a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.pockettrucks.com ("Website/App"), including its online services, such as use of software on Website/App and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website/App ("Materials") is owned and operated by POCKETTRUCKS SERVICES PVT LTD (“Company”) a Private Company, incorporated under the provisions of the Companies Act, 2013, and having its registered office at: No. 3095, 10th block, 3rd cross, Janapriya heavens, Allalasandra, GKVK post, Bangalore – 560056, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website/App, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website/App constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/App following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website/App.
2. OUR SERVICES
PocketTrucks is an on-demand truck delivery booking platform, the service is available on website as well as on mobile application that allows the user to avail or schedule a service of PocketTrucks anytime. PocketTrucks services provides services to both individuals and business users, be it intercity or intra-city truck delivery services. For intracity, customers can use services through mobile application using local delivery trucks, for intercity delivery services, customers can book through website. We collect shipments from any location, to make sure customer gets the best service, Customer can accept or reject an instant quote/best quote from each transport partner or drivers/ truck owners and look at the ratings. We also provide automated waybill and invoice as well as tracking details for customers shipment from pickup to delivery. PocketTrucks aims to revolutionize the traditional inefficient shipping industries by moving it entirely online, bringing automation and transparency.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website/App if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website/App; or b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16&18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
5. TERMINATION This Agreement is effective upon use of the PocketTrucks Program or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate your participation in the Services at any time, for any reason upon receipt by us of your written or email notice of termination. Either you or we may terminate your participation in the PocketTrucks Program by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records We have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the PocketTrucks Program is terminated, this Agreement will remain in effect.
6. FACILITIES TO BE RENDERED BY THE WEBSITE/APP
i. To provide a log in id and password to enable registered User to create, update, and make any changes in its Profile Page as required.
ii. PocketTrucks team help with account set-up and add parcel details.
iii. All kinds of “Commercial Truck Vehicles” (Light Commercial Vehicle, Medium Commercial Vehicle, Heavy Commercial Vehicle) booking platform. Our service is the combination of both mobile application (Local Drivers)as well as website truck booking platform(“Transport Partners” And “Packers & Movers” ), if the customer need to send any kind of parcel within intra city limit ,they can easily book through our mobile application & opt for “Pick now” / “Pick Later” services. Similarly, if the customer need to do intercity shipment ,customer can easily book a truck through our mobile application and Website(“through Transport Partners” And “Packers & Movers” ) & get “Instant”/”Best” quotes.
iv. PocketTrucks also offers immediate pickup and in advance for pickup later.
v. By using this Website/App and providing his/her contact information to the Company through the Website/App, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to [email@example.com] with the subject [UNSUBSCRIBE]. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
vi. To facilitate e-mail communication between Website/App's registered Users and the registered customer to enable Users to make and receive queries.
vii. PocketTrucks ensures easy tracking of your shipment at every moment.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website/App or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. CHARGES & PAYMENT
a) The payment mode is completely depend on cashless method, the commission will be charged based on the “Cost Of Shipment”
b) Payments for the Services offered by PocketTrucks shall be on an advance basis and it shall be made through PayTM/Credit/Debit card/Net Banking/Tez/Bhim/UPI or as provided on the Website/App.
c) PocketTrucks offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
d) GST on all the above components shall be inclusive in the price.
e) PocketTrucks have a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
However, the Company reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website/App, and the User shall have the option of declining to avail of the services offered on the Website/App. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
8. TERMS, CONDITIONS AND DUTIES OF THE USER
a. It is the duty of User to provide true/accurate / complete information about its shop/store, locality of shop, and all the details relating thereof.
b. The User agrees to comply with all notices or instructions given by PocketTrucks from time to time to enable the use of the Services.
c. User can start tracking his shipment as soon as it has been shipped out. All you need to do is click on the link in the email sent to User after the order is placed or by going to history tab in android application and track the journey of your item in real time.
d. The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Website/Apps services.
e. The User shall promptly make the payment to PocketTrucks towards the services rendered as and when it becomes payable.
f. User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
g. PocketTrucks is a technology company that does not directly provide delivery and moving services and the Company is not a transportation and delivery provider. It is up to our Transport partners and movers (the "Delivery Providers/Truck owners") to accept your delivery services and it is up to you (references to "You", "Your" or "User" shall mean references to each visitor to the Website (as defined below), as the context requires) to accept their request for your delivery (the "Delivery Request"). The service of the Company is to link you with the Delivery Providers (the "Service") through the use of an application as well website supplied by PocketTrucks and downloaded and installed by you on your single mobile or tablet device (the "Application"), but does not nor is it intended to provide delivery services or any act that can be construed in any way as an act of a Delivery Provider. The Company is not responsible or liable for the acts and/or omissions of any Delivery Provider and/or any delivery or moving services provided to you.
