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between You and Trucksup, constitute you an agent for Trucksup or authorize You to make or enter into any commitments expressed or implied for or on behalf of Trucksup. You confirm You are acting on your own behalf and not for the benefit of any other person.
User enters into this agreement as and shall continue to be, an independent contractor. All Services shall be performed only by carrier and carrier’s employees. Under no circumstances shall User , or any of User’s employees, look to Trucksup as his/her employer, or as a partner, agent or principal. Neither carrier nor any of User’s employees shall be entitled to any benefits accorded to Trucksup’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. The User shall be responsible for providing, at User’s expense, and in User’s name, unemployment, disability, worker’s compensation and other insurance, as well as licenses and permits usual or necessary for conducting the Services.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Trucksup or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to you for use on your premises or devices, Trucksup hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
You represent, covenant and warrant that you will use the Services only in compliance with Trucksup’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. You hereby agree to indemnify and hold harmless Trucksup against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although Trucksup has no obligation to monitor your use of the Services, Trucksup may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
You acknowledge and agree that Trucksup in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist your account, or otherwise terminate your access to or use of the Platform (or any part thereof), immediately and without notice, for any reason or no reason at all, including but not limited to, if Trucksup believes that you have violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws. Further, you agree that Trucksup shall not be liable to you or any third-party for any termination of your access to the Platform and agree not to attempt to use the Platform after any such termination.
Trucksup shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, mobile phones, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
You further agree to voluntarily submit, the scanned copy of your Aadhaar card to Trucksup solely for the purpose of establishing your address proof only and further give your explicit consent for the usage of the same for onboarding on the Platform. You hereby agree that the purpose of collecting Aadhaar has been expressly and thoroughly explained to you in the local language. Trucksup further agrees and assures that your Aadhaar Card shall only be used for the aforementioned purpose and as per the guidelines prescribed under the relevant laws.
During the term of this agreement the User shall maintain in force such insurances and relevant thresholds stipulated under the applicable laws, with a reputable insurance company.
Notwithstanding clause 3.1, the Carrier will obtain and maintain enhanced insurance policies in relation to a Shipment at the express request of Trucksup or the Shippers for the duration of that Shipment and failure to do so will be deemed to be a material breach of this agreement.
The Carrier shall, at any time and on Trucksup’s or Shippers request, produce the insurance certificate giving details of cover, a schedule of insurance and the receipt for the current year’s premium.
You hereby agree that you shall remain “first carrier” irrespective of whether you subcontract the Services to a third party or not.
Carrier & Load Provider/Shipper will discuss among their selves that who will take Transit Insurance of Material, Trucksup is not responsible either Material or Vehicle Insurance is taken by respective parties
YOU WILL NOT PROVIDE SERVICES UNDER THIS AGREEMENT AT ANY TIME THAT YOU ARE NOT IN COMPLIANCE WITH THESE OBLIGATIONS RELATED TO INSURANCE.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Trucksup includes non-public information regarding the site, mobile app, features, functionality, patents, computer software and servers that provide the performance of the Service. Your proprietary Information includes non-public data provided by You to Trucksup to enable the provision of the Services (“Your Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in the performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by its prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
You shall own all right, title and interest in and to Your Data, as well as any data that is based on or derived from Your Data and provided to You as part of the Services. Trucksup shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, Trucksup shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom), and Trucksup will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Trucksup offerings, and (ii) disclose such data solely in aggregate or other de-identified forms in connection with its business. No rights or licenses are granted except as expressly set forth herein.
The relationship between the User and Trucksup shall be on the basis of Principal-to-Principal basis and under the no circumstances, it shall be construed as Principal-Agent or Master-Servant or Partnership relationship.
The User agrees and understands that it is an independent User and it shall be responsible for its own labour relations/statutory compliance with its employees/contractors and any trade unions represented amongst its employees and it shall solely negotiate and be responsible for any disputes/liabilities arising from the personnel/their heirs/representatives involved in the process of rendering any services under this Agreement to Trucksup shall neither be responsible and liable for payment of any compensation or any employment benefits to any of such personnel’s nor there shall arise any relationship in the meaning of Principal Employer/Contract Employment.
The User shall agree and understand that this Agreement a one-time service agreement and there shall be no continuity/guarantee of service.
