In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
The terms and conditions contained in this document are an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS BEFORE YOU REGISTER FOR ANY OF THE SERVICES OFFERED ON THE SITE. Please do not use the Site or avail any of the Services being provided therein if You do not accept any of these Terms. BY YOUR USAGE OF THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND AGREE THAT THESE TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND INSTAVANS IN RESPECT OF THE USE OF THE SITE.
1.1. "Applicable Law" shall mean and include all applicable statutes, enactments, acts of legislature, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court, in India.
1.2. "Customer", "You", "your", "consignor" shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be. Also, such person who accesses the Site and requests the services of a Carrier for transporting goods of such person within the Territory.
1.3. “Instavans”, “We”, “Our” or “Us” means Instavans Logistics Private Limited, a company incorporated under the Companies Act, 2013, and having its registered office at 3rd Floor, K.P. Square, 307, 100ft Road, Indiranagar, Bangalore - 560008, India.
1.4. "Service(s)" includes:
1.4.1. A technology platform which is an enabling platform for a consumer to connect with a third party, independent valid permit holder drivers or vehicle owners or vehicle operators known as Transport Service Provider.
1.4.2. Once the transporter accepts a request, customer is notified with the details of transporter through SMS and email. In addition, it also enables payment collection from Customer, as may be applicable, and its settlement with the Carrier. To facilitate the transactions between the Customers and the Carrier. Instavans shall do all the reasonable efforts to connect you with a Transport Service Provider and the services are subject to the availability of the provider in or around your location at the moment of your request for transportation services.
1.4.3. Such other services as may be determined by Instavans from time to time.
1.5. "Site" shall mean the company website at www.instavans.com, the online shipper portal at shipper.instavans.com and the smart phone based mobile application for the shipper, all of which are owned and operated by Instavansand includes any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by Instavans.
1.6. “Territory” shall mean the geographical area/limits in which Instavans has been launched and the Customers and Carriers avail and render the Services respectively.
2.1. You are “Eligible” to avail our Services only if you can and are competent to lawfully enter into contracts under Applicable Law.
2.2. If You are not Eligible, please do not continue and immediately abandon any and all attempts to register with Us or use Our Services.
2.3. We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Site is not Eligible.
3.1. This agreement applies to user(s) if user(s) are visitors and/or registered, whether free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
3.2. This agreement applies to all Services offered by Instavans on the Site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
4. AMENDMENT TO AGREEMENT
4.1. Instavans may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms. User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in this Terms of Service.
5. CUSTOMERS OBLIGATIONS
5.1. You warrant, undertake and guarantee to us:
5.1.1 The description of the consignment (including but not limited to weight and number of items) have been properly mentioned on our consignment order and that it is complete in all respects and the documents as required including invoice, permits are enclosed with the Consignment Order.
5.1.2.We are authorized/assigned to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. We will be sending the delivery confirmation by SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.
5.1.3. That all related information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.
5.1.4. That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable laws and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations and neither you nor the consignee is a person or organization with whom we or you may not legally trade under any applicable laws or regulations.
5.1.5. You have mentioned/specified the correct weight of the consignment and you will provide any special equipment we may need to load or unload the consignment on or off our vehicles.
5.1.6. When you have asked us to charge the receiver or another party and the receiver or another party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice
5.1.7. All applicable laws and regulations have been complied with by you.
5.2. You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
5.3. You agree and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the Company makes no representation or warranties with respect to:
5.3.1. The Services meeting the customer's requirements.
5.3.2. The Services will be uninterrupted, timely, secure, or error-free.
5.3.3. Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of transportation services offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
5.3.4. Any liability for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
5.3.5. Any additional or extra charges for far off locations & toll charges as well.
5.3.6. Any alternate arrangement(s) if the mini-truck has not reached due to any reason.
5.4. You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
5.5. We are not liable if we do not fulfill any obligations towards you at all as a result of:
5.5.1. Circumstances beyond our control such as (but not limited to):
126.96.36.199. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
188.8.131.52. Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
184.108.40.206. National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
220.127.116.11. Latent defects or inherent vice in the contents of the consignment.
18.104.22.168. Criminal acts of third parties such as theft and arson.
5.5.2. Your acts or omissions or those of third parties such as:
22.214.171.124. You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.
5.6. The contents of the consignment consisting of any article that is a prohibited item even though we may have accepted the consignment by mistake.
5.7. Cancellation Policy: All cancellations made 15 mins after the booking will incur a cancellation fee that can range from Rs. 500-1500 based on the truck type or based on any specific contractual agreement that we may have with the shipper. Cancelling two bookings after driver allocation in a day may temporarily block your account for a period of 24 hours. Your account will be activated automatically post that. Figures mentions are subject to change.
