Terms & Conditions

Welcome to ezTruck. If you continue to browse and use our app or website, you are agreeing to comply with and be bound by the following terms and conditions of services in logistics, which together with our privacy policy govern ezTruck Logistics Private Limited’s (the owner of ezTruck) relationship with you in relation to this app or website and the Service (as described below). In the event, there is a convention.

Definitions

The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us: "We", "us", "our", "Carrier" and "ezTruck" shall refer to ezTruck Logistics Pvt. Ltd. (owner of ezTruck), its employees, authorised agents, and 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" and "consignor" shall refer to the sender, consignor, or consignee of the Consignment, the holder of this Consignment Note, the 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. "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment. "Consignment" means any package, parcel, satchel, or freight that is or is given to and accepted by us for carriage under our Consignment Note. "Delivery" means the tender of the consignment to the consignee or an intimation about the arrival of the consignment. "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law. "Receiver" or "Consignee" shall refer to the recipient, addressee, or consignee of the Consignment. "Consignment" means any package, parcel, sachet, or freight that is or is given to and accepted by us for carriage under our 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. "Delivery" means the tender of the consignment to the consignee or an intimation about the arrival of the consignment. "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law. "Receiver" or "Consignee" shall refer to the recipient, addressee, or consignee of the Consignment. "Applicable Law" means all laws, statutes, ordinances, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives, and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration, and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator, board, or such other body which has the force of law in India.

User(s) eligibility

User(s) means any individual or business entity or organisation that legally operates in India or in other countries and uses and has the right to use the services provided by ezTruck. The Services provided by ezTruck are a technology-based service that enables the hiring of mini-trucks by customers for a point-to-point service or for a time- and usage-based service within city limits and outside city limits, including inter-city all over India, through the internet and/or mobile telecommunications devices. Our Services are available only to those individuals or companies that can form legally binding contracts under the Applicable Law. Therefore, the user(s) must not be a minor as per Applicable law, i.e., the user(s) must be at least 18 years of age to be eligible to use our Services. ezTruck advises its users that while accessing the web site, they must follow or abide by the related laws. ezTruck is not responsible for the possible consequences caused by your behaviour during the use of the web site. ezTruck may, in its sole discretion, refuse the service to anyone at any time.

user(s) agreement

This agreement applies to user(s) if they are visitors, registered (free or paid) users who access the web site for any purpose. It also applies to any legal entity that may be represented by you under actual or apparent authority. The user(s) may use this site solely for their own personal or internal purposes. This agreement applies to all ezTruck Services offered on the web site, collectively with any additional terms and conditions that may be applicable to the specific service used or accessed by the user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein and those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

Amendment to user(s) agreement

ezTruck may change, modify, amend, or update this agreement from time to time without any prior notification to the user(s), and the amended and restated terms and conditions of use shall be effective immediately upon posting. If you do not adhere to the changes, you must stop using the service. Your continued use of the Services will signify your acceptance of the changed terms. The user(s) shall also be bound by any amendment made to any policy or agreement from time to time, as referred to in these Terms of Service.

Intellectual Property Rights

ezTruck is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video, etc. The web site's content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the web site and its content shall remain with ezTruck, its affiliates, or the licensors of ezTruck content, as the case may be. All rights not otherwise claimed under this agreement or by ezTruck.in are hereby reserved. The information contained in this web site is intended solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. ezTruck does not represent or endorse the accuracy or reliability of any information or advertisements (collectively, the "content") contained on, distributed through, linked, downloaded, or accessed from any of the Services contained on this web site, or the quality of any products, information, or other materials displayed or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions or for the results obtained from the use of this information. All information on this web site is provided "AS IS," with no guarantee of completeness, accuracy, timeliness, or the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall, to any extent, substitute for the independent investigations and the sound technical and business judgement of the user(s). In no event shall ezTruck be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. The user(s) of this site must hereby acknowledge that any reliance upon any content is at their sole risk. ezTruck reserves the right, in its sole discretion and without any obligation, to make improvements to or correct any error or omission in any portion of the Service or the app or website.

Trademark

All related icons and logos are registered trademarks or service marks of ezTruck in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorised copying, modification, use, or publication of these marks is strictly prohibited.

