This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Hire Lorry offers a technology platform on w ww.hirelorry.in and Mobile Application H ire Lorry available on Google Play store. Hire Lorry’s Technology platform is an enabling platform for a consumer to connect with a third party, independent valid permit holder drivers or vehicle operators known as T he Transport Service Provider hereinafter referred as TSP. Once TSP accepts a request, customer is notified with the details of TSP through sms, call or mobile application.
Although Hire Lorry shall do all the reasonable efforts to connect you with a TSP & the services are subject to the availability of TSPs in or around your location at the moment of your request for transportation services but Hire Lorry does not guarantee the availability of the Services, the availability of vehicles through the use of the Services, the accuracy of the data or information provided as part of the Services or the quality of the services of the Participating vehicles
By using this website and/or Mobile Application or user of the service through The CC you hereby acknowledges that Hire Lorry is not a transport services provider. It is up to the TSP to offer transportation services, which may be requested through the use of the Website, Application or CC. Hire Lorry only acts an intermediary between you and the TSP . The user has to note that TSP is your service provider and therefore it is subjected to the contract between YOU and the TSP . Hire Lorry shall never be a party to such contract.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by Hire Lorry. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our Services.
Hire Lorry advises its users that while accessing the web site/ the application, they must follow/abide by the related laws. Hire Lorry is not responsible for the possible consequences caused by your behavior during use of web site/application. Hire Lorry at all the times reserves the right to deny service.
User Accounts, Offers And Promotions
Hire Lorry collects general user data including name, email ID, contact details etc. to facilitate services. It is assumed that all information collected from the user is Correct & Accurate. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned by Hire Lorry. The company has right to use the customer contact information for marketing purposes. The Company may send regular SMS updates to the phone numbers registered with it. Any promotional discounts, offers and reward points in the form of cash back or Hire Lorry Money accumulated can be revoked without prior notice in the event of suspicious account activity or malafide intent of the user. In the case where the system is unable to establish unique identity of the user against a valid mobile number or email ID, the account shall be indefinitely suspended. Hire Lorry reserves the full discretion to suspend a user's account n the above event and does not have the liability to share any account information whatsoever.
Any software made a vailable to work on this website or on a mobile device and / or to download information and resources from it ( the " Software " ) is owned and copyrighted work of the Company and / or its affiliates . You are entitled to use the Software solely for the purpose of visiting the site , and / or downloading of information and resources , from him or make necessary service bookings . You can use this software only for the purpose mentioned above. Under no circumstances , you shall distribute to restructure , sell , decompile , reverse engineer , disassemble or otherwise deal with the Software .
The site / application is supplied on "as is " and indeed Hire Lorry is its best endeavors to ensure that the application to work correctly on your mobile device , though Hire Lorry does not guarantee the performance of the application , nor the compatibility of the application with your mobile device . Hire Lorry shall not be liable for any damages, claims or costs of any kind, including consequential, indirect, incidental damages or lost profits or damage to your mobile device as a result of your use of the Services or the installation and / or execution of software, even if Hire Lorry or his representative was informed of the possibility of such loss, damage or claims.
Website/Application As An Intermediary Platform
Hire Lorry’s Website, Application, Customer Care are just intermediary platforms that users utilize to meet and interact with one another and Vendors for required transportation service.
- All communication which inter alia include booking, its terms, your obligations, the vendor’s obligations, etc are outcomes of the communication between the vendor and You (through us). This includes, without any limitation, the details, date, and warranties related to services after booking/reservation. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- Subject to the above subclauses, a contract exists between the Vendor and the User and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the Vendor and the User alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the Vendor and the User directly without us being involved.
- We act as mere facilitators who make available labour as per your requirements. As set forth above, such contract between the User and the labour does not include us, and we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of the reservation due to nonavailability, services not meeting expectations of the User, and poor quality.
- Due to some technical issue, or typographical error, pricing on any product(s) or services as is reflected on the website by vendor may be incorrect and in such an event the vendor may cancel such reservations made by you.
- You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of your actions on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
You are advised to provide accurate information to Hire Lorry. Hire Lorry can verify the information that you have provided and choose to refuse the service or use of the Application / the Website without providing reasons.
By using the Application or Website you agree to:
- You have understood your contract with Hire Lorry for Website / Application usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
- Use the Application for personal purpose only.
- You will not assign or otherwise transfer your account to any other person or legal entity.
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Application in any way whatsoever.
- You will not copy, or distribute the Application or other content of Hire Lorry without written permission from Hire Lorry.
- You will keep your account password information confidential or Any other identification we provide you which allows access to the Service and the Application.
