TERMS AND CONDITIONS - Rate Card
- Rates are arrived based on current fuel prices. The rate is subject to change if fuel price increases.
- The rate applied for passing weight (Gross weight) approximates 26 Metric Tons for Triple Axle and 22 Metric Tons for Double Axle.
- Any Overload beyond the passing weight shall be charged with applicable statutory fines and / or additional freight of Rs. 2000 / metric ton.
- Any overload fines/consequence, speed money etc., shall be to the account of the hirer.
- Over height Rs. 2000 / foot for Open Top Containers.
- Over width Rs. 2000 / foot for Flat Rack Containers.
- Over Length Rs. 2000 / foot for Flat Rack Containers.
- The rate quoted is most reasonable and valid for one week only.
- Advance of 85% rounded off to nearest rupee to be accompanied along with your confirmation of the movement and the balance to be paid within 30 days from delivery of cargo.
- From 01-April-2017, GST will be applicable over and above freight indicated which is approximately 18% of the road freight Overload Charges.
- Maximum of six hours including the act of god, the act of weather or any unforeseen circumstances at any point of stuffing / de-stuffing is provided.
- Any delay beyond agreed time shall incur Rs. 200/- per hour as idling charges.
- Time allowed at Empty Plot 2 hour. Grace period 1 more hour. Beyond 3 Hours at empty plot shall attract Idling charges.
- Loading & Unloading: Loading/Unloading is not in our scope and is to be done by the consignor /Consignee.
- Tentative date of vehicle Loading: To be intimated by the customer.
- Placement of Vehicles: We need minimum 48 Hours advance notes to place our Vehicle.
INSURANCE & LEGALITIES
- Transit & Insurance: Insurance of Cargo is to be arranged by you or your client with an express & unconditional waiver of subrogation towards us and our subcontractors. As per the M.V Act we are violating the rules & regulations for which the carrier legal liability to be borne by you. Necessary document will be provided by us for Insurance Claim in case of any accidents.
- For Majeure clause : Our offer is subject to Force Majeure –War, Strikes, Civil Commotion, Epidemics or Acts of God.
- Octroi : Octroi, if any payable on the consignment shall be paid by the Consignor / Consignee, the same should be reimbursed to us within 3 days alongwith Octroi service charges of 3%.
- Where ever applicable has to be paid by the Consigner /Consignee.
Customer has to ensure the safety loading and movement of the material during loading and unloading. Necessary lashing matrials for securing the cargo to be provided by you as per the standards. Proper covering of the cargo to be done by the customer if required.
TERMS AND CONDITIONS
These terms and conditions apply to your use of the Easy Truck mobile application and other related online and offline platform ("Easy Truck"), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of Easy Truck.
- You must be above 18 years to use this Service.
- You must provide your legal full name with your company name, a valid email address, payment information (user will not be charged until after the trial period ends), and any other information needed in order to complete the sign-up process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. Furthermore, one person may not maintain more than one free account.
- You are responsible for maintaining the security of your account in terms of protecting your password. Easy Truck cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account. This includes content posted on your Easy Truck website and blog. It is up to you to comply with any public posting or social media guidelines set by your company.
- You may not use the Service for any illegal or unauthorized purpose. You must comply with all laws in your jurisdiction (including copyright and trademark laws) while using Easy Truck.
DEFINITION AND INTERPRETATION
In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
”Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App.
”Participating Carriers” means the drivers or vehicle operators whose transport and logistics services are offered and may be requested through the use of “Easy Truck”.
”Services” means any and all services provided by us to you by means of your use of Easy Truck, which include the services described in clause.
”App” means the “Easy Truck” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services.
”Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause.
Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa. Reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
We offer a technology platform to users of Easy Truck” mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Easy Truck or certain of Easy Truck” affiliates (“Third Party Providers”). Unless otherwise agreed by Easy Truck in a separate written agreement with you.
Easy Truck PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Easy Truck OR ANY OF ITS AFFILIATES.
We offer a technology platform to provide information and a means for you to obtain transport and logistics services from Participating Carriers through the use of Easy Truck. Easy Truck allows you to send a request for transport and logistics services (together with details of you and your journey) to Participating Carriers and each relevant Participating Carrier has the sole discretion to accept or reject each such request. If a Participating Carrier accepts a request, Easy Truck will notify you and provide information about the Participating Carrier such as the vehicle licence number, contact number and driver rating (if any).
You acknowledge and agree that we only act as an intermediary between you and the Participating Carriers and we are not your agent or the agent of the Participating Carriers. We are not a transportation carrier and provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Carriers that you may use (through Easy Truck or otherwise). Any contract for the provision of transport and logistics services is between you and the Participating Carriers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Carriers. If you have any complaint in relation to the transport and logistics service provided then that dispute must be taken up with the Participating Carrier directly.
You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to Easy Truck and the Services.