5.8. Pricing: Information on the indicative pricing and charges for all services offer on the Instavans Platform is available on the Instavans Mobile App or will be informed by our Call Center representative at the time of booking or it will be pre-configured for you based on a contract signed with your business. The actual pricing and charges will be known to you once we have the information regarding your consignment and the destination and any other relevant information. We reserve the right to change the pricing without notice to you since it is dynamic and pricing is based on several factors depending on the nature of your consignment. We also reserve the right to customise the pricing for different users based on specific requirements applicable to each booking.
5.8.1. Payments, Instavans Wallet, Other Wallets, Invoicing and Taxes You shall pay the charges and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing the services. You may choose to make payment for the services availed by any of the following methods:
126.96.36.199. Cash payment: Where you opt to pay by cash, you shall make the cash payment upon delivery of your consignment to the person / driver of the vehicle carrying your consignment, as nominated by Instavans. You are required to make payment of the price communicated to you, and we through the person / driver collecting your consignment may be entitled to withhold the consignment or take any further action against you if you fail to make payment as per the agreed terms.
188.8.131.52.Online payment: Online payment for the services shall be made to us at the time of booking our services or after completion of the service, and can be made either via credit card / debit card / cash cards, UPI, net banking, NEFT, RTGS, IMPS, etc., as may be processed by independent payment service providers, through other banking channels, or under the advance payments scheme operated by us only for users of the Instavans Platform.
184.108.40.206. Online Payment via Wallets: Online payment for the services shall be made to us at the time of booking our services or after completion of the service, and can be made using a closed group e-wallet (the “Instavans Wallet”) or via the PayTM wallet. In the event the payment cannot be accepted through the online payment methods, you will have to make a cash payment of the charges to us by directly making payment to the person / driver collecting your consignment.
We may offer coupons or discounts and consequent deductions in the charges to be paid by you at our sole discretion. Any requests for refunds will be reviewed in light of the refund policy applicable.
The Instavans Wallet is a closed ended scheme offered only to users of the Instavans Platform, where you as a user will have the option to make an advance payment to us which will be adjusted against the charges incurred by you on the Instavans Platform, for services which you may request now or in the future. You may make advance payments by the online method or by any other method designated by Instavans Logistics from time to time, and the amount so paid in advance will reflect on your user page. No interest shall be payable for the advance amounts paid to us. The advance amounts will be adjusted against charges you may incur pursuant to your use of the Instavans Platform and the amount is non-refundable and any refunds will only considered in accordance with our refund policy (explained below).
We will generate an invoice which will be sent across to you by e-mail upon the completion of the services. The invoice shall be indicative of all applicable charges including but not limited to the toll charges, halt time charge, additional drop points, service tax or any other fees / taxes / charges we may incur in the provision of the services.
You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method. Your use of the Instavans Platform and/or the services we provide you may be subject to taxes and fees payable in India and/or your location. You shall be solely responsible for payment of all such taxes and fees and the charges provided by us are exclusive of any taxes and fees. In certain cases, we may have the obligation to pay taxes and fees arising out of our arrangement and such taxes and fees shall be charged to you in addition to any payments you make for the services. If the payment method specified by you fails or your account is past due, then:
a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted,
b) we may collect fees owed using other collection mechanisms, if it remains unpaid; and
c) we reserve the right to either suspend or terminate your account or any pending services, including deletion of your account.
You agree to submit any disputes regarding any charge to your account in writing to us within fifteen (15) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
We shall have a lien on the goods material carried for the freight, handling & other dues, charges paid on the particular consignment as also for other previous unpaid dues.
5.9. Refunds: We generally do not refund any amounts received from you for any services delivered through the Instavans Platform. However, in cases of erroneous transactions and other similar exceptional cases, you can write to us at firstname.lastname@example.org with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.
6. DANGEROUS GOODS / SECURITY
6.1. Dangerous Goods
6.1.1. We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods including, but not limited to, those specified in the regulations, guidelines, technical instructions, local laws applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods.
6.2. Prohibited Items: We do not accept consignments that contain prohibited items.
6.3. We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.
7. USE OF THE SITE
7.1. You are advised to provide accurate information to INSTAVANS. INSTAVANS can verify the information that you have provided and choose to refuse the service or use of the application/ the website without providing reasons.
7.2. By using the Application or Website you agree that:
7.2.1. You have understood your contract with INSTAVANS for website/Application usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
7.2.2. You will not copy, or distribute the application or other INSTAVANS content without permission from INSTAVANS.
7.2.3. You will provide us with whatever proof of identity we may reasonably required.
7.2.4. You will comply with all applicable laws from your city, state and the country while using services of the Site
7.2.5. You shall not use the Site or the Services for any unlawful purpose, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
7.2.6. You agree, undertake and confirm that Your use of Site shall be strictly governed by the following binding principles.