The User shall fully indemnify Trucksup for any liability/claim accrued against TRUCKSUP by virtue of this Clause.
The User represents and warrants that it is duly established and operating under Indian laws and regulations, has taken all necessary corporate action/full authority to authorize the execution of Service Contract and has full legal capacity to perform the Service Contract.
The User represents and warrants that all rules, regulations and ordinances and any and all applicable Trucksup policies, including but not limited to transport, road safety, traffic, FSSAI and logistics statutes and regulations, especially those concerning:
Speed limits & truck bans (e.g. restrictions on main highways, City regulations)
Vehicle registration, fitness certificate, pollution certificate, driving license, insurance and all relevant statutory or/and operational compliance requirements that may be applicable during the tenure of the contract
Maximum driving hours and rules for breaks
Roadworthy condition of the motor vehicles
Bracing and securing of goods
Maximum loading capacities
Dangerous goods regulations
Safety and environmental issues
Prohibition of common loading of dangerous goods
Business ethics
Trade secrets
Privacy and data protection policy
The User shall at its own cost and risk, procure, maintain and repair any and all properties and equipment (including all accessories necessary to use or operate the equipment) required to perform the services.
If an applicable new rule or regulation is promulgated of which the User becomes aware, the transporter shall immediately inform Trucksup in writing and comply with such rule or regulation.
The User will comply with any and all of Trucksup’s policies in relation to health, safety, premises security, IT security, confidentiality and all reasonable instructions as communicated/displayed on the website from time to time.
The User represents and warrants that he shall maintain only one account with Trucksup and if there are any duplicate accounts which are found Trucksup shall be liable to retain any amount in the duplicate account as Trucksup deems fit.
Location data provided by the Service is for basic location purposes only and is not intended to be relied upon in situations where precise location information is required or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Trucksup and its content providers, does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Trucksup, third party content providers, or Users.
Geolocational data that you upload, make available, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.
The content of other websites, services, goods or advertisements that may be linked to this website is not maintained or controlled by Trucksup. Trucksup is therefore not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, this website.
Where this website contains hyperlinks to websites operated by third parties these linked websites are not under the control of Trucksup and Trucksup is not responsible for the contents of any linked website. Trucksup provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by Trucksup . You link to any such website entirely at your own risk.
You will pay Trucksup the applicable fees for the Services in accordance with the terms herein (the “Subscription Fees”). If your use of the Services exceeds the service capacity or otherwise requires the payment of additional fees (per the terms of this Agreement and as per Trucksup .’s policies updated from time to time), Your Services shall be limited to the basic version until you agree to pay the additional fees in the manner provided herein.
Trucksup is permitted to identify you as a customer or user of Trucksup Logistics and to publish your name and logo on Trucksup’s website and in any other marketing materials.
Feedback and suggestion. If you provide Trucksup with any feedback, ideas or suggestions regarding the Services (“Feedback”), you hereby assign to Trucksup all rights in such Feedback and agree that Trucksup shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
This Agreement will remain in full force and effect while you use the Service.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Trucksup can terminate this agreement and block your use of the Platform at any point of time at its sole discretion.
Trucksup shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall endeavor to perform the Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Trucksup or by third-party providers, or because of other causes beyond Trucksup’s reasonable control, but Trucksup shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, TRUCKSUP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND TRUCKSUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRUCKSUP AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER WHATSOEVER; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED INR ONE HUNDRED (INR 100).
We may use information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third- party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Trucksup’s prior written consent. Trucksup may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Trucksup in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of India and the courts at Bengaluru shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.
In the event of any disputes arising between the Carrier and the Shipper out of or in connection with any transaction that has been undertaken through the use of the Platform, the Parties shall first attempt to resolve their disputes through an alternate dispute resolutions mechanism.
If requested by either Party, in the interest of an amicable settlement, Trucksup reserves the right to choose the mode and mechanism of the dispute resolutions process. Through the continued use of the Platform and/or Services provided by Trucksup , both the Carrier and the Shipper shall be deemed to have given their consent to enter into the dispute resolutions process.
Further, if the Parties proceed to resolve their disputes through arbitration, the seat of arbitration shall be Delhi.