PROVISION OF THE SERVICES
You acknowledge that portions of the Services may be made available under Easy Truck various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Easy Truck” You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Easy Truck” subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
THIRD PARTY SERVICES AND CONTENT
LICENSE OF APPLICATION
- Subject to your compliance with these Terms, we grant you limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the applications on you mobile device and to run such copy of the App solely for your own personal use.
- Your use of Easy Truck grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
- You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
- The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
- We do not warrant and accept no liability in connection with the availability of the Services, the availability of transport and logistics services from the Participating Carriers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Carriers.
- Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Carriers reach or fail to reach the destination.
- Vehicles of Participating Carriers registered with Easy Truck may be installed with GPS tracking device and/or other location tracking software or technology. Such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
- It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Carriers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Carrier to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
- The use of Easy Truck and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use Easy Truck or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device).
PAYMENTS, RETURNS UPGRADES AND TERMS
- When you sign up for a Free Trial Version, you are not charged any fee. After the trial period expires you will have the choice to continue using EasyTruck or cancel your subscription.
- We will NOT auto-bill you when your free trial expires. If you choose to continue, you will be billed the prorated amount immediately for the reminder of the billing cycle and then monthly starting on the next billing cycle.
- If you cancel prior to the end of your Free Trial, you will not be charged. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
- Easy Truck or cancel your subscription. We will NOT auto-bill you when your free trial expires. If you choose to continue, you will be billed the prorated amount immediately for the reminder of the billing cycle and then monthly starting on the next billing cycle. If you cancel prior to the end of your Free Trial, you will not be charged.
- Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service.
- The Service is billed in advance on a monthly basis (the 11th of every month) and is non-refundable.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Exceptions can be made for special circumstances.
- Our charges do not include service tax imposed by taxing authorities, and you shall be responsible for payment of all such service taxes as govt. terms.
- It is the user's responsibility to cancel their account. Refunds WILL NOT be issued to those that forgot about the program, did not use the program, or canceled through improper channels (see Cancellation and Termination).
- Easy Truck does not guarantee the accuracy of quotes. Refunds will not be issued for miscalculation. It is the user's responsibility to double check all invoices, and quotes.
- Easy Truck has the right to charge for any portion of our services and to change the service fees at any time with or without notice to the users. Memberships that are terminated due to a breach of Agreement will not be entitled to a refund of any unused portion of fees or payments.
CHANGES TO THE SERVICE AND PRICES
- Easy Truck reserves the right at any time --and from time to time for updating purposes-- to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Easy Truck Site (www.esytruckapp.com) or within the Service itself.
- Easy Truck shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- All features stated on the pages of Easy Truck (Pricing, Features, etc.) are available in the Service. Any new features and additions are considered extra or bonus features. These features are offered to existing users free.
- Easy Truck reserves the right to charge users for the use of premium features.
- Because the Service is web (online) software, new features added into the Service may occasionally have unintentional bugs. Easy Truck will work quickly to efficiently resolve any technical kinks as soon as they are encountered.
- The Service is optimized to run on all of the major web browsers. It is not, however, guaranteed to run the same on all of them - or on other lesser known browsers. Some browsers may experience slower load times, slightly different shades of color, compatibility errors, and other minor differences.
- The Service can be used from a mobile browser, but it is not guaranteed to do so.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. Users must fill out the cancel subscription form to end their subscription. Email or phone cancellations are not valid methods of unsubscribing from the Service. Some content (like contacts or invoices) can be exported before account termination. A users profile and account information will be held for 30 days after termination. After the 30 day period, the information will be purged from the system.
- Easy Truck does not accept any liability for loss of content due to account cancellation.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will be charged the prorated amount for the days you used the Service.
- Easy Truck, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Easy Truck service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Easy Truck reserves the right to refuse service to anyone for any reason at any time.
- Any promotional offers (Domains registered, custom website designs, custom newsletter themes, discounts or any other offers) are valid only if you are a paid subscriber for a year, otherwise the promotional offers will be charged at the listed price.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We generally only permit our duly authorized staff to access your personal information and data, and we will not release such personal information and data to any third parties save and except for the following circumstances:
- where the information and/or data is disclosed and/or transferred to any third party suppliers or external service Carriers who have been duly authorized by us to use such information and/or data and who will facilitate the services on Easy Truck, under a duty of confidentiality.
- where the information and/or data is disclosed and/or transferred to our agents, affiliates or associates who have been duly authorized by us to use such information and/or data.
- where the information and/or data is disclosed and/or transferred to any other party in connection with a sale or proposed sale of all or part of our business or portfolio of products or other assets.
- To credit reference agencies, debt collection agencies, fraud detection and/or prevention agencies.
- To any relevant public authority or law enforcement agency, including for example where we suspect you have committed a criminal offence or we suspect fraud where required by applicable law, regulation or legal proceedings.
- In order to enforce or apply the terms and conditions of Easy Truck or any other agreement to which you and we are a party, as applicable.
- Where we deem necessary in order to maintain and improve the Easy Truck services.
You should take care when using any Easy Truck social networking features since the information you choose to make available can be seen by other users in the selected group. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.
