Terms & Conditions
PLEASE READ THESE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS THE USE OF THE SERVICES (DEFINED BELOW) IS SUBJECT TO THE ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS HAVE BEEN CREATED BY CONMOVE Pvt.Ltd..
BY CLICKING ON THE “I ACCEPT” OR “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “I ACCEPT” OR “I AGREE” BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.
1.1 Company shall mean Conmove Pvt. Ltd. a company incorporated under the Companies Act, 2013 having office at Office No.208 B-Wing, Great Eastern Chambers, CBD Belapur – 400614, MH ( IN )
1.2 Application shall mean the application known as Conmove & Conmove.io created, developed and operated by the Company, and provided to the Users through mobile devices, desktop interfaces etc. Registration, Login, Tracking, Routes, Search, Booking, Billing, Exchange, Proof of delivery, mobile signature, Vehicle documents
1.3 Service Provider shall mean the entities or persons providing their services through the Application. Service Providers shall also include Personnel.
1.4 Personnel shall mean any drivers, employees, vendors, sub-contractors, agents, representatives of the Service Provider, who enable in the provision of the Service Provider Services.
1.5 Service Recipient shall mean the entities or persons who wish to avail the services being offered by the Service Providers.
1.6 Users shall collectively include Service Providers and Service Recipients.
1.7 Services shall mean the services of the Application offered by the Company.
1.8 Service Provider Services shall mean the services being provided by the Service Providers to the Service Recipients.
The Company has developed the Application, which is an online marketplace for the transport industry to connect the Service Providers with Service Recipients that are desirous of availing their services through the application. Through such Services, the Application shall also provide the Service Recipients the availability of vehicles/ trucks, on the Application. The Application also enables tracking vehicles/ trucks in real time.
The Application acts a facilitator for transport Service Providers such as container fleet owners, truck/tempo owners, freight brokers and individual owners to connect with Service Recipients such as manufacturing companies, trading companies, freight forwarders, warehousing companies, 3pl logistics companies, custom brokers, shipping lines, CFS operators, airlines and individual users.
The Application also acts as a facilitator for the individual Personnel/ Drivers, to provide transportation services to the Service Recipients. The Application provides the Service Recipients to avail the services of the Driver for travelling purpose. The Drivers shall mean and include the drivers, transporters, brokers, manufacturing companies, Packers & movers courier companies & any Service provider as an owner of vehicles or seeking third party services, also any Service Users downloading and accessing the Application and are duly registered on the Application to create its profile on the Application.
3.1 License to use: In order to download, install and use the Application, Users represent and warrant that they are the age of majority as per the applicable laws to which they are subject to and are competent to understand, enter into, and comply with these Terms. The Company grants the Users a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to download, install and use the Application. The Application is licensed and not sold to Users and shall only be used as per these Terms.
3.2 Scope of License: In order to use the Application Users shall be required to register and create a User Account with password (“User Account”). Users agrees that once the User Account is created, the Company shall provide a passcode (“OTP”) to the User, which upon entering by the User would allow the Users to have access to the Application. At the time of registration, Users shall be required to share User Data which may include personal information (“Personal Information”) including but not limited to information regarding User’s e-mail ID, name, phone number, location, address, service details, vehicle details, vehicle’s location, Vehicle identification number (VIN), driver details and other relevant details. Users agrees that any registration information provided by the Users shall always be accurate, correct and complete.
The Service Providers shall be provided with the access to create sub-user accounts for its Personnel. These sub-user accounts shall be operated by the Personnel for providing the Service Provider Services. User accounts shall also include these sub-user accounts created by the Service Provider for its Personnel. The Service Providers shall be solely and completely responsible for the use, misuse, of these sub-user accounts by the Personnel and for any and all claims arising out of or in relation to the use of the Application and provision of the Service Provider Services by the Personnel.
The Users shall be solely responsible for all the activities that occur under the User Account using the Application. The User undertakes that the Company shall not be responsible and liable for any claims, damages, disputes arising out of installation, use or misuse of the Application. By usage of the Application, the Users shall be solely responsible for maintaining the confidentiality of the User Account.
3.3 Maintenance & Support: You acknowledge that while the Company may, at its sole discretion, provide maintenance and support for the Application from time to time, the Company shall have no specific obligation whatsoever to furnish such services to you.
3.4 Updates/ Upgrades: In the event that we launch new updates/upgrades of the Application, the Users may subscribe to such upgrades/updates through the Online Stores. In case Users chooses not to update/upgrade, certain features or functionality may not be accessible to such Users.