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Platform. Any failure to act by Trucksup with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated the damages determined by Trucksup shall be final and binding
If you have any grievance with respect to the Platform or the Service, you can send mail to reachus@trucksup.com
The User shall be liable for any death or personal injury, loss or damage (including loss of use) to property caused by the User, its employees, agents or representatives arising from or in connection with, or related to the User’s performance of the services. Within its liability, the User shall defend, keep harmless and fully indemnify TRUCKSUP , its Affiliates, successors and assigns and their officers, directors, employees, agents and representatives from and against any loss, third party claims, damage, liability, cost and expense (including reasonable attorney’s fees, court costs, appraisal fee and translation fee etc.).
All actions, claims, demands, costs, charges, and expenses including, without limitation, reasonable attorney fees, court costs, appraisal fee and translation fee etc. arising from or incurred by reason of any infringement or alleged infringement of any patent, registered designs, design patent, copyright trademarks, or trade names owned by TRUCKSUP or its Subsidiaries or its Parent Company;
The User will, at its own costs, at all times insure and keep itself insured against all liabilities under this Agreement with a reputable and financially responsible insurance company.
Nothing contained in this Agreement shall be construed as conferring on the User any right to use in advertising, publication or otherwise, any Trademark or any derivative thereof.
Except as expressly set out in the Agreement, no usage or assignment of or license under any Intellectual Property Right is granted, conferred, assigned, or transferred by one party to the other.
The User warrants, that it will comply with all obligations under the applicable data protection laws and requirements under relevant Indian laws arising from, in connection with, or related to the Confidential Information and the services. The User agrees to ensure that any person it employs, sub-contracts or otherwise requires to assist in the performance of the services treats as secret and confidential and not at any time for any reason to disclose or to permit to be disclosed to any person or otherwise make use of permit to be made use of any unpublished Confidential Information.
The Confidentiality obligations shall continue after the termination of the Service Contract and shall survive as long as the confidential nature of the information is maintained.
The Service Contract shall commence on the date of execution of this Agreement/Date of Acceptance of the Order and shall continue to be valid until delivery of the Consignment as prescribed in the Agreement/Order to the full satisfaction of TRUCKSUP .
Neither Party shall be in breach of the Agreement if it fails to perform any of its duties and obligations under this Agreement by reason of Force Majeure.
Force Majeure, as used herein, shall mean any event, not within the control of the Party affected, which that Party is unable to prevent, avoid or remove, without fault or negligence, and shall include, but not limited to, the following: (i) war, whether declared or not, hostilities, invasion, armed conflict, act of foreign enemy, riot, insurrection, strike, revolution; (ii) acts of terrorism or sabotage; (iii) natural catastrophes including, but not limited to, earthquakes, floods and exceptionally inclement weather; and (iv) strikes, bandhs, hartals, political insurgencies.
If either Party is unable or incapacitated to perform its duties and obligations under this Agreement as a direct result of Force Majeure, that affected Party shall give written notice to the other Party of such inability or incapacity specifying the event claimed to be force majeure.
Either Party may terminate this Order Level Agreement before picking the order by the User.
Any notice or demand to be served under this Agreement shall be in writing in English and shall be served by personal service, express mail. The correspondence address/email address mentioned in the title of this Agreement or as registered in the Order/SCHEDULE – I of this agreement shall hold good for this purpose.
TRUCKSUP is entitled to assign this Agreement in whole or in part to any of its Affiliates/Subsidiaries/Parent Company/Customer, without the User’s consent.
By virtue of which both the parties expressly waive of affixing of physical signature and seal on the Agreement.
This Terms of Use of Service Agreement governs the access or use by you (“Carrier”), of applications, websites, content, products, and services (the “Services”) made available by Trucksup on the mobile application of the platform (collectively, the "Platform").
This Terms of Use of Service Agreement governs the access or use by you (“Business Associate”), of applications, websites, content, products, and services (the “Services”) made available by Trucksup on the mobile application of the platform (collectively, the "Platform").
This Terms of Use of Service Agreement governs the access or use by you (“Shipper”), of applications, websites, content, products, and services (the “Services”) made available by Trucksup on the mobile application of the platform (collectively, the "Platform").
This Terms of Use of Service Agreement governs the access or use by you (“Carrier”), of applications, websites, content, products, and services (the “Services”) made available by Trucksup on the mobile application of the platform (collectively, the "Platform").
