Terms & ConditionsThe website located at sendit.in (the "Site") and the associated mobile application ("Mobile App") are copyrighted works belonging to Sendit ("Sendit", "us", and "we"). Sendit provides a service that connects Truckers ("Carriers") to entities who needs to ship goods ("Shippers") (collectively, with the Site, Mobile App and all services provided therein, the "Service"). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be provided in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
THESE TERMS OF SERVICE ("AGREEMENT") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE SENDIT, ENTITY OR ORGANIZATION THAT YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE SENDIT, ENTITY OR ORGANIZATION THAT YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.SERVICE DESCRIPTION1.1 General
Sendit helps to connect Shippers and Carriers for the shipment of local freight and cargo by providing a platform whereby Shippers can post details of desired shipment requests and Carriers can accept such shipment requests. "User" means any user of the Service, and may be a Carrier or a Shipper. To the extent you are a Carrier, the provisions in this Agreement regarding Carriers apply to you. To the extent you are a Shipper, the provisions in this Agreement regarding Shippers apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. For the avoidance of doubt, Sendit provides only the platform for posting and accepting Shipments.
1.2 Shipment Requests.
Shipper may post a request for a shipment ("Shipment") through the Service. Without limitation, Shipper will provide origin and destination addresses, the requested date and pickup time of the Shipment, a description of the items being shipped (including weight) and any other relevant information about the Shipment. Sendit is not responsible for any Shipment terms. Once the Shipment is accepted for posting by Sendit, the details of the Shipment are posted to the Service. Sendit may designate certain preferred Carriers that will be able to view and accept the Shipment prior to other Carriers. After a certain period of time, the Shipment will be viewable to all Carriers in the immediate area. Shippers may cancel a Shipment at any time prior to it being accepted by a Carrier. Carriers may view a list of the available Shipments in its immediate area at any time and accept a Shipment through the Service. The first Carrier to accept a Shipment will be assigned the Shipment. Once accepted by a Carrier, Sendit will notify Shipper that the Shipment has been accepted. Shipper and Carrier will receive each other’s phone number. Each Shipper and Carrier is responsible for providing their own phones for use with the Service. Sendit does not guarantee that a Shipment will be accepted by a Carrier. If a Shipment is not accepted by a Carrier, Sendit will notify the Shipper that no Carrier is available and try posting the Shipment again.
1.2.1. Completing the Shipment.
Shipper must issue and provide the Carrier a bill of lading ("Bill of Lading") for each Shipment. The Bill of Lading must contain, at minimum, the name and address of the Shipper, the origin and destination addresses, the requested pickup and delivery dates and times, description of the items being shipped (including weight) and other relevant terms and conditions. Once the Shipment has been completed, Carrier will promptly upload to the Service a proof of delivery signed by the authorized recipient ("Proof of Delivery") and send the original to Sendit. Carrier will direct any questions or concerns regarding the Bill of Lading to the applicable Shipper.
2.SHIPPER TERMS2.1 Representations and Warranties.
If you are a Shipper, you hereby represent, warrant and covenant that:
(a) You will not use the Service to ship items that are illegal, dangerous, hazardous, harmful, unsafe, offensive or objectionable;
(b) You own the shipped items or have the necessary rights to ship such items;
(c) You use the Service to ship items at your own risk and agree that Sendit will have no liability for any shipped items;
(d) You are solely responsible for obtaining any insurance to cover any anticipated losses
(e) Requested pick-up and delivery dates and hours will not require the Carrier to violate hours of service regulations under applicable law; and
(f) You are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death.
(g) You will not ask the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
(h) Pressurizing the driver to overload truck with the consignment than the allowed limit.
The Customer shall indemnify Sendit from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Sendit may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand of the Sendit.
The Sendit is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a booking. The location based information will be used only to facilitate and improve the probability of locating a mini-truck for the Customer.
In case of lost items inside the Sendit during the journey, Sendit will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
Any complaint in respect of the Services , the Shipper/Customer has to inform Sendit of the same in writing within 24hours of using the Services of Sendit.
Shippers shall not contact any Carrier to solicit, offer, or book shipments with the Carrier for 12 months from the last date of a Shipment between the Carrier and Shipper. Sendit reserves the right to terminate Shipper's Account or this Agreement in its sole discretion for a breach or suspected breach of this Section 2.2.
Subject to the terms of this Agreement, Sendit grants you a non-transferable, nonexclusive, license to use the Site for your internal business use during the term of this Agreement.