4.1 The Application shall provide the Users with the following features:
- Registration of all stake holders based on Roles
- Verification of GST no & onboarding
- Searching of container & adding to Job list
- Submitting documents online to recipient
- Scheduling on an appointment for Delivery
- Container yard management & visibility
- Create & View gate pass based on roles
- Transport Exchange for Demand – Supply
- Transporter Profile with KYC
- Vehicle & Driver Verification / Information
- e-Booking , e-LR , e-POD , e-Invoice
- Tracking of driver through mobile app
- Transactional Reports
5.1 Provision of Services is subject to the following limitation which are not exhaustive. The Users shall ensure that they shall not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- Transport Profile
- Upload catalogues, service brochures, and any other electronic files that contain software or other material protected by intellectual property laws unless they own or control the rights thereto or have received all necessary consent
- Upload or distribute files that contain viruses, corrupted files, or any other similar software
- Programs that may damage the operation of the Application or server or another’s computer or handheld devices
- Violate any code of conduct or other guidelines, which may be applicable, from time to time to the Services.
- Violate any applicable laws or regulations for the time being in force in India.
- The Users are strictly prohibited from renting, lending, leasing, reselling, or hosting the contents of the Application to or for third parties.
6.1 Current standards of internet, wireless, and computer technology: The Users shall use updated computers, tabs, mobiles and net connections while availing the Services of the Application. Further, the Application shall be updated from time to time. The Users recognize that out-dated wireless and computer systems may compromise the quality of the Services that they are availing.
6.2 Occasional maintenance of Application: The Users recognize that the Company shall occasionally need to perform maintenance on the Application during which the Services will be unavailable.
6.3 Disruption of Services: If there is a problem with the Application that results in an unexpected disruption of Services, Company will make every attempt to rectify the problem as expediently as possible.
7.1 Users acknowledge that the Company does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which Users may have access to as part of the Services, or through Users’ use of the Application. Under no circumstances, shall the company be liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Application. Users agree that Users are solely responsible for your reuse of Content made available through the Application.
8.1 Users represent, warrant, and agree that no data shared by Users with the company (“Data”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
8.2 Users grant the Company a personal, limited, revocable, non-transferable and nonexclusive right to use the Data including but not limited to Trademarks, Service Marks, logos etc. submitted by Users for providing their services. Users also grant the Company the right
a) to display the Data on the Application
b) promote or distribute it for the access of other Users.
9.1 This Application may contain links to other websites owned and operated by third parties who are not related to the Application (“Linked Websites”). The Linked Websites are not under the control of the Company and Company is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third- party sites.
9.2 Company provides these links to Users as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Company. Users’ link to any such Linked Website is entirely at your own risk. Company is not a party to any transaction between Users and a Linked Website. Users’ use of a Linked Website is subject to the terms and conditions of that site.
9.3 The Application may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or services. Users are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
10.1 The Application provides two payment models for Users:
- Annual subscription
- Deposit based model
- Transaction based model
Service Recipients may avail the Services by means of SMS payment, payment gateway, net banking, credit card, debit card . Apart from these, the Service Recipient may also pay by means of a pre-paid deposit with Conmove, which shall be released to the Service Providers on satisfactory delivery of services.
10.3 The payment models shall be set out by the Company in the respective purchase orders with the Users.
11.1 Users understand, acknowledge and agree that the Company is the sole owner of all rights, title and interest, including all Intellectual Property Rights for the Application, logos, and any necessary software used regarding the Application.
11.2 There may be proprietary logos, service marks and trademarks found on the Application whether owned/used by the Company or otherwise. By displaying them on the Application, the Company is not granting you any license to utilize the proprietary logos, service marks, or trademarks. Any unauthorized use of the same may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
11.3 It is understood and acknowledged by the Users that the Application is owned by the Company. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title from the Company to the Users in the Application.
11.4 During the tenure of these Terms and thereafter, the Users shall not register or apply for registration directly or indirectly for any intellectual property or any intellectual property right similar to the Company’s intellectual property rights.
11.5 Subject to these Terms, the ownership of the Contents shall remain with the respective User and the User shall be solely responsible for any claims that may arise from the use of the Contents for the Services.
12.1 The User has the requisite rights and authority to execute these Terms, in the event the User is acting on behalf of a third party.
12.2 The User shall provide true and correct documents, information, clarifications and or any other detail in relation to the Contents, User Data and Data.
12.3 The User shall not provide any assurances, guarantees in relation to the Services on behalf of the Company.
12.4 The Users confirm that they shall solely resolve any and all disputes, contingencies or inconsistencies that may arise amongst themselves in relation to the use of the Services, without making the Company a party to such disputes, claims, proceedings, suits etc.