Copyright

All content on this web site is the copyright of ezTruck except for third-party content and links to third-party web sites on our app or website. Systematic retrieval of ezTruck content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from ezTruck is prohibited. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of ezTruck's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. ezTruck reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the ezTruck service, if ezTruck believes that the user(s) conduct is harmful to the interests of ezTruck, its affiliates, or other users, or for any other reason in ezTruck's sole discretion, with or without cause. You shall be liable to indemnify ezTruck for any losses or expenses incurred by ezTruck due to any infringement of intellectual property rights owned by ezTruck without prejudicing ezTruck’s right to bring any legal action against you.

Links To Third Party Site

Links to third-party sites are provided by the web site as a convenience to the user(s), and ezTruck has no control over such sites, i.e., the content and resources provided by them. ezTruck may allow user(s) access to content, products, or Services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using them in order to be aware of the terms and conditions of your use of them. ezTruck believes that the user(s) acknowledge that ezTruck has no control over such a third party's site, does not monitor such sites, and shall not be responsible or liable to anyone for such a third party site or any content, products, or Services made available on such a site. The user(s) shall review ezTruck’s Privacy Policy and abide by it at the time of their interaction with ezTruck with respect to and concerning any information and data.

Termination

Most of the content and some of the features on the web site are made available to visitors free of charge. However, ezTruck reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. ezTruck also reserves the universal right to deny access to particular users to any or all of its Services without any prior notice or explanation in order to protect the interests of ezTruck and/or other visitors to the web site. ezTruck reserves 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.

Terms & Conditions

The following Terms and Conditions shall apply to customers utilising the Services offered by the Company for the hiring of mini-trucks: The customer shall pay the fare (as agreed), parking charges, an additional night surcharge (where applicable), and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing of the mini-truck Services. The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the customer and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. The customer shall ensure that he or she will not indulge in any of the following activities while availing of the service: Soiling or damaging the body and/or any other interiors of the mini-truck Misusing, soiling, or damaging any of the devices (technical or non-technical) in the truck Asking the driver to break any traffic, RTO, city police, and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up. Pressuring the driver to overload the truck with more cargo than the allowed limit The Customer shall indemnify the Company from and against and in respect of any or all liabilities, losses, charges, and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions, and proceedings which the Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer, and shall pay such sums on demand to the Company. The Company is hereby authorised to use the location-based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a mini-truck booking. The location-based information will be used only to facilitate and improve the probability of locating a mini-truck for the Customer. The Company shall be entitled to disclose to all companies within its group or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of the Company in any way as the Company, in its absolute discretion, deems fit or if it considers it in its interests to do so. The Company shall be entitled at any time without giving any reason to terminate the booking of the truck done by the Customer. User(s) shall indemnify ezTruck with respect to any expenses incurred with respect to such booking. In case of lost items inside the Company during the journey, the company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. ezTruck aggregates its vehicles for the purposes of providing services. In the event of the loss of any item, the user(s) shall not have any right to withhold the payment to be made towards ezTruck. Further, in the event any payments from the User to ezTruck are pending for the period prescribed by ezTruck in its respective invoice, ezTruck reserves the right to exercise a particular lien over the consignment until full payment is made to ezTruck for its services. Additionally, the user(s) will be liable to indemnify ezTruck against any loss, damage, or expenses incurred by us due to the custody of the consignment during this period. For any complaint in respect of the Services or the use of the mini-truck, the Customer has to inform the company of the same in writing within 24 hours of using the mini-truck or the Services of the company. The Company shall not be liable for the conduct of the drivers of the mini-trucks. However, the Company encourages you to notify it of any complaints that you may have against the driver that you may have hired using the Company's Services. The Company shall be entitled to add to, vary, or amend any or all of these terms and conditions at any time, and the Customer shall be bound by such addition, variation, or amendment once such addition, variation, or amendment is incorporated into these terms and conditions at the Company's website at www.ezTruck.in on the date that the Company may indicate that such addition, variation, or amendment is to come into effect. All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event You place a query on our app or website, including a query with respect to our Services, applicable fees, or terms of Service, you expressly agree to consent to receive our responses, whether by way of telephone calls or electronic mail, to such query and all related information with respect to our Services. For the removal of doubts, related information shall include, without limitation, any marketing and/or commercial information. You understand and agree that such information shall in no event qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or that, due to the disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

Cancellation Policy:

All cancellations made 5 minutes after driver allocation will incur a cancellation fee of Rs. 50. Cancelling four bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change. Toll Charges: In the event of a toll on your trip, the return toll fare will be charged.

