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.
YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
We've updated our Terms and Conditions to provide you with complete transparency when you visit our website and how our Services is being used. By visit and/or using Our web app/mobile app/Service, registering an account, or making/accepting an order, you signify that you have read, understood, and agreed to Our Terms of Service under this Agreement electronically.
Our Terms and Conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your consignment or perform other Services as well as our employees, directors and agents. Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the Consignment with oral or written instructions that conflict with our Terms and Conditions we shall not be bound by such instructions.
You agree to you have read carefully “Disclaimer” and this Agreement in which these provisions limit Our liability to you.
You also acknowledge and agree that you have the authority to enter into these Terms and Conditions personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of Our web app/mobile app/Services and to bind such organization to these Terms and Conditions.
The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:
· "We", "Us", "Our", "GOODY", "Company" shall refer to Glog Tech Private Limited (owner of Goody), its employees, authorised agents and its independent contractors and the entities and employees within companies of the same group that operates a platform to connect Shipper and Delivery Partner (defined as below) for the arrangement of delivery(ies) or perform any other services incidental thereto on its behalf.
· “You”, “you”, “Your”, “your”, “User” shall refer to the Shipper and Delivery Partner who use and have the right to use the services provided by GOODY ("Services").
· “Shipper” 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.
· “Delivery Partner” shall refer to the driver who pick up the goods from starting point(s) and deliver them to the destination(s) according to Our mobile app/web app which is instructed by Shipper.
· "Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by Driver Partner for delivery by using Our web app/mobile app/Services.
· “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.
· “Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.
· "Prohibited Items" means any goods or materials, the Delivery of which is prohibited by Applicable Law.
· “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
· “Applicable Law” means all laws, statutes, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.
The services (“Services”) provided by GOODY is a technology based service which enables the hiring of vehicles by Shipper for a point(s) to point(s) service, or for time and usage based service within city limits (intra-city) and outside city limits (inter-city), through the internet and/or mobile telecommunications devices (i.e. including but not limited to Our web app/mobile app). Our Services are available only to those individuals or companies who can form legally binding contracts under the Applicable Law. Therefore, User must not be a minor as per Applicable Law; i.e. User must be at least 18 years of age to be eligible to use our Services.
GOODY advises its Users that while accessing Our website/web app/mobile app, they must follow/abide by the related laws. GOODY is not responsible for the possible consequences caused by your behaviour/acts during use of Our website/app. GOODY may, in its sole discretion, refuse the Services to anyone at any time.
This agreement applies to all User if User are visitors, registered - free or paid User who access the website/web app/mobile app for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User may use Our website/mobile app solely for their own personal or internal purposes.
This agreement applies to all GOODY’s Services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by User. 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.
AMENDMENT TO USER AGREEMENT
GOODY may change, modify, amend, or update this agreement from time to time with or without any prior notification to User 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 Services. Your continuous use of the Services will signify your acceptance of the changed terms. User shall also be bound by any amendments made in any policy or agreement from time to time, referred to in these Terms of Services.
TERMS & CONDITIONS FOR USE OF OUR SERVICE
The following Terms & Conditions shall apply to users utilising the Services offered by GOODY for the completion of a delivery or deliveries:
- The User agrees and accepts that the use of the Services provided by GOODY is at the sole risk of the User, and further acknowledges that GOODY disclaims all representations and warranties of any kind, whether express or implied. Shipper will verify the Delivery Partner’s identity by confirming the following: the condition of the vehicle; the vehicle’s license plate; and the Delivery Partner’s license. User warrants that the User alone will decide whether or not to accept the Delivery Partner for a specific Shipment. Meanwhile, the Delivery Partner will verify the identity of Shipper by confirming with Shipper and also whether the goods meets the conditions stated in this Agreement.
- Any payment made by User through electronic modes is processed by a third party and deposited into the GOODY’s bank account for payment to the Delivery Partner. By entering into this Agreement, User releases and waives any claim against GOODY with respect to any acts, omissions or errors by the third party. GOODY has sole decision right to select the third-party processing company. User hereby also authorizes the Company to share all necessary information belonging to User to facilitate payment via the third-party processor, including, but not limited to, payment card information, bank account information and e-wallet information. Your authorisation under this clause is also subject to any other terms and conditions of the vendor(s). User can utilize the “User Wallet” and use balances in the wallet for delivery fees at Our mobile app/web app. User agrees to consider the whole payment made by the Shipper to be directly paid by Shipper to Delivery Partner.
