Terms and Conditions for use of Company Website for availing Service(s)
Welcome to trukky.com, India’s exclusive & prominent online goods transport service. Trukky.com offers instant logistics solution for consumers, industry, construction & infrastructure, e-commerce, retail, small & medium enterprises among others. Trukky.com is associated with a massive network of fleet owners/ operators with proven capacities and calibre to deliver on time. Currently we offer services like full truck load and part load with pick-up solutions to connect all major routes across India and continuously adding further destinations from time to time.
The above solutions provided by the Company are herein after referred to as ‘Service’ and/or ‘Services’. Trukky Logistics services Pvt Ltd (Company) which owns the brand ‘Trukky’. These terms and conditions applies to user(s), if user(s) are visitors, registered - free or paid user(s) who access the Trukky website/mobile application(herein after referred to as ‘Portal’)for any purpose. It also applies to any legal entity which may be represented by the user under actual or apparent authority. User(s) may use the Portal solely for the purpose of Services and not for any other matter. The Company advises its users that while accessing the Portal on internet or the mobile device, they must follow/abide by applicable laws. Company is not responsible for the possible consequences caused by user behavior during use of the Portal. Company may, in its sole discretion, refuse the service to anyone at any time.
The Company provides Services and you agree to obtain such services offered by the Company. The Company shall take your booking request (through the internet and / or mobile telecommunications devices). Company shall have the sole discretion to accept or reject each request for Services. If the Company accepts the booking request made by the User, a confirmation will be generated and User will be notified accordingly. The Company shall make reasonable efforts to provide Services subject to availability of the resources in or around your location at the time of your booking request made to the Company.
Users are advised to take appropriate transit insurance for the goods/product that the users intent to be transporting in order to protect their own interests. The Company will provide necessary support with regard to transaction documents of services to the User in case of insurance claims are lodged by the user with the insurance company, companies liabilities towards damage/theft or any other issue leading to loss of value is limited under companies service policy. The User shall ensure that he/she will not indulge in any of the following activities while availing the Service: Soiling or damaging the body and/or any other interiors of the mini-truck/tempo/vehicle. Misusing, soiling or damaging any of the devices (technical/non-technical) in the truck/tempo/vehicle. 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 User. The driver also has the right to refuse such a pick-up. Pressurizing the driver to overload truck/tempo/vehicle with the consignment than the allowed limit. Not disclosing the correct contents of goods/materials which are to be sent through the Service. The User undertakes that it has made the declaration of goods/materials for the consignment correctly and that there is no information which is concealed at the time of booking of the Services. The User certifies that all statements and information provided relating to the transportation of the consignment will be true and correct. User acknowledges that in the event that user makes an untrue or fraudulent statements about the consignment or any of its contents user risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the consignment. To the extent that Company may voluntarily assist the user in completing the required customs and other formalities(if required) such assistance will be rendered at user’s sole risk. User agrees to indemnify the Company and hold it harmless from any claims that may be brought against the Company arising from the information that user has provided to the Company and any costs the Company will incur regarding this, and pay any administration fee that Company may charge the user for providing the services described in this condition.
Prohibited Goods/Security
Company does not allow to carry, nor perform other services regarding, goods which are in our sole opinion Prohibited/Hazardous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding. Company may at its discretion accept certain Prohibited Goods for carriage, or for the performance of other services, in some locations if user have been accorded the necessary permission for the same by competent authority. You may also be asked to procure a similar status for the tempo/truck/vehicle which is proposed to carry such Prohibited goods at your own cost. Consignment will be accepted by us only after the above requirements are fulfilled. Prohibited 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 the same are available from our nearest office and a prohibited goods surcharge will be invoiced to you upon acceptance of your consignment. Company accepts consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). Company has no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify the Company and hold Company harmless from any claims that may be brought against the Company arising out of or relating to such declaration provided by you and any costs that Company will incur relating thereto.
Rejected Consignments & Holding Charges
If the receiver refuses to accept delivery, Company will try to contact user and agree the appropriate next action. User agrees to pay the Company any costs Company incurs in forwarding, disposing of or returning the consignment and the charges (if any) for the agreed appropriate next action.
The Company will levy holding charges on the consignments that are not collected by the Users/recipients from the point of destination as per the order terms and conditions. The rate of holding charges will be as per company policy.