7.3. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
7.3.1 Belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Site or Services;
7.3.2. That is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, 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;
7.3.3. Is patently offensive, such as sexually explicit Content (as defined hereinafter), or Content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.3.4. Involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming ;
7.3.5. Infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
7.3.6. Tries to gain unauthorized access or exceeds the scope of authorized access (as provided herein and in other applicable codes of conduct and/or any end user access and license agreements) to the Site or to profiles, account information, or other areas of the Site or solicits passwords or personal identifying information from other users;
7.3.7. Engages in commercial activities and/or sales on or related to the Site, without Our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of virtual items. Throughout these Terms, Our prior written consent means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the proposed activity or conduct for which You seek authorization;
7.3.8. Violates any law for the time being in force or any of Ourpolicies, as updated from time to time;
7.3.9. Impersonates another person;
7.3.10. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site;
7.3.11. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
7.3.12. Is false, inaccurate or misleading;
7.3.13. Creates liability for Us or causes Us to lose (in whole or in part) the services of Our ISPs or other suppliers.
7.4. You shall not use any deep-link , page-scrape , robot , spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
7.5. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any Customer or Carrier, including details of Accounts not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
7.6. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Our systems or networks, or any systems or networks connected to the Site.
7.7. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of Instavans or others.
7.8. You shall not use the Services or Site in any manner that could damage, disable, overburden, block or impair any of the server connected to the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
7.9. You may not reverse engineer, decompile and disassemble any software used to provide the Services.
7.10. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Our platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
7.11. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any Applicable Law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.12. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of
7.13. Any such dealings or as the result of the presence of such third party advertisers on the Site.
8. CONTENT POSTED ON THE SITE
8.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, ”Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
8.2. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring ) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
9. INTELLECTUAL PROPERTY PROTECTION
9.1. All trademarks, brands and service marks used in connection with the Site or Services offered by Instavans are owned by Instavans and are Instavans’s sole and exclusive property; Instavans owns all copyrights and intellectual property rights and database rights in connection with the Services and the Site. Third party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
9.2. You agree to abide by all laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Services or the Site.
10. TERMINATION OF ACCOUNT
10.1.We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these Terms by You or for any reason whatsoever.
10.2. You can terminate Your Account by submitting a request to Us at email@example.com. We will make every effort to respond to Your request for termination at the earliest.
10.3. You will remain responsible for any and all transactions that occurred prior to the termination of Your Account
11.1.You understand that Instavans is merely an intermediary providing online marketplace services and the Site is only a platform whereby Customers may request for transportation services
11.2.Your use of the Service is at Your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. We disclaim all warranties of any kind about Our Services or the Site, whether express or implied including without limitation, any representation or warranty about or for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:
11.2.1. This Site will be constantly available, or available at all;
11.2.2. The information on this Site is complete, true, accurate or non-misleading; or
11.2.3. This Site,any information, Content, materials, product (including software) or services included on or otherwise made available to You through the Site; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
11.3. We shall not be responsible or liable for any direct, indirect, incidental, punitive, or consequential loss or damage, howsoever caused or suffered by You or the Customer arising out of the use of Services, including but not limited to cancellation of the Services.
11.4. We will not be held liable for any loss or damages suffered by You or the Customers, during or arising out of the transportation service including any cancellation thereof by the Customer and expressly disclaims any and all liability in respect of the Customer including in respect of the nature of the goods requested to be transported. We do, however, encourage You to notify Us of any complaints that you may have against any Customer.
11.5. Instavans and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site.
12. NOTICES AND COMMUNICATION
12.1. Any notice or notification in relation to these Terms which You wish to make to Us must be made in writing to:
|Attention||: Customer Service Department|
|Address||: 3rd Floor, K.P. Square, 307, 100ft Road, Indiranagar, Bangalore - 560008, India.|
12.2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
13. REPRESENTATION, WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
13.1. All consignments are carried at Owner’s risk in which case the owners are advised in their own interest to insure the same against a all risks of loss or damage in transit. The company shall not be liable for leakages, breakages or any loss or damages due to fire, accident, theft, weather conditions etc., in absence of any negligence dealt or misconduct.
We shall not incur any liability to you for providing you with the services and access to the Instavans Platform. Notwithstanding this, in the event we are ever held liable for any loss suffered by you, our liability shall not exceed the fees received by us for the particular services you have selected on the Instavans Platform. No liability shall be incurred by us in the event of a force majeure event resulting in the disruption of the services. In Order to claim this liability from the Company due to damage of the goods in transit, the customer has to report the damage of the goods along with the Statement of Goods” caused to the Company in less than 24 Hours from the Delivery Completion time. In no event, the Company will be liable for special, indirect, incidental, punitive or consequential damages, including, without limitation, loss of profits or lost data regardless of whether the User has been advised of the possibility of such damages.