- User acknowledges and agrees that they are not permitted to rent, lease, sublicense, distribute or transfer copies of Our web app/mobile app or the license for the use of Our web app/mobile app to any third parties.
- User acknowledges and agrees that they shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes.
- User acknowledges and agrees that they will not authorise others to use their account registered via our web app/mobile app and only a single account is allowed to open.
- User acknowledges and agrees that they shall not engage in harassing, threatening, discriminatory (based on gender, age, race, disability or any other protected classification) or any other behaviours that GOODY deems inappropriate when using the Services.
- User acknowledges and agrees that they shall not install and/or execute Our web app/mobile app on any device other than the mobile device running the operating systems approved by GOODY.
- User agrees that they shall not modify, adapt, reverse engineer, decompile, disassemble, translate Our web app/mobile app or create derivative works based on Our web app/mobile app.
- User shall indemnify GOODY 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 GOODY 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 User and shall pay such sums on demand as per the request of GOODY.
- User acknowledges and agrees that GOODY reserves the right to restrict or log out a User’s account if the User breaches any of the platform's rules, privacy policies or in accordance with any business adjustments.
- The User agrees that User and GOODY are independent parties and that no agency relationship, representation relationship, or employment relationship is formed between the User and the Company by virtue of User’s use of the Services.
- GOODY is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses Our mobile app/web app to make a vehicle delivery booking. The location based information will be used only to facilitate and improve the probability of locating a vehicle for delivery for the Shipper.
GOODY shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the User in the possession of GOODY in any way as GOODY and companies within its group, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- GOODY shall be entitled at any time without giving any reason to terminate the booking of the vehicle for delivery done by the Shipper. User shall indemnify GOODY with respect to any expenses incurred with respect to such booking.
- GOODY reserves the right to offer the discounts/promotional offers to any User of its own choice and shall not be held liable to any User for not offering the same. The discounts/offers have been made available at the sole discretion of GOODY and are subject to change/amendment/modification from time to time. GOODY at its sole discretion may at any time discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever. The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the User shall be deemed to have been made on a voluntary basis.
- In case of lost or damage or theft or misappropriation of items during the transit, GOODY will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage or theft or misappropriation to/of the same. GOODY only operates a platform for aggregation of the vehicles and Delivery Partner for the purposes of providing Services. Though in some cases based on the discretion of GOODY, amount below INR5,000 or the cost of the contested shipment delivery (whichever is less) would be in place as settlement. In the event of loss or damage or theft or misappropriation of any item, User shall not have any right to withhold the payment to be made to GOODY. Further, in the event any payments from the User to GOODY are pending for the period prescribed by GOODY in its respective invoice/statement/mobile app/webapp, GOODY reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to GOODY for the Services.
- Any complaint in respect of the Services or the use of the vehicles, the User has to inform GOODY of the same in writing within 24 hours of using the vehicles or Services of GOODY.
- GOODY shall not be liable for any conduct of the Delivery Partner of the vehicles. However, the Company encourages Shipper to notify it of any complaints that Shipper may have against the Delivery Partner that Shipper may have hired using the GOODY's Services.
- Shipper shall pay the fare (as agreed), parking charges, additional surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of GOODY.
- Shipper acknowledges and agrees that the loading and unloading work is not within the scope of the shipment delivery, and is excluded in the estimated price shown while placing the order. An additional fee for the loading and unloading work may be charged by the Driver Partner according to the work required.
- Shipper shall ensure that he/she will not indulge in any of the following activities while availing the service:
· Soiling or damaging the body and/or any other interiors of the vehicle(s) hired.
· Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle(s) hired.
· Asking the Delivery Partner to break any Traffic/RTO/City Police and/or government rules for any purpose. The Delivery Partner has the right to refuse such a request by the customer. The Delivery Partner also has the right to refuse such a pick-up.
· Pressurizing the Delivery Partner to overload the truck with the consignment than the allowed limit.