3.2 Mobile App.
Subject to the terms of this Agreement, Sendit grants you a non-transferable, non-exclusive, license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile device and for your internal business use during the term of this Agreement.
3.3 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;
(c) you shall not access the Service in order to build a similar or competitive service; and
(d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Service shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Service content must be retained on all copies thereof.
3.4 App Stores.
You acknowledge and agree that the availability of the Mobile App is dependent on the third party from which you received the Mobile App (“App Store”), e.g., the Apple App Store or Google Play. You acknowledge that this Agreement is between you and Sendit and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service are owned by Sendit or Sendit’s licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Sendit and its suppliers reserve all rights not granted in this Agreement.
Sendit reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Sendit will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
If you provide Sendit any feedback, suggestions, bug reports, system errors, and other information or ideas regarding the Service (“Feedback”), you hereby assign to Sendit all rights in the Feedback and agree that Sendit shall have the right to use such Feedback and related information in any manner it deems appropriate. Sendit will treat any Feedback you provide to Sendit as nonconfidential and non-proprietary. You agree that you will not submit to Sendit any information or ideas that you consider to be confidential or proprietary. If you agree to participate in any case studies, you agree that information you provide in connection with the case study is deemed Feedback and that Sendit may use your name in connection with such Feedback.
5.DISCLAIMER and RELEASETHE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
SENDIT OFFERS A PLATFORM TO CONNECT SHIPPERS AND CARRIERS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SHIPPING SERVICES OR ACT IN ANY WAY AS A CARRIER, COURIER, SHIPPING PROVIDER OR BROKER. IT IS UP TO THE THIRD PARTY CARRIER TO PROVIDE SHIPPING SERVICES, WHICH MAY BE SCHEDULED THROUGH THE USE OF THE SERVICE. SENDIT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SHIPPING SERVICES PROVIDED TO SHIPPERS BY SUCH THIRD PARTY CARRIERS. SENDIT SHALL NO BE DEEMED TO BE AN AGENT OR A PARTNER OF CARRIER OR SHIPPER FOR ANY REASON. CARRIERS SHALL NOT BE DEEDED TO BE A SUBCONTRACTOR OR EMPLOYEE OF SENDIT FOR ANY REASON.
DRIVING WHILE USING PHONES IS DANGEROUS AND AGAINST THE LAW. DO NOT USE THE MOBILE APP WHILE DRIVING. IF YOU USE THE MOBILE APP WHILE DRIVING, YOU DO SO AT YOUR OWN RISK.
WE DO NOT ASSESS THE SUITABILITY, LEGALITY, REGULATORY COMPLIANCE, QUALITY OR ABILITY OF ANY CARRIERS, SHIPPERS, SHIPPED ITEMS AND SHIPPING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE, AND WE MAKE NO WARRANTY REGARDING THE FOREGOING. BY USING THE SERVICE, YOU OR YOUR SHIPMENTS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE. YOU USE THE SERVICE AT YOUR OWN RISK. YOUR INTERACTIONS WITH OTHER USERS AND THIRD PARTIES ARE SOLELY BETWEEN YOU AND SUCH USER OR THIRD PARTY. YOU AGREE THAT SENDIT WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER OR THIRD PARTY, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.
YOU HEREBY WAIVE AND RELEASE SENDIT (AND OUR SUPPLIERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO OTHER USERS OR THIRD PARTIES.
All vehicles registered with Sendit are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that Sendit does not own any mini-truck nor does it directly or indirectly employ any drivers for the vehicle. Mini-trucks and drivers are all supplied by third parties and Sendit disclaims any and all liability in respect of the drivers and the mini-trucks alike. Sendit have right to use the customer contact information for its own marketing purposes. Sendit may send regular SMS updates to the mobile numbers registered with it.
The courts of Bangalore, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Sendit or the agreement or arrangement between Sendit and the Customer.
6.REJECTED SHIPMENTSIf the receiver refuses to accept shipment we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action.
7.CHANGES TO TERMS AND CONDITIONSThis Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by providing an option to accept the new terms before your next use or sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on the Service. Any changes to this agreement will be effective upon the earlier of (a) the date you accept the new terms or (b) thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or (c) thirty (30) calendar days following our posting of notice of the changes on the Service. These changes will be effective immediately for new Users of the Service. You are responsible for providing us with your most current e- mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
#6, 2nd floor,
Above Raymonds showroom, Gajanana chambers,
11th main, Jayanagar 4th block,