Confidentiality

The user(s) shall not disclose any information received under the contract of service with ezTruck to any third party. Access to any information that pertains to the business of ezTruck shall be kept confidential to the extent it might adversely impact ezTruck’s business. The user(s) shall be liable to indemnify ezTruck against any loss of business or reputation due to the act of the user(s). You acknowledge that the labour Service is provided only for ground-to-ground loading and unloading. You acknowledge that the ground floor movement (distance between the transport vehicle and the loading or unloading point) shall not exceed 25 metres. You acknowledge that the extra charges (as visible in the Invoice) for the labour Service shall be payable by you. You agree that you will be present in person at the time of loading or unloading the Consignment. If you are not available, an authorised representative must be present. You agree that ezTruck shall not be liable for the misbehaviour of the labourers during the loading and unloading. However, you are requested to bring such incidents to the attention of the company. The Company, in its sole discretion, may take action in such matters.

Disclaimer

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Company does not own any mini-truck nor does it directly or indirectly employ any drivers for the vehicle. Mini-trucks and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the mini-trucks alike. The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

Ace Plus Terms And Conditions

The following Terms and Conditions shall apply to customers utilising the Services offered by the Company for the hiring of Ace Plus: The Company has the right to use the customer's contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

The following Terms and Conditions shall apply to customers utilising the Services offered by the Company for the hiring of Ace Plus: Only ground floor-to-ground floor loading and unloading is allowed. The distance between the ezTruck truck and the loading or unloading point should not be more than 25 feet (8 metres). The maximum weight per box allowed is 25 kg, and up to 30 such boxes or cartons are allowed. A labour charge will be automatically added to the invoice.

Your Aceeptance Of Our Terms And Conditions

By giving us your consignment, you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other services, irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or subcontract to collect, transport, deliver, or perform other services, as well as our employees, directors, and agents. Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the consignment with oral or written instructions that conflict with our terms and conditions, we shall not be bound by such instructions.

Your Obligations

You warrant, undertake, and guarantee to us that the contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note, that the Consignment Note is complete in all respects, and that the documents as required for transporting the consignment, including the invoice and permits, are enclosed with the Consignment Note. That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations, and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately, in accordance with Applicable law, and that neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law. That all statements, information, and documents provided by you relating to the Consignment will be true and correct, and you acknowledge that in the event that you make an untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you. We are authorised to deliver the goods at the address mentioned on the Consignment note, and without prejudice to the foregoing, it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS or email; no response within 24 hours would be considered an affirmative to the delivery. You have declared the correct weight of the consignment, and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles. When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us, you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice. Applicable Law has been complied with by you. You understand, agree, and acknowledge that the Services are not suitable for the transportation of valuables like cash, gold, silver, diamonds, precious stones, jewels or jewellery, expensive luxury items, etc. ("Valuables"). If you handover or load the vehicles with Valuables for transportation, any loss, damage, theft, or misappropriation to or of the consignment shall be at your risk and not ours. For the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising from or accruing from the damage, loss, theft, or misappropriation to or of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered a loss of reputation or goodwill due to your actions of breaching our terms of service. You understand, agree, and acknowledge that if the consignment or any contents thereof are of a value exceeding INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In the absence of adequate insurance to cover loss of goods in transit or in the absence of wrong or non-declaration of the consignment details or value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours, and we explicitly and specifically disclaim any liability and/or responsibility arising from or accruing from the damage, loss, theft, misappropriation, or any insurable loss to or of the consignment or any contents of the consignment, and you further agree to indemnify us in all those cases where we have suffered loss of reputation or goodwill due to your actions of breaching our terms of service. You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages, or expenses, including legal costs, we incur either to you or to anyone else arising out of your being in breach of any of these warranties, representations, and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations. You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents, you risk a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities, such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and to pay any administration fee we may charge you for providing the Services described in this condition. The customer agrees and acknowledges that the use of the Services offered by the company is at the sole risk of the customer and that the company disclaims all representations and warranties of any kind, whether express or implied, as to condition, suitability, quality, merchantability, and fitness for any purposes, to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representations or warranties with respect to The Services meeting the customer's requirements. The Services will be uninterrupted, timely, secure, or error-free. Any responsibility or liability for any loss or damage, howsoever caused or suffered by the customer, arising out of the use of Services offered by the company or due to the failure of the company to provide services to the customer for any reason whatsoever, including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission, or telecommunications system, or other circumstances whether or not beyond the control of the company or any person or any organisation involved in the above mentioned systems. Any liability for any damages of any kind arising from the use of the Service offered by the Company, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Any additional or extra charges for far-off locations and toll charges as well. Any additional or extra charges for far-off locations and toll charges as well. The applicable law has been complied with by you. Circumstances beyond our control, such as (but not limited to): Acts of God, including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, or frost, or other natural calamities or disasters Force majeure includes (but is not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, or civil commotions. National or local disruptions in air or ground transportation networks and mechanical problems with modes of transport or machinery Latent defects or inherent vices in the contents of the consignment Criminal acts of third parties, such as theft and arson. Your acts or omissions or those of third parties, such as: You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions The contents of the consignment consisting of any article that is a prohibited item / Dangerous Goods / Valuables even though we may have accepted the consignment by mistake or you have willingly handed it over to us without notifying / informing / declaring to us.