You have visited the web portal/Mobile Application of TrucksUP and has registered yourself as a Truck owner/fleet operator.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
YOUR ACCESS AND USE OF THE SERVICES ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND TRUCKSUP AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND AGREE TO CONFORM TO ANY APPLICABLE POSTED GUIDELINES FOR SUCH SERVICE, WHICH MAY CHANGE OR BE UPDATED FROM TIME TO TIME AT TRUCKSUP ’S SOLE DISCRETION WHICH YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS, ANY GUIDELINE, OR ANY SUBSEQUENT CHANGES THERETO OR BECOME UNHAPPY WITH TRUCKSUP OR THE SERVICE IN ANY WAY, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SERVICES. THESE TERMS MAY BE UPDATED BY TRUCKSUP AT ANY TIME AT ITS SOLE DISCRETION. TRUCKSUP MAY SEND YOU NOTICES OF CHANGES TO THE PLATFORM OR THE TERMS.
UNDER NO CIRCUMSTANCES WILL TRUCKS UP BE LIABLE TO ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF TRUCKS UP VEHICLES AND AVAILING OF SERVICE BY THE USER/ CO-PASSENGER/ FAMILY USER.
IT WILL BE THE SOLE RESPONSIBILITY OF THE USER TO TAKE COMPLETE SAFETY MEASURES/ PRECAUTIONS AGAINST ANY CRIMINAL ACTIVITY ON/ OF THE VEHICLE SUCH AS THEFT, ILLEGAL DETENTION ETC. THE USER SHALL HAVE A RESPONSIBILITY TO INFORM THE COMPANY ABOUT THE SAME AND FURTHER COOPERATE IN FILING ALL NECESSARY COMPLAINTS.
ANY CASES WHERE THE LOSSES ARE NOT ADMISSIBLE BY AN INSURANCE COMPANY DUE TO THE MISHANDLING/ NEGLIGENCE/ FAULT/ RASH DRIVING/ ANY OTHER ILLEGAL AND UNLAWFUL PURPOSES ETC. OF THE USER OR DUE TO ANYONE DRIVING THE VEHICLE, THE USER SHALL BE LIABLE TO INCUR ALL THE COSTS.
WHEREAS FOR THE THIRD-PARTY CLAIMS WHICH ARE REJECTED DUE TO NEGLIGENCE/ MISCONDUCT/ RASH DRIVING/ OTHER UNLAWFUL OR ILLEGAL ACT ON PART OF THE USER OR THE PERSON DRIVING FURTHER CAUSING IRREPARABLE DAMAGE, TRUCKS UP SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIM.
IN CASE OF ANY THIRD-PARTY DAMAGE OR OWN DAMAGE/ ACCIDENTS, THE USER SHOULD INTIMATE TRUCKS UP AND POLICE AUTHORITIES PROMPTLY AND THEREAFTER PROVIDE COMPLETE SUPPORT AND DOCUMENTATION DURING THE COURSE OF THE LEGAL PROCESS AND/OR THE INSURANCE CLAIM PROCESS. IF ANY SUCH INSURANCE CLAIM IS REJECTEDAND LIABILITY IS TO BE ASSUMED BY TRUCKS UP OR THE TRUCK OWNER, AS THE CASE MAY BE,DUE TO THE FAILURE ON THE PART OF THE USER TO PROVIDE THE SAID INFORMATION TO TRUCKS UP /OTHER RELEVANT AUTHORITIES IN TIMELY MANNER, OR BREACH OF TERMS OF THIS AGREEMENT, THEN USER WILL BE SOLELY LIABLE TO BEAR ALL THE COSTS AND INCUR ALL THE EXPENSES.
ANY DAMAGE CAUSED TO THE VEHICLE DUE TO YOUR WILFUL MISCONDUCT, NEGLIGENCE OR BREACH OF ANY RULE UNDER MV ACT AND/OR THE SAID AGREEMENT DURING SUCH TIME WHEN THE VEHICLE WAS IN YOUR POSSESSION, YOU SHALL BE LIABLE TO INCUR ALL THE DAMAGES AND LOSSES.
IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES OF TRUCKUP SOLUTIONS(P)
LOADBOARD IS AN ONLINE CLASSIFIED PLATFORM, IT ACT AS A VENUE TO ALLOW OUR USERS WHO COMPLY WITH THESE TERMS TO POST THEIR TRANSPORT REQUIREMENTS ON THE PLATFORM. TRUCKSUP IS NOT A CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE TAKEN TO IMPLY TRUCKSUP IS A CARRIER, OR THAT TRUCKSUP IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A CARRIER. TRUCKSUP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR CARRIER SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES. AS A RESULT, AND AS DISCUSSED IN DETAIL IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT TRUCKSUP IS NOT A PARTY TO SUCH TRANSACTIONS, HAS NO CONTROL OVER ANY ELEMENT OF SUCH TRANSACTIONS, AND SHALL HAVE NO LIABILITY TO ANY PARTY IN CONNECTION WITH SUCH TRANSACTIONS. YOU USE THE SERVICE AND THE PLATFORM AT YOUR OWN RISK.
Our privacy policy details how we collect, use and disclose your information.
Subject to the terms of this Agreement, Trucksup will use commercially reasonable efforts to provide the Carrier with the Platform to facilitate a connect with persons including but not limited to Small and Medium Businesses/ Transporters / Logistics Service Provider/Booking Agents ( Business Associates) or Shippers for specific orders of transportation of cargo. Carriers can view details of orders and such other details pertaining to the orders posted by the Business Associates or Shippers. The Carriers can directly contact the Shipper via voice call services offered on the Platform or use notification facility to inform Business Associate or Shipper.
The Carriers can utilise the Services to post availability of trucks which would further assist and enable this facilitation process detailed in 1.1 above.
Trucksup does not evaluate the appropriateness, legality, regulatory compliance, quality or the ability of any Business Associate or Shipper or shipped items booked through the Trucksup platform. Trucksup makes no warranty regarding the same.
Shipments entered and acceptable to Trucksup’s policies (as updated from time to time) are listed and allocated to potential Carriers based on Trucksup .’s internal proprietary algorithm. Postings may be cancelled at any time by the Shippers prior to Carrier acceptance and Trucksup shall not be responsible for any loss occurred to User on account of such cancellations. Trucksup does not guarantee that the Carrier’s attempt to accept the shipment will be successful as it is subject purely to the discretion of the Shippers.
Carrier shall not name Trucksup as either a shipper or consignee on shipment documentation. Trucksup is not responsible for any Shipment terms entered into between Carrier and a Shipper.
Transport fees if quoted by the Shippers and stated on Trucksup’s platform and agreed to by your acceptance of Shipments is expected to include the following: transportation of the cargo from origin to destination, all fuel costs, tolls, or other expenses related to the operation or maintenance of your equipment; and any other specialized services or equipment contemplated in the load tender including, However, this fee is only indicative and shall in no way be construed as a binding offer of Contract. It is hereby clarified that the Platform merely works as a facilitation mechanism between the two parties and the Contract of transportation of cargo, if any, shall finally be entered into outside the Platform between such parties. Carrier shall clarify every term of carrying that material either Shipper or BA & TrucksUp in no circumstances shall be responsible for any loss or claim for damages to any party
Trucksup via the Platform may provide direction, mapping and related services. However, such routing information is not instructional or mandatory and the carrier is advised to use their own routing expertise and services.
As part of the registration process, you will identify an administrative username and password for your Trucksup account. Trucksup reserves the right to refuse registration of or cancel passwords it deems inappropriate.
THE CARRIER MAY NOT SUBCONTRACT OR OTHERWISE DELEGATE THE PERFORMANCE OF THE SERVICES OR ANY PART THEREOF TO A THIRD PARTY WITHOUT THE WRITTEN PERMISSION OF TRUCKSUP AND THE SHIPPER or BA.
the Carrier shall:
Always remain the first carrier under this agreement and in relation to all Shipments; and
Not subcontract or otherwise delegate the performance of the Services to any third party that is set out on the Prohibited List.
NON-SOLICITATION, Trucksup reserves the right to terminate your Account or this Agreement in its sole discretion
The Carrier agrees to provide Transportation and such allied Services to BA/Shipper by using Trucksup mobile platform of TRUCKSUP as detailed under
The Carrier shall pick/collect the goods/consignment from the location/place mentioned in the Order or as advised by BA/Shipper and deliver the same to the Consignee’s Address mentioned in the Goods Forwarding Note/LR
The Carrier undertakes and warrants that the vehicle deployed to BA/Shipper are of good order, in good running condition and shall be fully compliant with Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989, Traffic Rules as amended from time to time and such notices and circulars issued by Ministry of Road Transport & Highways or Road Transport Department of any State Government or by National Highway Authority of India from time to time.