- Shipper agrees that neither GOODY nor the Delivery Partner holds title to or acquires any ownership interest in any shipments that Shipper requested to be delivered through the Services. Shipper acknowledges that the Delivery Partner and/or their drivers will not open and inspect shipments nor be responsible for the transportation of special goods. GOODY, Delivery Partner, and/or drivers shall bear no responsibility or any legal liability resulting from the transportation of shipments.
- Shipper agrees that GOODY and Delivery Partner shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for delivery solely at the Shipper’s risk for any damages arising during the course of delivery.
- Shipper understands and agrees that any placed order request for service is subjected to availability of Driver Partner. In the event that any placed order request submitted is not processed, GOODY shall inform the Shipper by push notifications or SMS or email or calls to the mobile device or phone number you have provided to GOODY.
- GOODY shall be entitled to add to, vary or amend any or all these Terms and Conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms and Conditions at GOODY's website at www.letsgoody.com on the date that GOODY may indicate that such addition, variation or amendment is to come into effect.
- All the calls made to GOODY's call centre are recorded by Goody for quality and training purposes. In the event you place a query on our website/web app/mobile app including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.
- Cancellation Policy: For Shipper, all cancellations made 5 minutes after acceptance of order by Delivery Partner will incur a cancellation fee of INR50/- (Indian Rupees Fifty only). For Delivery Partner, cancelling four bookings in a day after acceptance of order by Delivery Partner himself will temporarily suspend your account for 24 hours. Figures are subject to change.
- Any pricing and charges presented in the web app/mobile app are in local currency (unless specified) and exclude goods and services tax, where applicable.
- Toll Charges: In case of a toll on your trip, toll fare will be charged to Shipper.
- Waiting Charges: Shipper will be subject to additional fees or charges in the event that the Shipper makes the Delivery Partner wait according to Our web app/mobile app.
- GOODY reserves the right to change its prices charged at any time, at its discretion.
User shall not disclose any information received under this contract of service with GOODY to any third party.
Conﬁdential information (“Conﬁdential Information”) shall mean and include all information, whether verbal or written, disclosed to the User, as the case may be, but not be limited to the User’s details (i.e. personal information and sensitive personal information as deﬁned under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011), phone numbers, market information, all work products and documents related thereto, the contents of Our mobile app/web app or any other information, whether provided orally or in writing, received or to be received by User. Further, the Conﬁdential Information at no times can be disclosed to any party in the same or similar business as that of GOODY.
Access to any Confidential Information which pertains to business of GOODY shall be kept confidential to the extent it might adversely impact GOODY’s business.
User shall be liable to indemnify GOODY against any loss of business or reputation due to the act of the User.
INTELLECTUAL PROPERTY RIGHTS
GOODY is the sole owner or lawful licensee of all the rights to the website/web app/mobile app and its content (“Content”). The Content means its design, layout, text, images, graphics, sound, video etc. The Content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Content shall remain with GOODY, its affiliates or licensor's of GOODY’s Content, as the case may be.
All rights, not otherwise claimed under this agreement or by GOODY, are hereby reserved. The information contained in Our website/web app/mobile app is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. GOODY does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on Our website/web app/mobile app, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in Our website/web app/mobile app is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User. In no event shall GOODY be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. User must hereby acknowledge that any reliance upon any Content shall be at their sole risk.
GOODY reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or Our website/web app/mobile app.
All related icons and logos are registered trademarks or trademarks or service marks of GOODY in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All Content of Our website/web app/mobile app is the copyright of GOODY except the third party content and link to third party websites on Our website/web app/mobile app.
Systematic retrieval of GOODY’s Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from GOODY is prohibited.
In addition, use of the Content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of GOODY's Services, you agree that you will not use the Services to infringe the intellectual property rights of others in any way. GOODY reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the GOODY service, or if GOODY believes that a User’s conduct is harmful to the interests of GOODY, its affiliates, or other Users, or for any other reason in GOODY's sole discretion, with or without cause. You shall be liable to indemnify GOODY for any losses or expenses incurred by GOODY due to any infringement of intellectual property rights owned by GOODY without prejudicing GOODY’s right to bring any legal action against you.
THIRD PARTY SITES
Third party sites are provided by GOODY as a convenience to User and GOODY has no control over such sites i.e the content and resources provided by them.