At times, it may be necessary and/or prudent for us to transfer certain personal information and/or data to our companies or service Carriers outside of Malaysia or such other countries and jurisdictions where Easy Truck operates. This may happen if our servers or suppliers and service Carriers are based overseas or if you use Easy Truck services and products while in such overseas countries and jurisdictions. We will take steps to ensure that your personal information and/or data is used by such overseas third parties in accordance with this policy and that such overseas third parties observe strict confidentiality and data protection obligations.
Do we use any information for direct marketing?
We and our affiliates may send you marketing messages to your telephone number if you have given us consent, or if you have not registered with any applicable do-not-call registry (or its equivalent) or the sending of such messages is permissible under applicable laws and regulations.
We and our affiliates may from time to time send to you newsletters, promotional materials and marketing materials based on the personal information and data that you have provided to us. We may use your information and data in direct marketing and we require your consent (or an indication of no objection) for that purpose.
The following classes of services, products and subjects may be marketed:
- Transport, logistics and automotive related products and services.
- Special events hosted by us and/or our affiliates for you and Easy Truck members, including but not limited to competitions and social gatherings.
- Reward, loyalty or privileges programmers and related products and services.
- Special offers including coupons, discounts, purchase offers and promotional campaigns.
- Products and services offered by our affiliates and advertisers (the names of such affiliates and advertisers can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be).
The above products, services and subjects may be provided or solicited by us and/or our affiliates, third party service Carriers providing the above products, services and subjects and charitable or non-profit making organizations (“Outside Parties”). We may provide your personal information and/or data to Outside Parties for use by them in marketing the above products, services and subjects and we require your written consent (or indication of no objection) for that purpose.
You may opt out from receiving such marketing communications at any time by sending an email to us at email@example.com. Any such request should also clearly state the details of personal data in respect of which the request is being made.
Please note that after opting out, you may still receive non-marketing messages, such as product updates and service notices as permitted under applicable local laws and regulations.
Can I access and correct my personal data?
You are able to:
- Check whether we hold personal data about you and to receive copies of such data.
- Require us to correct any personal data relating to you which is inaccurate.
- Ascertain our policies and practices in relation to personal data and to be informed of the kind of personal data held by us.
We will have the right to charge a reasonable fee for processing a data access request.
Requests for access to personal data, correction of personal data, information relating to the kind of data held and to stop receiving direct marketing, may be made by sending an email to us at firstname.lastname@example.org. Any such request should also clearly state the details of personal data in respect of which the request is being made.
How do we protect your personal data?
We have adequate measures to protect your personal information from unauthorized access, accidental loss or destruction. Where we have given you (or you have chosen) a password which enables you to access certain parts of the Easy Truck service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. While we will do our best to protect your information and data, we cannot guarantee the security of data transmitted to the Easy Truck service; any transmission is at your own risk. Once we have received your information and data, we will use strict procedures and security features to try to prevent unauthorized access.
We do use certain cookies and other similar technologies as part of our Easy Truck services. The cookies used are for the purpose of enabling you to use the service (for example to enable you to complete a registration or access information) and for us to understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service Carriers to assist us in better understanding our site visitors. These service Carriers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to disable cookies (through your browser or device settings) although you should be aware that this may prevent you from being able to use all parts of Easy Truck.
Retention of Personal Data
Once we have obtained your personal information and/or data, it will be maintained securely in our system. Subject to legal requirements, your personal information and/or data will be retained by us after deactivation of the relevant service until you request us in writing to erase your personal information and/or data from our database. We will retain your information for only as long as there is a business or legal need.
Links to Third Party Websites
Occasionally, at our discretion, we may include or offer third party products or services on Easy Truck. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of Easy Truck and welcome any feedback about these sites.
Loading & Unloading: Loading/Unloading is not in our scope and is to be done by the consignor /Consignee.
INSURANCE & LEGALITIES
Transit & Insurance: Insurance of Cargo is to be arranged by you or your client with an express & unconditional waiver of subrogation towards us and our subcontractors. As per the M.V Act we are violating the rules & regulations for which the carrier legal liability to be borne by you. Necessary document will be provided by us for Insurance Claim in case of any accidents.
For Majeure clause : Our offer is subject to Force Majeure –War, Strikes, Civil Commotion, Epidemics or Accts of God.
Octroi : Octroi, if any payable on the consignment shall be paid by the Consignor / Consignee, the same should be reimbursed to us within 3 days along with Octroi service charges of 3%, where ever applicable has to be paid by the Consigner /Consignee.
Customer has to ensure the safety loading and movement of the material during loading and unloading. Necessary lashing materials for securing the cargo to be provided by you as per the standards. Proper covering of the cargo to be done by the customer if required.
GOVERNING LAW AND JURISDICTIONS
These Terms shall be governed by and construed in accordance with the laws of India. Both you and us agree to submit to the exclusive jurisdiction of the courts of India as regards any dispute or matter arising under these Terms.