13.2. If the User has not declared the goods correctly or missed to declare any goods in the Statement of Goods in the Service Request, then the Company shall not be liable for any loss or damages occurred to these unknown goods. The Company will not considered liable to these unknown goods that are not mentioned in the Statement of Goods and these unknown goods will be ignored if any such loss or damages occur to these goods.
13.3. Without prejudice to the above, the Company makes no representation or warranty that:
13.3.1. The Services will be uninterrupted, timely or error-free.
13.4. INSTAVANS shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Cargo service offered by service provider or due to the failure of the service provide to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
13.5. INSTAVANS will not be liable for any damages of any kind arising from the use of the Service offered by the transportation service provider including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
13.6. INSTAVANS will take all reasonable measures to ensure that TSP should fulfill his duty properly but there may be exceptions and if any goods misses the ship or train or flight or bus, INSTAVANS will not be hold liable for any such compensation. The customer is advised to make alternate arrangement in case the assigned vehicle has not reached due to any reason.
13.7. The Company shall not be liable for any conduct of the drivers of the Vehicles. INSTAVANS encourages you to notify any complaints that you may have against the driver of any Vehicles that you may have hired using the INSTAVANS platform.
13.8. All the vehicles registered with INSTAVANS platform are continuously tracked using GPS for security reasons only. It is expressly made clear to you hereby that the Company does not own any Vehicles nor does it directly or indirectly employ any drivers for the Vehicles. INSTAVANS disclaims any and all liability in respect of the drivers and the Vehicles alike.
13.9. INSTAVANS shall be entitled at any time without giving any reason to terminate the booking of the TSP Vehicle done by the Customer.
13.10. Any complaint in respect of the Services or the use of the vehicles supplied by the TSP, the Customer has to inform Company of the same in writing within 24 hours of using the Services of Company.
13.11. Estimated Pickup Time mentioned at the time of booking is only indicative and approximate and may vary.
13.12. If you fail to accept delivery of Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to failure on your part to provide appropriate instructions, or authorizations, then such Goods shall be deemed to have been delivered to you and all risks and rewards in relation to such Goods shall pass to you.
13.13. You must ensure that at the time of delivery of Goods, adequate arrangements, including access where necessary, are in place for the safe delivery of the Goods being transported by TSP. We cannot be held liable for any damage, cost or expense incurred to such Goods or premises where this arises as a result of a failure on your part to provide adequate access/ address or any other instructions or arrangements for delivery.
13.14. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you have provided to us. You can cancel the booking or provide alternate delivery address.
14. DELIVERY REJECTED CONSIGNMENTS
14.1. If the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay the TSP that any costs incurred in forwarding, disposing of or returning the consignment and other charges (if any) for the agreed appropriate next action.
14.2. If you fail to accept delivery of Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to failure on your part to provide appropriate instructions, or authorizations, then such Goods shall be deemed to have been delivered to you and all risks and rewards in relation to such Goods shall pass to you.
15. FORCE MAJEURE
15.1. We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
15.2. For the purposes of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Instavans, including but not limited to, any act of God, earthquakes, floods, cyclones, riots, government policy, etc.
16.1. Our failure, delay or omission to exercise or enforce any rights or provisions of these Terms will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
17. REVISION OF TERMS
17.1. We reserve the right to change any of these Terms or any policies or guidelines governing the Site or Services, at any time and at Our sole discretion. It is Your sole responsibility to review these Terms periodically for updates/changes. Any changes will be effective upon posting of the revisions on the Site. We may send You an automated e-mail to Your registered e-mail ID informing about the changes made.
17.2. Unless otherwise specified by Us, revised Terms will take effect automatically and be binding from the day they are posted on the Site. By continuing to access or use the Site or the Services, You will be deemed to have agreed to accept and be bound by such revised Terms. If You do not agree to the revised Terms, You should discontinue accessing Our Site or using Our Services immediately.
18. GRIEVANCE REDRESSAL POLICY
18.1. In case you have any complaints or grievances, please contact us at firstname.lastname@example.org
19.1. If any part of these Terms is determined to be invalid or unenforceable pursuant to any Applicable Law then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1. Any dispute, controversy or claim arising out of or relating to these Terms or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under Applicable Law shall be amicably settled through mutual consultation. If the Dispute is not settled amicably as aforesaid within a period of 30 (thirty) calendar days, the matter may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
20.2.The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Bengaluru, Karnataka.
20.3.These Terms shall be governed by and construed in accordance with the laws of India and, subject to this Clause 25, You agree and undertake that any controversy or claim arising out of or relating to these Terms will be adjudicated exclusively before a competent court in Bengaluru, Karnataka only.