Most content and some of the features on Our website/web app/mobile app are made available to visitors free of charge. However, GOODY reserves the right to terminate access to certain areas or features of Our website/web app/mobile app at any time for any reason, with or without notice. GOODY also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of GOODY and/or other visitors to Our website/web app/mobile app. GOODY reserves the right to limit, deny or create different access to Our web app/mobile app and its features with respect to different User, or to change any of the features or introduce new features without prior notice.
· As a Shipper, you warrant, undertake and guarantee to us:
o The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note and that the Consignment Note is complete in all respects and the documents as required for the transporting the consignment including invoice, permits are enclosed with the Consignment Note.
o That the contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.
o That all statements and 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 or our Delivery Partner arising from the information provided by you.
o We are authorised to deliver the goods at the address mentioned by you in Our web app/mobile app/other manners 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 Agreement. We will be sending the delivery confirmation by notification in the mobile app/SMS/e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.
o You have declared the correct content including 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.
o When you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days from the date we send you the invoice.
o You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If you handover/load the vehicles with Valuables for transportation, any loss/damage/theft/misappropriation to/of the consignment shall be at your risk and not ours, for the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage/loss/theft/misappropriation to/of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation/goodwill due to your actions of breaching our terms of service in this Agreement.
o It is your responsibility to ensure that the shipments are adequately packed to protect against damage during the course of delivery, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the case of a shipment of fragile nature, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the shipment is guarded against damage that may result from any force, pressure or blows to which delivery items are ordinarily subject during the course of delivery and that such fragile shipments shall bear the word “FRAGILE” prominently displayed in capital letters on the face of the case or container.
o You understand, agree and acknowledge that if the consignment or any contents thereof are of the value exceeding INR10,000/- (Indian Rupees Ten Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration of the consignment details/value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage/loss/theft/misappropriation or any insurable loss to/of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered loss of reputation/goodwill due to your actions of breaching our terms of service.
o 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.
o Applicable Law has been complied with by you.
· As a Delivery Partner, you warrant, undertake and guarantee to us:
o You acknowledge and agree that GOODY’s role is limited to (a) managing and operating the GOODY and Our mobile app and being a market place solely for the display of the Services in the manner decided by GOODY unilaterally, (b) being an online booking platform facilitating the provision of Services by the Delivery Partner to the Shippers, and (c) payment collection through valid collection methods (either a credit card or accepted third party vendors) designated by the Delivery Partner to facilitate the transactions between Delivery Partner and the Shipper.
o You acknowledge and agree that you operate independently and shall not act as, be or construed to be an agent or employee of GOODY at any time. Hence, you acknowledge and agree that you will not be entitled to any employee beneﬁt, statutory or otherwise, offered by GOODY to its employees including but not limited to wages, vacation pay, sick leave, retirement beneﬁts, social security, worker's compensation, health or disability beneﬁts, or employee beneﬁts of any kind.
o You hereby agree to switch on your mobile phone/device and Our mobile app during the performance of the Services without being any exceptions whatsoever.
o You acknowledge and agree that you shall be solely liable for any and all accidents/incidents involving your vehicle, while providing the Services. GOODY shall not be held liable for any such accidents/incidents involving the Delivery Partner’s vehicle. All miscellaneous expenses pertaining to your vehicle, such as maintenance expenditures, penalty for violation of trafﬁc rules, etc., shall be borne solely by you, and GOODY shall not be held liable or responsible for the same.
o You hereby agree that you shall be responsible for the payment of all applicable taxes to which you may be subject as an independent contractor.
o You hereby agree that you shall not assume or create any obligation or responsibility, express or implied, on behalf of or in the name of GOODY and you do not have the authority to create, modify or terminate a contractual relationship(s) between GOODY and any third parties or act for or bind GOODY in any respect. Any act of you on behalf of GOODY which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and you shall be personally liable for the same.
· You certify that all statements and information you provide relating to the delivery 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. 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.