13.1 The Company may at any time, terminate these Terms, if the :
- User has committed a material breach of any provision of these Terms; or
- Company is required to do so under law or any order or judgment of a court of law for whatsoever reason
- Company chooses to discontinue providing the Services; or
- The license granted to use the Application expires.
13.2 Upon termination of these Terms, the rights and licenses granted to you under these Terms shall cease to be in effect, and you must immediately stop using the Application.
14.1 The Users shall indemnify the Company, its officers, directors, affiliates and representatives and hold the Company, its officers, directors, affiliates and representatives, harmless from and against any claims arising out of or relating to: (i) the misuse of the Services; (ii) violation of any rights of any other Users in connection with the Services, (iii) infringement of any third party intellectual property rights; (iv) any breach of these Terms; (v) any illegal and/or criminal acts committed by the Service Providers and/or its Personnel directly or indirectly; (vi) any breach of applicable laws; (vii) breach of any covenants under these Terms; (viii) misuse of User Accounts by the Users.
15.1 You use of the Application is at your sole risk. The Services are provided on “as is” and “as available” basis.
15.2 Company does not represent or warrant that the Services shall :
- Shall meet with the Users’ requirements;
- Shall be uninterrupted, timely, secure or free from error as a result of system failures, network or internet outage, or otherwise; and
- Shall be accurate or reliable.
15.3 Company disclaims all warranties, express or implied, written or verbal. Company’s sole obligation and the Users’ sole and exclusive remedy in the event of interruption and/or access to the Services, shall be to use all reasonable endeavours to restore and/or access to the Services as soon as reasonably possible.
15.4 Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
15.5 Without prejudice to any other provision of these Terms, Company does not warrant that, the Services and the Application are free from any virus or other malicious, destructive or corrupting code, program.
15.6 Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services,
15.7 The Service Providers shall be liable and responsible for the transport of goods of the Service Recipients. The Service Providers shall be solely responsible for obtaining appropriate insurance to cover the risks from theft, damage, loss in transit, accident and personal injury and death in relation to its services and shall keep the Company indemnified from any and all claims arising out of its services. The Service Provider shall also maintain valid driving license and all the documents like insurance related to the vehicle/truck updated, at all times.
15.8 The Service Providers shall be solely responsible to conduct and undertake background verification tests of its drivers, to ensure the safety of the Service Recipients and their goods. The Company shall not be liable to authenticate and verify the details of such drivers. The Company shall be fully indemnified by the Service Providers from any and all criminal activities and intents of its drivers.
15.9 The Services Provider shall not misbehave, sexually harass, hurt, use abusive language, indulge into rash driving or any other inappropriate behaviour while providing the Services to the Service Recipient. The Service Provider shall be solely responsible for any such acts and shall indemnify the Company for any such events.
15.10 The Service Provider shall be responsible for the material loaded/persons travelling on the vehicles/ trucks. The Service Provider shall be solely liable for any damage cause to the persons or material on account of any accident, theft or any act or omission of the Service Provider.
15.11 This Section shall survive any termination or expiry of these Terms.
16.1 Without prejudice to any other provisions of these Terms, Company shall not be liable to the Users for any loss or damage whatsoever or howsoever caused arising directly or indirectly regarding the Services and Application, of data, any consequential loss or damage or loss of profit, business, revenue, goodwill arising out of the performance of the Services or for interrupted communications, delay, lost data or monetary losses arising out of or regarding the Services.
16.2 The total aggregate liability of the Company to the Users in all events under any applicable laws whatsoever for all loss or damage arising out of use of the Services shall be limited to the fees paid by the User. The forgoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein.
The Company reserves the right to modify, change, substitute, remove, suspend or update these Terms or any information thereof at any time by sufficiently highlighting on the Application about such change. Such changes shall be effective immediately upon posting on the Application. Continued use of the Application shall be deemed to be your acceptance of the Terms.
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the Application resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, Telecom Regulatory Authority of India (TRAI) regulations, Department of Telecommunications (DOT) regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
19.1 These Terms shall constitute the entire or sole legal agreement between the Company and the Users and shall govern the provision of the Services hereunder and shall supersede and prevail over any prior agreements, whether verbal or written, regarding subject matter hereof.
19.2 These Terms are governed by and construed according to the laws of India, the acceptance of these Terms shall be deemed to have been given at Pune, Maharashtra, India and the courts in Pune will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
19.3 Company’s failure to insist on or enforce strict performance of any of the provisions of these Terms will not be construed as a waiver of any provision or right.
19.4 If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
19.5 Users agree that no joint venture, partnership, employment, or agency relationship exists between them and the Company as a result of these Terms or from Users’ use of the Services.
I have read, understood and agree to all the terms and provisions as set out in these Terms and I understand that acceptance of these Terms by me will result in a binding agreement between me and the Company.