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 following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:
User(s) means any individual or business entity/ organization that legally operates in India or in other country, uses and has the right to use the Services provided by Dropon. It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age. Dropon advises its users that while accessing the web site, they must follow/abide by the related laws. Dropon is not responsible for the possible consequences caused by your behavior / acts during use of web site. Dropon may, in its sole discretion, refuse the service to anyone at any time.
This agreement applies to user(s) if user(s) are visitors, registered - 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.
This agreement applies to all Dropon Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).delivery 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(S) AGREEMENT
Dropon may change, modify, amend, or update this agreement from time to time with or 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 and deemed acceptance of the amended Agreement. Further, User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.
INTELLECTUAL PROPERTY RIGHTS
Dropon is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Dropon, its affiliates or licensor's of Dropon content, as the case may be.
All rights, not otherwise claimed under this agreement or by Dropon.delivery, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Dropon 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 this web site, 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 this web site 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(s). In no event shall Dropon be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
Dropon 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 Service or the app/website. Trademark
All related icons and logos are registered trademarks or trademarks or service marks of Dropon 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. Copyright
All content on this web site is the copyright of Dropon except the third party content and link to third party web sites on our app/website.
Systematic retrieval of Dropon 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 Dropon 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 Dropon's Services, you agree that you will not use the web site service to infringe the intellectual property rights of Dropon or any other third party in any way. Dropon reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the Dropon service, or if Dropon believes that user(s) conduct is harmful to the interests of Dropon, its affiliates, or other users, or for any other reason in Dropon's sole discretion, with or without cause. You shall be liable to indemnify Dropon for any losses or expenses incurred by Dropon due to any infringement of intellectual property rights owned by Dropon without prejudicing Dropon's right to bring any legal action against you.
LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and Dropon has no control over such sites i.e content and resources provided by them.
Most content and some of the features on the web site are made available to visitors free of charge. However, Dropon reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Dropon 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 Dropon and/or other visitors to the web site. Dropon reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
TERMS & CONDITIONS FOR USE OF OUR SERVICE
The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles: The customer shall pay the fare (as agreed), parking charges, additional night 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 Dropon. The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
The Customer shall indemnify Company 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 Company 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 on the Company.
The Company 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 vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a mini-truck for the Customer.
The Company 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 Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify Dropon with respect to any expenses incurred with respect to such booking.
In case of lost items during the transit, Company 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. Dropon aggregates the vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made to Dropon. Further, in the event any payments from the User to Dropon are pending for the period prescribed by Dropon in its respective invoice / statement, Dropon reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to Dropon for the Services. Additionally, User(s) will be liable to indemnify Dropon against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.
Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles or Services of the Company.
The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it, of any complaints that you may have against the driver that you may have hired using the Company's Services.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.Dropon.delivery on the date that Company may indicate that such addition, variation or amendment is to come into effect.
All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website 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: All cancellations made 5 minutes after driver allocation will incur a cancellation fee of INR. 50/- (Indian Rupees Fifty only). Cancelling four bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change.
Toll Charges: In case of a toll on your trip, return toll fare will be charged.
Dropon provides the option to Customers to utilize Labour Services by clicking on the “Include Labour” toggle on the review screen of the website/App.
“Labour Services” means that the service provided by the labour wherein labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa, as the case may be.
“Labour” means the driver of the vehicle and the person accompanying him in the vehicle.
By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing the Labour Services, the Customer agrees to the following terms and conditions. These terms shall be applicable in addition to the terms and conditions applicable to the customers for hiring of vehicles:
User(s) shall not disclose any information received under the contract of service with Dropon to any third party. Access to any information which pertains to business of Dropon shall be kept confidential to the extent it might adversely impact Dropon's business. User(s) shall be liable to indemnify Dropon against any loss of business or reputation due to the act of the user(s).
All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles or Labour for loading/unloading of Consignment. Vehicles, drivers and Labour are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the Labour, drivers and the vehicles alike.
The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
The goods are not insured. Our rates do not include any charges towards insurance. But the customer should take insurance for goods being shipped. We do not offer this facility as of now. If the customer has taken an insurance for his shipment, the customer has to inform us that he / she wishes to lodge an insurance claim and the next steps as advised by his Insurer. If required we can help in the survey process initiated by the Insurer of the customer. We can provide a Certificate of Facts, which is an important document for claiming the insurance.
DROPON does not take any liability for the goods being shipped unless it is established with a conclusive evidence, that the damage or theft was due to reckless driving. Only in such cases, after the evidence is shared with us, as per law, the transporter's liability is restricted to the lower of:
unless a higher risk rate has been charged and agreed to be paid by the Customer. We do not charge a risk rate and our billable rates are purely a factor of utilization of the vehicle (distance + time) without factoring any of the insurable risks or the value of goods being transported. We accept the goods for shipments on said to contain basis. We would recommend to exercise extreme caution in case of transporting extremely fragile / flammable goods or goods which are prone to damage while transporting. If you have any doubts regarding the goods that may be transported on our platform, please refer to our Terms of service or may kindly get in touch with us on 079- 49169749.
YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your consignment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other Services irrespective of whether you have signed the front of our consignment note or not. 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.
DANGEROUS GOODS / SECURITY
If the receiver refuses to accept delivery, we will try to contact you and agree to the next action if it is appropriate. 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.
If user(s) terminates the agreement with Dropon with respect to any consignment, user(s) shall be liable to pay Dropon the entire fees and other expenses so incurred with respect to such consignment.
CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we 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 us pursuant to these Terms of Service
In accordance the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided, any grievances under the said Rules, may have relevance with respect to the said Rules, its treatment or any grievance related to Services being availed at DROPON, the request may be directed by the Authority under the said Rules, to such grievance officer or at the below mentioned coordinate:
MyZek Logistics Private Limited
Shop No. 418, Matrix Plaza, Opp. Umiya Timber
Vatva Industrial Estate, Daskroi, Ahmedabad,
Gujarat 382445, India
Email Id: firstname.lastname@example.org 079- 49169749
Time: Monday to Friday (10:30 a.m. to 6 p.m.)
For any queries or concerns regarding our Services, kindly email us at email@example.com.
The information contained in this website and Dropon App is for general information purposes only. The information is provided by Dropon 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 / App or the information, products, services, or related graphics contained on the website / 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 this website / App.
Through this website / App you are able to link to other websites which are not under the control of Dropon. 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, Dropon takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.