Terms And Conditions

PLEASE ACCEPT THE TERMS AND CONDITIONS BEFORE USING THIS PLATFORM.
  1. General
    1.  The following terms and conditions of use (“Terms”) are for Traansport.com Technology and Services Private Limited, which provides services catering to the logistics and/or thetransport sector (hereinafter referred to as “Services”) through its technology-based platform (hereinafter referred to as the “Platform”). The Platform consists of websites,mobile apps, backend infrastructure of information technology hardware and software, specialist industry knowledge, people, third-party service providers, etc. and allows users toavail the Services and is owned, managed, and/or operated by Traansport.com Technology and Services Private Limited, a company incorporated under the laws of India, having its registered office at 304, Kakad Chambers, 132 Dr. A. B. Road, Worli, Mumbai – 400 018 and having the CIN Number U63030MH2016PTC282869 (“Company” or “we” or “us” or “our”). It is clarified that the Company does not provide transportation or logistics services, and does not function as a shipper, transporter, broker, or fleet owner.
    2.  The Platform is intended to be used by transporters, their customers, brokers, drivers and fleet owners, including personnel authorised by them or representing them (hereinafter referred to as the “User” or “You”) for availing the Company’s Platform. By using the Platform provided by the Company, the User is accepting and consenting to the practices described in these Terms and the Company’s Privacy Policy.
  2. User Eligibility
      The Company does not offer Services on its Platform to persons who have not attained the age of majority, which is 18 years. The information of such persons is not retained by the Company and it reserves the right to cancel the accounts of such Users.
  3. Acceptance Of Terms Of Use
      These Terms (together with the documents referred to in it) provide you with the terms on which you may make use of this Platform, whether as a guest or a registered User. Use of our Platform includes accessing, browsing, or registering to use our Platform. By using our Platform, you confirm that you accept these Terms of use and that you agree to comply with them.
  4. Warranties
      You warrant that you have accurately identified yourself through your account and will maintain the accuracy of such identification; and that you are in compliance with the User Eligibility mentioned in Clause 2 above and are an authorised personnel or representative of a business entity registered under applicable law and you are authorized by such entity to use the Services and the Platform on its behalf.
  5. Compliance With Applicable Laws
      The Users represent and warrant to the Company that they will comply with all the laws that are applicable on them including, but not limited to, the Motor Vehicles Act, 1988, the Carriage by Road Act, 2007, etc. The Company shall not, in any case, be responsible for non-compliance by the User with applicable laws. The Company shall not be liable to indemnify any third party for non-compliance on the part of the User with applicable laws.
  6. Accessing Our Services And Platform
    1.  Our Platform and Services are generally made available on a charge basis. You may not be able to use the Platform and the Services in case you fail to make the payments towards the usage. We may suspend, withdraw, discontinue or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
    2.  You are also responsible for ensuring that all persons who access our Services and Platform through your login credentials and/or internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    3.  Any software made available to work on our Platform or on a Mobile device and/or to download information and resources from it (the "Software") is the exclusive property and copyrighted work of the Company and/or its affiliates. You are authorized to use this Software only for the purpose of using the Platform, and/or downloading information, and resources from it. Under no circumstances, you shall redistribute, restructure, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
    4.  The Platform and Services may provide certain services through third-party service providers, such as Google Maps, Goods and Services Tax Network, E-waybill System, Parivahan, etc. and the Company shall not be liable for any damages/losses arising out of slippages by such third-party service providers.
    5.  The Company shall not be liable to make any restitution in case of data losses/data integrity issues due to attrition and/or dissociation of Users at the transporters, their customers, brokers, drivers and fleet owners, including personnel authorised by them or representing them, for any reason.
    6.  While it is our endeavour to provide a seamless experience, however, our Platform and Services may be subject to limitations, delays, outages, and other problems beyond our control. We may also change, suspend, withdraw, discontinue or change all or part of our Services and Platform for technological or business reasons without giving prior notice. We are not liable for such changes, suspensions, delays, outages, failures, etc. or other damages that result from these.
    7.  The Company will reasonably keep the Platform and its contents up to date but does not guarantee that the Platform and/or the contents thereon are free of errors, defects, malware and/or viruses or that the information available in the Platform is correct, up to date and/or accurate.
  7. Your Account And Password
      If you choose, or you are provided with, a User identification, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any User identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. You are prohibited from accessing the Platform using any credentials except your own User identification and password. If you know, or suspect that anyone other than you, knows your User identification code or password, you must promptly notify us.
  8. Intellectual Property Rights
    1.  All intellectual property rights in the copyrights and trademarks in relation to the Company are the exclusive property of the Company. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2.  You must not modify the paper, invoices, certificates or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged only after our written permission.
    3.  You acknowledge that the permission given by us to you to access the Platform will not convey any proprietary or ownership rights in the software/hardware or any contents on the Platform.
  9. Uploading Content To Our Platform
    1.  Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in this policy.
    2.  We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their right to privacy.
    3.  We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other User of our Platform.
  10. Content Standards
    1.  These content standards apply to any and all material which you contribute to our Platform (“Contributions”), and to any interactive services associated with it.
    2.  You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
    3. Contributions must:
        a) Be accurate (where they state facts).
        b) Be genuinely held (where they state opinions).
        c) Comply with applicable law in India and in any country from which they are posted.
    4. Contributions must not:
        a) Contain any material which is defamatory to any person.
        b) Contain any material which is obscene, vulgar, offensive, hateful or inflammatory, unlawful, harassing, libellous, abusive, threatening, harmful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.
        c) Promote sexually explicit material.
        d) Promote violence.
        e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
        f) Infringe any copyright, database right or trademark of any other person.
        g) Be likely to deceive any person.
        h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
        i) Promote any illegal activity.
        j) Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
        k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
        l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
        m) Give the impression that they emanate from us, if this is not the case.
        n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
        o) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access our Platform or any other website, link of which is available on our Platform.
