Vyomi TechNetwork Services Pvt. Ltd. (vyom.com)
Plot 88, sector 44, Gurgaon, 122003
TERMS AND CONDITIONS
EFFECTIVE FROM April 1, 2018 IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT VYOM AT SUPPORT@VYOM.COM. FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE 'I ACCEPT' BUTTON SHALL BE CONSIDERED AS YOU HAVE READ AND UNDERSTOOD OF THIS DOCUMENT
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.
This mobile application (hereinafter referred to as " VTN Demand App/VTN Network") is owned by VYOMI TECH NETWORK SERVICES PRIVATE LIMITED, a Company incorporated under the Companies Act, 2013 with its registered office at Plot No.88, Sector-44, Gurgaon, Haryana-122002 India (hereinafter referred to as "VTN").
VTN is a Goods Transport Agency (hereinafter referred to as "GTA") engaged in the business of connecting the customers / shippers (buyer of trucking services) with fleet owners / suppliers / sub-brokers (provider of trucking services, hereinafter referred as Supply Partners) to serve their logistics needs.
This VTN Demand App has been developed by VTN to be used by its Customers for connecting with VTN's Supply Partners (i.e. supplier providing the logistics and transportation services) to fulfill their logistics and transportation requirements.
Terms and Conditions
In event the customer choses to use VTN's demand app via phone or email, the customer is allowing VTN to create an account in it's name with the VTN network. Any freight load shared by customer on email id email@example.com or on Vyom customer service number will be treated as freight load shared on Vyom platform/VTN's demand app and would be bound by these terms and conditions.
The customer's account would allow him to post his freight requirement on VTN network/VTN demand app and make payment for the placed order post confirmation of order
Load sharing with Supply Partners: The customer gives permission to VTN for sharing its freight loads with Supply Partners registered with VTN
Price Quote: For any freight load shared by customer on VTN platform/VTN Demand App, VTN will share with customer an estimated price (excluding GST and other incidental expenses/charges i.e. detention, green tax, unloading and loading charges etc.) for the order as early as possible depending on the availability of trucks.
Invoicing & Taxes: Final Invoice shall be raised by VTN to its customers which would include GST @12% under Forward charge, unless exempted by Government of India. It is clarified that since VTN doesn’t own any Trucks, therefore Customer to pay the invoice amount without any deduction of TDS. VTN would be responsible to deduct TDS from suppliers as applicable and deposit directly. Customer shall pay against the invoices raised within the time frame as per the allowed payment terms and in case of delay in making the payment additional interest as penalty on delayed payment shall be applicable. VTN will create 100% digital POD process in future same would be mutually agreed between the parties.
Customer will generate E way bill using VTN or enter E way bill number for the trip on VTN app and the same shall be considered as customer's acknowledgement to the invoice issued to the Customer.
Order confirmation: By requesting a truck on VTN network/VTN demand app, the order gets accepted as soon as VTN identifies the truck for the customer. The order would be considered confirmed unless cancelled by the customer. The customer may cancel the order up to 30 minutes post order confirmation without any penalty. Any cancellations post 30 minutes of order confirmation would attract cancellation charges.
Service Guarantee: VTN strives to provide 100% placement assurance post order confirmation though cannot guarantee the same. In the event of placement failure post order confirmation, VTN will find a replacement for the same at the earliest. Additional cost to be incurred would be borne basis mutual discussions.
Insurance: In certain cases, where Customer is Consignor himself, Customer authorizes VTN to insure the consignment and in case of loss/damage to consignment due to accident etc, VTN is authorized to claim such loss/damage through insurance. The claimed amount from insurance company will be used to compensate the customer for the damages / losses incurred by VTN’s supply partner in its service. Customer is required to support completion of all documents required by VTN for filing the insurance claim.
IIn cases where Customer is not Consignor himself, VTN’s liability in event of loss
/ damage to the consignment would not exceed 10% of total trip freight value. The claim
/ liability policy may change in future. All changes would be communicated to customer in a timely manner.
For any insurance claim filed by either original consignor or customer through their own insurance policies, VTN may assist in required documentation completion from Supply Partner registered on its supply platform. Decision on this would be taken on case to case basis. Vyom's liability in such cases would be NIL.
Payment: All payments shall be made by Customer in compliance with payment terms as selected and set up in Customer's online account created on VTN demand App.
Balance payment: In certain cases i.e. where customer is not Consignor himself, or where the payment is "TO PAY basis" the balance payment between the customer and the Supply Partner would be settled directly between them outside VTN's network. Standard requirements related to balance payment processing like POD submission, detention charges adjustment, late delivery charges adjustment would be settled directly between the customer & the supply partner. VTN would not liable to any claim by either party with respect to balance trip payment.
Detention and Penalties: Any detention charges and or penalties as agreed between the customer and supply partner if different from Vyom policies, are to be settled by them mutually. Vyom on cases to case basis might help both parties in resolving such disputes with a sole purpose of reaching towards a closure. VTN in no way is a party to any such financial relationship or dispute between the two parties.
Ratings: Customer gives consent to VTN to have a rating criteria on its platform wherein Supply Partners on VTN platform can rate their experience of interaction / transaction with the customer. VTN can use such ratings to optimize further its product.
Account Suspension: Customer gives right to VTN to accept or reject its registration on VTN platform. VTN has right to remove any customer, freight load from its platform without any prior notice. VTN can use data analytics or on its sole discretion decide to block, suspend, remove any customer account on its platform
Account Reinstatement: VTN has right to ask for any required documentation for re-instating any suspended, blocked account on its platform.
System & Data Security: VTN uses industry best practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
Permission to use data: The customer gives permission to VTN to use its data for any kind of analysis, product improvement or service enhancement to improve customer experience.
Communication: The customer agrees to receive service or VTN promotional / scheme in-app notifications as well as sms and/or email on registered mobile number and email id. The user may opt out of any alert or notifications through App settings options.
Out of Agreement: Any commitment with the customer which is done outside the preview of these terms by any individual including any Vyom team member, Vyom would not be bound for the same.
Confidentiality/ Non-Disclosure: As a result of the performance of this arrangement and whether due to any intentional or negligent act or omission, VTN may disclose to its customer or customer may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of VTN's business ("Our Information"). Customer hereby agree and acknowledge that any and all of our information is confidential and shall be VTN's sole and exclusive intellectual property and proprietary information. Customer agree to use such Information only for the specific purposes as allowed by the performance of this arrangement. Any disclosure of such Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. Furthermore, Customer acknowledge that such information is proprietary, confidential and extremely valuable to VTN, and that VTN would be materially damaged by Customer's disclosure of VTN's Information. Customer acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that VTB shall be entitled to injunctive relief.
Record Keeping/ Audit: We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping requirements should fall within country's legal framework.
Agreement Updation: Vyom from time to time might update certain or entire terms and conditions of this arrangement. On any such occasion, updated or modified terms will be displayed to customer on its app/ web platform and customer's acceptance of updated agreement on its platform will be treated as customer's consent.
Indemnity: Customer agree to indemnify and hold harmless the VTN and its licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to its use of the Service, any materials downloaded or uploaded through the Service, any actions taken by freight customers in connection with use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that the VTN may assert under this Agreement or by law.
Jurisdiction & Dispute Resolution:
If any dispute between Customers and Supply partners is reported to VTN,
VTN will make every effort to help both parties communicate; however,
all disputes must be resolved directly between them. If after making
constant endeavors still issue persist, then parties can take the resort of available legal remedies.
The courts at Gurgaon shall have the exclusive jurisdiction to adjudicate any such Dispute arising out of these terms and conditions.