Dangerous Goods / Security

Dangerous Goods We do not carry, nor perform other Services regarding, goods that are, in our sole opinion, Dangerous goods, including, but not limited to, those specified in the regulations, guidelines, technical instructions, and codes applicable to us and our business, or to the transport of, or the performance of other Services regarding, Dangerous Goods. We may, at our discretion, accept some Dangerous Goods for carriage or for the performance of other services in some locations if you have been accorded the status of an approved customer, and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements, together with the procedure for applying for approved customer status, are available from our nearest office, and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment. Prohibited Items: We do not accept consignments that contain prohibited items. We accept consignments only upon your declaration of the type and value of the consignment ("said to contain" basis). We have no responsibility whatsoever as to the correctness of description, type, or value thereof, and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

Rejected Consignment

If the receiver refuses to accept delivery, we will try to contact you and agree to the next action if it is appropriate. You agree to pay us any costs we incur in forwarding, disposing of, or returning the consignment and our charges (if any) for the agreed-upon appropriate next action. If user(s) terminate the agreement with ezTruck with respect to any consignment, user(s) shall be liable to pay ezTruck the entire fees and other expenses so incurred with respect to such consignment.

Claims Brought By Third Parties

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of carriage, even though we may have been negligent or in default, and if a claim or action is made, you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it. The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and ezTruck with respect to access to and use of the web site and the Services offered by ezTruck, superseding any prior written or oral agreements in relation to the same subject matter herein.

cashback Schemes

Please find all cashback-related terms and conditions here. ASSURED BOOKING TERMS: Only the users who have received the communication are eligible under this scheme. This scheme is eligible for Tata Ace open category bookings between 10:30 and 19:00 Hours only. This scheme is eligible when the pickup location is from Perambur, Choolai, Vyasarpadi, Purshwalkam, Ayanavram, and Kilpauk clusters in Chennai only. Each user will only be eligible once a day for this scheme, i.e., a user will be eligible for a maximum of Rs 50/- (Rupees Fifty only) cashback in a day in case of an unfulfilled booking. The cashback will be automatically credited to the user's account within 24 hours of an unfulfilled booking. Management's decision will be considered final with regard to all aspects of the scheme. GST: GST, as applicable, will be levied on the Invoice. Any information shall be considered only prospectively. Under no circumstances will invoices be revised retrospectively for a delay in providing GST registration information. Taxes on the reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.

Governing Law And Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the India, without regard to the principles of conflict of laws. The courts of [Bengaluru] shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service

Disclaimer

The information contained in this website and ezTruck App is for general information purposes only. The information is provided by ezTruck and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website / App or the information, products, services, or related graphics contained on the website / App for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatever arising from loss of data or profits arising out of, or in connection with, the use of this website / App. Through this website / App you are able to link to other websites which are not under the control of ezTruck. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the portal up and running smoothly. However, ezTruck takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.