h. The User shall at all times during the pendency of this agreement endeavour to protect and promote the interest of the Companyand ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
i. User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website/App. Any such use / limited use of the Website/App will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website/App is expressly prohibited.
j. The client will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.
k. The client shall be responsible for all activities that occur under client’s account. l. The client agrees and acknowledges that he/she will use their account on the Website/App to purchase only for their personal use.
m. Further undertakes not to: i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website/App or the goods provided therein (or the servers and networks which are connected to the Website/App);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App;
vii. Download any file posted/uploaded by another User of the Website/App that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website/App or any network connected to the Website/App, nor breach the security or authentication measures on the Website/App or any network connected to the Website/App. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website/App, or any other customer of the Website/App, including any User account maintained on the Website/App not operated/managed by the User, or exploit the Website/App or information made available or offered by or through the Website/App, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website/Apps or any affiliated or linked Website/Apps;
x. Collect or store data about other Users of the Website/App.
xi. Use the Website/App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/App or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website/App;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website/App contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, items, material, trade, or attempt to trade, any item the dealing of which is illegal, prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force .
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website/App;
xix. Engage in advertising to, or solicitation of, other Users of the Website/App to buy or sell any products or services not currently displayed on the Website/App. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website/App. It shall be a violation of these Terms to use any information obtained from the Website/App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website/App without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website/App to disclose any and all information relating to the User in the possession of the Company/Website/App to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website/App might be directed to disclose any information (including the identity of persons providing information or materials on the Website/App) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website/App has no obligation to monitor the materials posted on the Website/App, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website/App by him/her. In no event shall the Company/Website/App assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website/App. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website/App.
Customers & Transporters are advised to:
a)Not submit any material on this service which could be considered unlawful or cause offence
b) Ensure that any information entered by you on to this service is accurate and complies with relevant legislation.
c) Indemnify us against any loss, damage or other expenses incurred by us as a result of your use of this service.
d) Not divulge your User ID and password to any unauthorized person.
e) Post as accurate description of load/vehicle as possible. Remove out of date loads/vehicles or loads/vehicles that are no longer available.
Refrain from submitting material that may be indecent, unlawful or obscene.
NOT breach any laws that may infringe copyright, trademarks, or other rights of third parties. Comply with any legislation associated with material submitted.
NOT divulge any information contained within this website including your login details to any third party.
Hereby indemnify us against any loss, damage or expense incurred by your use of our service.
NOT distribute viruses or any other technologies that may harm Lorryguru.com or the interests and/or property of Lorryguru.com users.
NOT display contact details in anywhere but the designated areas. Displaying contact details in load/vehicle description is not permitted.
NOT enquire about loads/vehicles unless you are intent on using this facility for which it was originally intended.
NOT submit any marketing or promotional material intended to solicit business.
NOT harvest or otherwise collect information about users of our service, including email addresses and company details etc without their express consent.
A) Customers are advised to
1.Make sure that take photocopy of i.Driving Licence(Driver) ii.RC book of vehicle
2.Verify validity of permit, lorry documents and vehicle insurance
3.Take a Photo of Driver standing in front of Lorry position(Make sure that vehicle no should be visible)
4.Make sure that to send the insured luggage.
B)Lorry Owners/Transporters are advised to
1.Make sure that the load does not contain any illegal Material.
2.Goods confirmation letter from customer
3.Take a letter from customer that, loads are not having any illegal or banned items as per RTO act. In no circumstances whatsoever shall the company be liable to the customer or the owner for any loss, damage, cost or expenses arising out of any person(s) relaying advice or information. The company reserves the right to disable the accounts of users who breach these terms without notice and without refund.
9. TERMS, CONDITIONS AND DUTIES OF COMPANY
a) PocketTrucksplatform is willing to allow the user to avail its services through its website upon thecondition that You accept all the terms contained in this Agreement.
b) The Company shall be legally authorized to offer the services on Website/App and have all the necessary licenses and permits required for such sale.
c) When you visit PocketTrucks.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website/App or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website/App and/or your order placed on the Website/App.
d) To ensure the best experience, PocketTrucks ideally ship all products of an order together. PocketTrucks will notify User each time a shipment is dispatched or it out for delivery; so that User can track it till it knocks on recipients door.
e) Duty of company not to mislead the description of the item and describe actual condition of the product.
f) The Company shall handle shipping of products on behalf of the Users through its logistics partner who will pick the product from User and deliver it to the intended address.
g) PocketTrucksgrants you a limited license to access and make personal use of this Website/App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PocketTrucks and / or its affiliates, as may be applicable.
h) The Company reserve the right to make changes to our Website/App, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Website/App or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition
10. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website/App, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy; b) If the User has provided wrong, inaccurate, incomplete or incorrect information; c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/App/Company, at the sole discretion of the Company; d) If the user fails to make the payment to the PocketTrucks in connection with the service/goods contract; e) If User’ action is copying or duplicating in any manner any of content or other information available from the Website/App.
11. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website/App and the Company, its directors, affiliate Users, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website/App be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website/App had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/App and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website/App incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
12. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website/App’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website/App and other distinctive brand features of the Website/App are the property of the Company. Furthermore, with respect to the Website/App created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website/App.
The User may not use any of the intellectual property displayed on the Website/App in any manner that is likely to cause confusion among existing or prospective Users of the Website/App, or that in any manner disparages or discredits the Company/Website/App, to be determined in the sole discretion of the Company.
The User is aware that the products displayed on the Website/App are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/App/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned services are offered to the Users of the Website/App, and neither the Company nor the Website/App owns any of the intellectual property relating to the products displayed on the Website/App.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website/App, all services offered on the Website/App are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) PocketTrucks makes no representations, express or implied, includingwithout limitation implied warranties of merchantability and of aproducts or services delivered to a particular user.
c) PocketTrucks shall not be responsible for any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, epidemics or other events of force majeure advice, views and suggestions provided by theVendor / Seller / other users.
d) The User agrees and undertakes that he/she is accessing the Website/App andtransacting at his/her sole risk and are that he/she is using his/her best andprudent judgment before purchasing any product/service listed on the Website/App, or accessing/using any information displayed thereon.
e) PocketTrucks accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website/App.
f) PocketTrucks does not guarantee that the functions and services contained in the Website/App will be uninterrupted or error-free, or that the Website/App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website/App.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website/App will be deemed to include a royalty-free, perpetual, irrevocable, non exclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website/App, and that use of such content by the Company/Website/App does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website/App by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website/App, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
15. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in the Bangalore, Karnataka.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
16. NOTICES Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
17. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
18. Are Not PocketTrucks Responsibilities
1. Any incorrect data provided by customer while booking the Full Truck/Partload.
2. Any Truck delays, breakdowns, service cancellations and accidents.
3. Any misbehaviour by the Owner/operator staff or co-driver.
4. Loss/damage of Shipments.
5. Late shipment by customer at pickup point.
6. Customer phone not reachable, operator did not call at the pickup point and left without picking the product.
7. Customer waiting at wrong pickup point.
8. Operator changing the shipping point for any reason.
9. Operator arranging a different vehicle for pickup at pickup point and shipping the actual vehicle at a different place.
10. Improper booking done by agent, please contact the agent directly.
11. Change of truck type by Truck operator for any reason.
12. Truck fares are not controlled by Pockettrucks, so any change in fares is not the responsibility of Pockettrucks.
13. The fare might vary based on the Truck selected. So the fare shown in the “Search Page” and “Available Truck” might vary.
19. Failure Transactions
1. A transaction might fail for several reasons and your account/card might be debited without generating a booking. If the amount is deducted from your account/card, we request you to call our customer care number to re-confirm the failed transaction before proceeding with a fresh transaction/booking.
2. Transactions such as these are refunded back to customer. Please read the refund policy below.
20. Cancellation Policy
1. The cancellation terms are different for each Transporter and are set by the Transporter itself.
2. Orders booked online should be cancelled online only.
3. Preponement or Postponement cannot be done once order is confirmed.
4. In case of order cancellation, Insurance amount is non-refundable.
5. Service Fee/GST are non-refundable for Order Cancellation/Service Cancellation.
6. Pockettrucks will process the order cancellation request from You as per the cancellation/refund policy of the Transporter.
7. The cancellation fee and the period taken to process the refund will differ for each Transporter.
21. Refund Policy
1. Refunds processed for cancelled orders are transferred to the customer’s bank account / debit / credit card that was used while booking the shipment.
2. All Refunds are processed automatically upon cancellation of orders. Your bank may take 5-14 days to credit this amount to your account/card.
3. In case the refund amount is not credited to your account in 14 days from the date of refund, we kindly request you to send an email to firstname.lastname@example.org along with the shipping details/order details and credit/debit/Wallet statement (in PDF format) from the date of booking to till date. We will provide you the necessary support in crediting back the refund amount.
4. No refund will be processed for No-Material customer (Customer who do not provide the goods at the Pickup point on time).
5. Any transaction charges/Shipment Delivery charges collected shall not be refunded if the orders are cancelled by the customer.
6. In the event of cancellation of a Truck / service trip by the truck operator, pockettrucks.com will assist the Customer in providing an alternative service, subject to availability. In case an alternative is not available, then Pockettrucks.com shall be liable to the customer only to the extent of refunding the sum paid by the customer for the price of the booking.