The Carrier undertakes and warrants that the vehicle deployed for the services shall have valid permits for such routes, documents, Registration Certificate, Comprehensive and Third-Party Insurance for the vehicle deployed. In case, at any point in time it is found that the same is incorrect/fake/not valid, then BA/Shipper can take action as per law against Carrier.
The Carrier shall take utmost care of the Goods in its custody and shall be liable for any damage/pilferage/loss/tampering/accident arising due to its negligence/rash driving/callousness.
The Carrier undertakes and warrants that the Goods shall not be unloaded at any place other than the Consignee’s location or as advised by BA/Shipper with valid Documents. In case the goods are unloaded at any place without the consent of BA/Shipper, TRUCKSUP shall not be liable/responsible for any such cost/liability which is incurred by the Carrier as a cost of loading/unloading or warehouse rentals. In any such event, TRUCKSUP without prejudice to its legal rights available shall be entitled to take possession of goods without any interference from the Carrier. The Carrier waives his rights of any freight charges payable to him in any such illegal/unauthorised cases. It is ABSOLUTELY FORBIDDEN for the Carriers to keep the material for delivery in the event of a delay or nonpayment, or if the consignment is damaged, short, late, or adulterated, If BA/Shipper or carrier has any dispute or claim then they will resolve the said dispute among themselves and UNDER NO CIRCUMSTANCES TrucksUp shall be held financially or legally accountable for any claim damages, etc whether monetary, legally and criminally.
The Carrier understands and undertakes that he shall not have/claim lien/legal right on any goods or consignment of BA/Shipper or its customer and he shall have expressly waived his rights if any to that effect or to claim any consignment under lien for whatsoever reason.
The Carrier understands that he shall be jointly and severally liable for any Acts or Violations (including civil/ criminal acts) of its Employees/Drivers/Cleaners/Agents acting on its behalf.
The Carrier agrees and understands that he shall be solely responsible for any damage to his vehicle, driver/s, cleaner/s or to external parties arising due to whatsoever reason or any liability/obligations arising out of the same.
The Carrier shall follow the transit route as prescribed BA/Shipper or regular route by using National Highway/State Highway and shall not deviate the route without prior permission from them. In any situation warranting such deviation due to various reasons viz. blockage of road/strike/direction by Civil Authorities, the Carrier shall duly keep informed to BA/Shipper whoever provided him Load.
The Carrier at all times has to abide by terms & condition of BA/Shipper & in no circumstances Trucks Up can be held responsible for any claim, damage, lost, theft , highjack , adultation for any indirect, special, punitive or consequential damages of material or any criminal case or any liability
The Carrier shall at all times respond to the telephone calls of the executives of TRUCKSUP and update the status of his vehicles placed thru Trucksup Mobile app.
The CARRIER shall not tranship the consignment without prior intimation and approval of BA/Shipper or whoever provided load. The Carrier understands and undertakes that he shall be solely liable for any loss/damage/pilferage caused in such Transhipment.
In case of any accident/seizure of vehicle by any civil authorities/public agencies, the Carrier shall immediately inform to BA/Shipper or whoever provided load and shall take immediate steps to get the consignment/goods secured and take all steps necessary to release the goods in consultation with BA/Shipper. TRANSPORTER understands that any failure to inform on time regarding the same within Twenty-Four hours from the time of incident without any justified reason, then BA/Shipper can take action against carrier as per their hiring Contract with carrier.
Title to the Goods shall remain with BA/Shipper/Consignor /Consignee during the TRANSPORTATION and CARRIER shall not have any right over the same except to have it to transport and deliver in the manner prescribed.
When the Goods are accepted by the CARRIER, the Goods shall be deemed to have been handed over in good and saleable condition in accordance with documents accompanying the Goods, unless the CARRIER brings any defects to the attention of BA/Shipper by written notification without undue delay. The CARRIER shall be liable for any loss or damage that occurs during transportation. If the CARRIER cannot prove that the damage or loss has occurred before or after taking its possession, the damage or loss shall be deemed to have taken place during transportation.