- You will provide us with whatever proof of identity we may reasonably request.
- You will comply with all applicable law from your city, State and the country while using the Application or the Service.
In addition to other reasons mentioned under the Termination clause below, Hire Lorry reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
General Customer Behaviour While Using Transport Service Through Transport Service Provider
It is expressly made clear to the customers that the Hire Lorry does not own any vehicle registered with it for logistics purpose, nor does it directly or indirectly employ any drivers for the vehicle. Vehicle and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the Vehicle alike.
- You have understood your contract with Hire Lorry for Website / Application usage and you have clearly understood the SERVICE with our CLARIFICATIONS.
- It is expected that a reasonable behavior shall be followed by the customers / passengers while utilizing the Services offered by the TSP.
- Hire Lorry encourages all its customers to take full responsibility of his/her items. In case of lost items inside during the journey, Hire Lorry will try to locate the items on a "besteffort" basis but is not responsible for the same in case of loss or damage to the same.
- All the calls made to the Hire Lorry's CC are recorded by company for quality and training purposes.
- Tolls and extra fares as applicable are to be paid by the user.
The customer shall ensure that he/she will not indulge in any of the following activities while in goods carrier:
- Asking the driver to break any Traffic/Transport/City Police and/or government rules for any purpose (especially reaching the destination earlier).
- Pressurizing the driver to overload the boot space of the vehicle with luggage. The customer shall not be generally allowed to use the seating area of the vehicles for placing any kind of luggage.
- Customer should not soil or damage the body and/or any other interiors of goods carrier.
Representation, Warranties, Indemnification And Limitation Of Liability
Without prejudice to the above, Hire Lorry makes no representation or warranty that:
- The Services will always meet the customer's requirements.
- The Services will be uninterrupted, timely or errorfree
- Hire Lorry shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of transportation service offered by TSP or due to the failure of TSP to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's noncompliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer or telecommunications system or other circumstances whether or not beyond the control of Hire Lorry or any person or any organization involved in the above mentioned systems.
- Hire Lorry will not be liable for any damages of any kind arising from the use of the Service offered by the TSP including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Hire Lorry shall not be liable for any loss or damages, including any injury which you may suffer as a result of your vehicles journey in a participating vehicles hired through the services and all your rights in relation thereto and in relation to the contract for hire between you and the relevant Participating vehicles shall be a matter between you and the relevant Participating vehicles.
- Hire Lorry will take all reasonable measures to ensure that TSP should fulfill his duty properly but there may be exceptions and if any delay, direct and indirect loss occurs , Hire Lorry will not be held liable for any such compensation.
- The customer is advised to make alternate arrangement in the case vehicle has not reached due to any reason.
- Hire Lorry shall not be liable for any conduct of the drivers. Hire Lorry encourages you to notify any complaints that you may have against the driver before requisite authority.
- We are not liable if we do not fulfill any obligations towards you because of following
(but not limited to):
- Acts of god such as flooding, fire, earthquakes, cyclones, storms or other (but not limited to) natural calamities or disasters.
- Force majeure such as (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
- Criminal acts of third parties such as theft and arson.
We are not liable if we do not fulfill any obligations towards you because of following (but not limited to):
W e do not carry, nor perform other services in relation to goods which are not limited in our sole opinion dangerous goods including, but on that of the regulations, directives, technical manuals, codes for us and our business, or for the transport limits specified, or the provision of other services in respect of dangerous goods.We may at our discretion accept some dangerous goods for carriage or the provision of other services, in some places, if you have granted the status of approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the relevant regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are from our nearest office and a dangerous goods surcharge available is provided to you upon acceptance of your shipment bill. We do not accept shipments that contain prohibited items. We accept shipments only after your explanation of the nature and value of the shipment ("I said, included" basis). We have no responsibility for the correctness of description, type, or value thereof, and you agree to indemnify us and keep us from any claims that may be brought against us arising from or in connection with this statement by you and any costs provided to us may arise will entrust traffic.
If the receiver refuses to accept delivery we will try to contact user and agree the appropriate next action. User agrees to pay the Company any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action
Amendment To Terms Of Contract
Hire Lorry shall be entitled to add, vary or amend any or all these terms and conditions at any time without any prior notification to user(s). Customer shall be bound by such addition, variation or amendment from the date that such addition, variation or amendment are incorporated into these terms and conditions at website and/or the Application.
Consent To Electronic Communications And Transactions
By using our website/application/service, you consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by email or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Application or the Website.
Choice Of law And Dispute Resolution
These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Pune shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, Service, the Application or the Website. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.