  11. Acceptable Use
    1. You may use our Platform only for lawful purposes. You may not use our Platform:
        a) In any way that breaches any applicable local, national or international law or regulation.
        b) In any way that is unlawful or fraudulent, or has any unlawful or fradulent purpose or effect.
        d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
        e) To upload, post, email, transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
        f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
        g) To engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “griefing” as those terms are commonly understood and used on the internet, or to threaten the security and sovereignty of India.
        h) To carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on any application or internet service.
    2.  The User agrees that, it has received approval from parties concerned whose information (such as driver license numbers, truck registration numbers, contact details of drivers, brokers, etc.) it shares with the Company, and also agrees and permits the Company to share any information provided by itself, with third parties in order to facilitate provision of certain services offered by such third parties/Company to itself.
    3.  Any User, who uses our Platform in contravention of these terms and/or applicable law shall be immediately removed and maybe reported to the relevant statutory authorities. We also reserve the right to suspend or terminate, at our discretion, the right of any User to access the Platform indefinitely.
  12. Communications
      The User hereby expressly consents to receive communications from the Company and/or third parties authorized by the User through their registered phone numbers and/or e-mail IDs. The User agrees that any communication so received by them from the Company and/or any third parties authorized by the User will not amount to spam, unsolicited communication or a violation of their registration.
  13. Changes To These Terms
      Any changes that the Company may make to these Terms in the future will be posted on this page and, where appropriate, notified to the User by e-mail. The User is requested to check back frequently to see any updates or changes to these Terms. The continued use by the User of the Platform shall constitute deemed acceptance of the changes.
  14. Limitation Of Liability
    1.  To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platform and Services, whether express or implied.
        a) We will not be liable to any User, or anyone else claiming through the User, for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising from or in connection with our Platform and Services;
        b) Use of, or inability to use, our Platform; or
        c) Use of or reliance on any content displayed on our Platform.
    2.  We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  15. Disclaimer
    1.  This Platform, the information and materials thereon, and any software made available thereon, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. In spite of the Company’s best endeavors, there is no warranty on behalf of the Company that the Platform will be free of computer viruses.
    2.  We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. In no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services provided on the Platform. Users of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
  16. Indeminity
      The User agrees to defend, indemnify and hold harmless the Company, its affiliates and its respective officers, directors, employees, agents and representatives from all claims, demands or actions including attorneys’ fees made by the User or any third party or penalty imposed due to or arising out of the User’s activities in connection with the Platform or Services.
  17. Termination
      The Company reserves the right to suspend or terminate a User’s access to certain or all areas or features of the Platform (to registered Users) at any time for any reason, with or without notice. We also reserve the universal right to deny access to particular Users to any/all of its Services/content without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform. We have the right to limit, deny or create different access to the web site and its features with respect to different users, or to change any of the features or introduce new features without prior notice. Upon suspension or termination of registration of the User on the Platform, the Company shall continue to retain the data relating to the User collected on the Platform and the Company shall not share this data with any third party other than as required by applicable law. For a period of two (2) months post-termination, the User will have access to its personal data uploaded onto the Platform by using the login User ID and password, and will only be able to view the data in connection to the transactions undertaken by itself. Post such period, the User ID and password shall become inactive and the User will not be able to access any data on the Platform.
  18. Payment
    1.  The membership of the Platform may or may not be chargeable. We do, however, charge a service fee or commission for the use of Platform and/or availing Services provided by us. The details of the same can be obtained from us before availing any of the Services or using the Platform. Any such service fee or commission is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessments as levied by the Government, arising out of your use of the Services available from the Platform and agree to pay the Company all such fees or commission or dues on or before their respective due date.
    2.  In case there is a short charging by us for any fee because of technical or other reasons (including as a result of a change in our fee structure), we reserve the right to deduct/charge/claim the balance amount subsequent to the transaction at our discretion.
  19. Severability
      The invalidity or unenforceability of any part of these Terms shall not prejudice or affect the validity or enforceability of the remainder of these Terms. If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, these Terms shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
  20. Relationship
    1.  Users agree and acknowledge that the Company is not the agent of the Users or the agent of participating persons to a relevant transaction and is not a party to the contract for hiring of such parties in a concerned transaction. All participating persons that hire or are hired are operated by third-party providers. The Company does not guarantee the ability and/or performance of such participating persons or any other parties operated by third-party providers. It is solely the responsibility of the Users to determine if the participating persons transacting with them will meet their needs and expectations.
    2.  The Company and the Platform act as mere facilitators who gather trucking data as per the requirements of the Users. As set forth above, such contract between the Users and the participating persons does not include the Company and the Platform, and that the Company and the Platform are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of trucks due to non-availability, services not meeting expectations of the Users, poor quality, etc.
  21. No Conflict
      In the event there is a conflict between these Terms (read with our Privacy Policy) and the provisions of any other document executed between the parties hereto, the Terms specified herein (read with our Privacy Policy) would prevail unless explicitly stated in such document.
  22. Governing Law And Dispute Resolution
    1.  These Terms and the relationship between the User and the Company shall be governed and construed in accordance with the laws of India.
    2.  Any dispute arising under these Terms shall be settled by amicable discussion of the User and the Company. Where the parties are unable to reach an amicable settlement within thirty (30) days of the dispute, the parties shall have the right to bring a suit in relation to the dispute.
    3.  The User agrees that all claims, differences and disputes arising under or in connection with or in relation to the terms or any transactions contemplated herein shall be subject to the exclusive jurisdiction of the courts at Mumbai (Maharashtra) and the User hereby accedes to and accepts the jurisdiction of such courts.