In case of Accident/Theft/Highjack of material or due to Flood, Rain, Fire or any other way if material is damaged then its duty of Carrier to inform BA/Shipper & follow the process as instructed by them. TrucksUp shall not be liable to the Carrier and the third party for any indirect, special, punitive, or consequential damages (including lost profits) or loss to Carrier/BA/Shipper due to noncompliance of Process.
This Terms of Use of Service Agreement governs the access or use by Business Associate( BA) /“Shipper”), of applications, websites, content, products, and services (the “Services”) made available by Trucksup on the mobile application of the platform (collectively, the "Platform").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
YOUR ACCESS AND USE OF THE SERVICES ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND TRUCKSUP AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND AGREE TO CONFORM TO ANY APPLICABLE POSTED GUIDELINES FOR SUCH SERVICE, WHICH MAY CHANGE OR BE UPDATED FROM TIME TO TIME AT TRUCKSUP ’S SOLE DISCRETION WHICH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS, ANY GUIDELINE, OR ANY SUBSEQUENT CHANGES THERETO OR BECOME UNHAPPY WITH TRUCKSUP OR THE SERVICE IN ANY WAY, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SERVICES. THESE TERMS MAY BE UPDATED BY TRUCKSUP AT ANY TIME AT ITS SOLE DISCRETION. TRUCKSUP MAY SEND YOU NOTICES OF CHANGES TO THE PLATFORM OR THE TERMS.
Our privacy policy details how we collect, use and disclose your information.
Subject to the terms of this Agreement, Trucksup will use commercially reasonable efforts to provide the BA/Shipper (“You”) with a Platform to connect You with Carriers for the transportation of cargo whereby You are able to submit requests for transportation to Carriers. Carriers can thereby accept such requests for the shipment.
Trucksup does not evaluate the appropriateness, legality, regulatory compliance, quality or the ability of any BA/,Shipper and/or Carrier or shipped items booked through the Trucksup platform. Trucksup makes no warranty regarding the same.
Trucksup is not responsible for any Shipment terms entered into between you and any Carrier. Once Trucksup accepts a transport request for posting, the same shall be posted on the Platform. You may cancel a request at any time prior to a Carrier accepting it, however Trucksup shall not be liable for any losses occurring to either party on account of such cancelations. A Carrier may view a list of the requests available to it at any time and express their interest in the same through various channels/modes available to them on the Platform. Upon a Carrier’s expression of interest in the said shipment, Trucksup shall notify you. Such notification is just an intimation of request and in no case shall be construed as a final and binding agreement. Trucksup does not guarantee that an accepted request will eventually be fulfilled by any Carrier. You further agree that you shall not post request for shipments of any items the sale of which is prohibited, restricted or regulated by applicable law. You hereby agree to indemnify and hold harmless Trucksup against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although Trucksup has no obligation to monitor your use of the Services, Trucksup may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
It’s your responsibility to check all the documents of the vehicle in which you are loading your material. If something comes up during in transit of the vehicle. Trucks Up LTD will not be liable for the same. Trucks Up LTD will not take any guarantee of any Carrier on its platform, it’s your responsibility to do a background check of the Carrier with whom you are doing business.
As part of the registration process, you will identify an administrative username and password for your TruckUp account. Trucksup reserves the right to refuse registration of or cancel passwords it deems inappropriate.
Trucksup is just a Digital mPlateform where we are helping Carrier/Shipper/Business Associates place their requirements & select each other after enquiring about credential of each other & understand each other requirement & ensure all terms & conditions of respective party is understood & TrucksUp shall not be liable to the Carrier and the third party for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to TrucksUp vehicle, its use, or this agreement or anything aforementioned.
You shall not book shipments with any carrier, nor pursue any business you first became aware of due to Trucksup , for 12 months after the termination of your account with Trucksup . In no circumstances you will use Carrier details to do business directly other than Trucksup Platform. In case if you do business bypassing Trucksup platform then you will pay Penalty of Rs 10000 for every such case. Trucksup reserves the right to terminate your Account or this Agreement in its sole discretion for a breach or suspected breach of this Section.
Trucks Up at a latter stage will be routing the calls of our Users through our system, currently the Users can call directly to the contact number provided on the MobileApp
I HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND I AGREE TO BE BOUND BY THE SAME.
I ACCEPT
I DENY