Software
Any software made available to work on this Site 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 associates. You are authorized to use this Software only for the purpose of visiting the Site, and/or downloading information, and resources from it or making necessary service bookings. You may use this Software for the aforementioned purpose only. Under no circumstances, you shall redistribute, restructure, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
Trademarks and related Materials
A trademark is a word, design, symbol, phrase, sound, scent, or color (or any combination) that identifies the source of a party's goods/services. A service mark identifies the source of a party's services. The trademark ‘Trukky’ is a trademark owned by Trukky Logistics services Pvt ltd. These trademarks should not be used in connection with any product or service that is not Company’s service, in any manner that is likely to cause confusion among customers or in any manner that criticizes or dishonours Trukky and its operations. Other products or company names if used on the website may be trademarks of their respective owners. Trukky Logistics Services Pvt Ltd has not licensed any of its trademark including Trukky to any third party or a different company. Any unauthorized copying, modification, use or publication of these marks is strictly prohibited. The Company is the sole owner or lawful licensee of all the rights to the website and its content. Website content includes and is not limited to its design, layout, text, images, graphics, sound, video etc. The website content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates or licensor's, as the case may be. Users/Visitors of the website merely by using/visiting the website cannot be construed to be licensees approved by the Company for use of such material except for the purpose required for using the Services. Systematic retrieval of website 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 of the Company is strictly prohibited.
Online Payment Terms & Conditions
All on-line payments made towards availing Services shall be taken into consideration only when the relevant amount is received and credited in the Company's bank account. The User booking for the Service shall pay all amounts including but not limited to the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. User authorizes the Company to retain any consignments that are booked till all dues of the Company are recovered. The User agrees and accepts that the use of the Services provided by the Company is at its sole risk, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. In case of cancellation of the booking, after making on-line payment, refund of the amount shall be paid within 30 working days after the said amount is received and credited in company's bank account. A small amount of service charge may be levied on such cancellations as per Company Policy from time to time. In case of any payment transaction undertaken by the user or any third party using the credentials of the user, which later on is found to be a fraudulent one, Company will not be responsible for any such transaction and all the legal liability including all costs and expenses of such transaction will be that of the user whose credentials are used for such transaction and will be recovered by the Company or the payment collection agency as the case may be. In order to avoid such circumstances users are advised to ensure that their credentials are not misused by any third party at any point of time. All the charges specified by the Company are excluding any taxes (local or union) unless informed otherwise. For any refund amount of cancellation please contact us in our Customer care no +91 7227872278 or on our email ID:support@trukky.com
General
This Portal and the information, names, images, pictures, logos, symbols, tag line and icons is concerning or relating to the Company and its associates and the services are provided on an "as is" and "as available" basis, without any representation or endorsement being made, and without warranty of any kind, whether implied or expressed, including but not limited to, an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of other' intellectual property rights. Under no circumstances, Trukky or any of its affiliates, contractors, employees, directors or officers shall be liable for any damages, including but not limited to direct, indirect, special or consequential damages (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS DISTURBANCE OR INFORMATION) resulting from access to or use of, or inability to access to or use of, this Web Site or arising out of any resources, materials, information, qualifications, opinions or recommendations on this Portal. The User 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 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 User and shall pay such sums on demand on the Company. All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to all users that the Company does not own any vehicle/mini-truck/tempo nor does it directly or indirectly employ any drivers for the any kind of 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. Company does undertake necessary checks as required by law and complies the same from time to time. The Company collects data of its Customers who register with the portal from time to time. Company uses such data to disseminate its service(s) information from time to time in order to keep the Customers/registered users up to date about Company services. Upon registering with the portal Customers/registered users provide their consent to the Company for usage of their information in the above matter from time to time.
Limitation of Liability
Users shall at their own risk and responsibility make use of this site and the internet generally. Under no circumstances, shall the Company or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory. Company believes that the entire content will be accurate, complete, and current, to the best of its knowledge and the Company does not make any warranty direct or indirect about the accuracy, completeness or currency of the content. As such, it remains Users sole responsibility to verify any information before relying on it. Users while using the Services of the Company which will be at the sole risk and responsibility of the User and the Company does not accept any liability for any direct, special, indirect, or consequential damages or any damages whatsoever; theft during transit, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the Services or use of the same, under contract, tort or any other cause of action or legal theory.. Modification and Amendments to Terms of Use Company has the right to make alterations and modifications to any information incorporated within this site without giving any prior notice. Company reserves the right to alter any of the Terms of Use without prior notice. Access to particular Services on this website may be subject to additional or different terms and conditions, as stipulated by Company from time to time. Continuous use of the portal will be an acceptance of these terms and conditions by the users. The maximum liability of the Company towards the user will be Rs.5000/- for full load and Rs.3000/- for part load or 10% of the total freight paid (excluding any taxes), whichever is lower. All claims in respect of loss, shortage and damage of consignment should be mentioned on the POD at the time of delivery and same need to intimated to trukky with 48hrs on support@trukky.com any claims received after 48 hrs shall not be entertained and trukky will not be liable for any loss of goods.
Law & Jurisdiction
You accept that any claims arising against the Company, shall be subject to the exclusive jurisdiction of the Ahmedabad Courts in the State of Gujarat, India and the laws of India shall apply therein. However, Company reserves the right to take legal proceedings in country other than India, to protect our interests or to enforce our rights whenever we face any circumstance which deems it appropriate to do so.