· You agrees and acknowledges that the use of the Services offered by GOODY is at the sole risk of the User and that GOODY 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 Applicable Law. Without prejudice to the above, GOODY makes no representation or warranties with respect to:
o The Services meeting the User's requirements.
o The Services will be uninterrupted, timely, secure, or error-free.
o Any responsibility or liability for any loss or damage, howsoever caused or suffered by the User arising out of the use of Services offered by GOODY or due to the failure of GOODY to provide Services to the User for any reason whatsoever including but not limited to the User's non-compliance with the Services' recorded voice/in-app 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 GOODY or any person or any organization involved in the above mentioned systems.
o Any responsibility or liability for any loss or damage, howsoever caused or suffered by GOODY arising out of the use of Services offered by GOODY or due to the failure of GOODY to provide Services to the User for any reason whatsoever including but not limited to the User's non-compliance with the Services' recorded voice/in-app 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 GOODY or any person or any organization involved in the above mentioned systems.
o Any additional or extra charges for far off locations & toll charges as well.
o Any alternate arrangement(s) if the vehicle has not reached due to any reason.
· GOODY is not liable if GOODY do not fulfill any obligations towards you at all as a result of:
o Circumstances beyond GOODY’s control such as (but not limited to):
§ Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
§ Force majeure including (but not limited to) war, epidemics, pandemics, 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.
§ Latent defects or inherent vice in the contents of the consignment.
§ Criminal acts of third parties such as theft and arson.
o Your acts or omissions or those of third parties such as:
§ 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.
o The contents of the Consignment consisting of any article that is a prohibited item/Dangerous Goods/Valuables even though we may have accepted the consignment by mistake or you have willingly handed it over to us without notifying/ informing/declaring to us.
· Dangerous Goods/Drugs
o We do not deliver, nor perform other Services regarding, goods which are in our sole opinion Dangerous Goods and/or Drugs including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other Services regarding, Dangerous Goods and/or Drugs.
o We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other Services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.
· Prohibited Items: We do not accept Consignments that contain prohibited items.
· 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.
If the receiver refuses to accept delivery, we will try to contact you and agree to the next action if it is appropriate. Sender agree to pay GOODY’s Delivery Partner any costs GOODY’s Delivery Partner incur in forwarding, disposing of or returning the consignment and GOODY’s charges (if any) for the agreed appropriate next action.
If Shipper terminates the agreement with GOODY’s Delivery Partner with respect to any consignment, Shipper shall be liable to pay GOODY’s Delivery Partner the entire fees and other expenses incurred with respect to such consignment.
CLAIMS BROUGHT BY THIRD PARTIES
You undertake to GOODY that you shall not permit any other person who has an interest in the Consignment to bring a claim or action against GOODY arising out of the delivery even though GOODY may have been negligent or in default and if a claim or action is made you will indemnify GOODY against the consequences of the claim or action and the costs and expenses GOODY incur in defending it.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the India, without regard to the principles of conflict of laws. The courts of Bengaluru shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by GOODY pursuant to these Terms of Service.
This Agreement requires all disputes between User and GOODY to be resolved by way of binding arbitration. In particular, with limited exceptions, requires disputes between User and GOODY to be submitted to binding and final arbitration. Unless User opts out of the arbitration in this Agreement: (1) User will only be permitted to pursue claims and seek relief against GOODY on an individual basis, not as a plaintiff or class member in any class, collective, representative, or consolidated action or proceeding; and (2) User is waiving its right to seek relief in a court of law and to have a jury trial on your claims. The arbitration in this Agreement could affect your right to participate in pending class litigation.
In accordance with Information Technology Act 2000 and rules made there under, you can contact our grievance officer at:
The information contained in Our website, web app and mobile app is for general information purposes only. The information is provided by GOODY and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website/web app/mobile app or the information, products, services, or related graphics contained on the website/web app/mobile app for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of Our website/web app/mobile app. Through Our website/web app/mobile app you are able to link to other websites (if any) which are not under the control of us. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the portal up and running smoothly. However, GOODY takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control. All vehicles registered with GOODY are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that GOODY does not own any vehicle nor it directly or indirectly employ any Delivery Partner for the vehicles. Vehicles and Delivery Partner are all supplied by third parties and GOODY disclaims any and all liability(ies) in respect of the Delivery Partner and the vehicles alike.
GOODY has the right to use the User’s contact information for its own marketing purposes. GOODY may send regular SMS updates to the mobile numbers registered as consent has been given by User once they registered with FUTRLG.
GOODY does not warrant to the User that the User will be able to use the Our Services/mobile app/web app at all times or locations or that Our mobile app/web app and the Services provided through Our mobile app/web app will be uninterrupted or virus-free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by GOODY.
In case of any discrepancy between the English version and any regional language versions, the English version prevails.