TERM & CONDITIONS
INTRODUCTION
USING THE MOBILE APPLICATION (TRUCK MITRA APP) INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Truck Mitra and Truck Mitra’s Entity Policies (including but not limited to Privacy Policy) available on the Truck Mitra website(s) and Truck Mitra’s App(s) as amended from time to time.
This document governs the use of the Mobile application (Truck Mitra App), content, products, and services (the “Services”) made available on the mobile application.
This document is an electronic record in terms of the Information Technology Act, 2000, and the rules thereunder, as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions form a legally enforceable binding contract (“Agreement”) between You and skyroadexpress private limited (“Truck Mitra/Company”), having its registered office at KH NO- 29/ 14 STREET NO- 1 BLOCK- G UTTRAKHAND ENLCAVE BURARI, NORTH DELHI, Delhi, India 110084.
By accepting these Terms & Conditions, You (“User”) agree and acknowledge that you have read the T&C’s set forth herein below and the Privacy Policy of the Company. In case you do not agree to these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the Truck Mitra app.
Truck Mitra may amend the terms and conditions and privacy policy at any time by posting an updated version on the Truck Mitra App. The updated version shall take effect immediately upon posting. It is Your responsibility to review the updated T&Cs for any changes. Your continued use of the Truck Mitra App following the posting of changes will mean that You accept and agree to the same. As long as You comply with the T&C’s, we grant You a personal, nonexclusive, non-transferable, limited, revocable right to enter, use, and avail the Services offered by Truck Mitra on the Truck Mitra App.
DEFINITIONS:
“Truck Mitra”, We”, “Us”, “Our”, “Company” – shall refer to skyroadexpress private limited and its Entities.
“You”, “Yours”, “Yourself”, “Truck Mitra User”, “Users” – refers to any non-registered individual or corporate body, or a registered user of Truck Mitra.
“Truck Mitra App” – The mobile application(s), hosted by Truck Mitra and its Entities for providing services to its users.
“Truck Mitra Website” – Shall refer to www.truckmitra.in, which is registered by Truck Mitra and used to communicate and inform users of its services, features, and terms.
“Truck Mitra Entities” – shall mean group, affiliates, associates, and subsidiaries of skyroadexpress private limited.
“Truck Mitra Services” – shall include all services extended by Truck Mitra and its entities, including but not limited to GPS load tracking via GPS, ETA (Estimated Time of Arrival), and dashboard analytics.
“Service Providers” – Refers to any individual or group whose services are used by Truck Mitra or its Entities to provide the intended Services to You through the Truck Mitra App.
“Business Partners” – Shall refer to any individual, group, or corporate entity with whom Truck Mitra or its Entities have a contractual relationship.
“Terms of use”/ “Terms and Conditions” – are used interchangeably and shall have the same meaning.
ELIGIBILITY:
By accessing Truck Mitra Services, You represent that:You are 18 years of age or older.
You are capable of entering into a legally binding agreement.
You have the right, authority, and capability to enter into this Agreement.
You are not barred or otherwise legally prohibited from accessing or using these services under the laws of India.
You are not impersonating any person or entity.
The mandatory information and document details provided by you are true, correct, and belong to You.
You own at least one Truck with a valid Registration Certificate, Pollution under Control Certificate, and all relevant Permits, Licenses, and Insurance as prescribed under the Motor Vehicles Act, 1988.
You have a valid & active Indian Mobile Number.
You have an active Bank Account in your name.
You have a smartphone.
Truck Mitra reserves the right to terminate your contract for any incorrect representation of the above conditions.
TRUCK MITRA SERVICES
Truck Mitra and its Entities provide services via the Truck Mitra App. You agree and acknowledge the terms of use for these services.Truck Mitra Account: This account is created when you register with Truck Mitra and allows you to access the Truck Mitra App and browse the Services. Access enables you to browse services, and to use any such Service, you may need to register for it by providing more information. Your account also allows you to share and maintain “Know Your Customer” (KYC) details for services such as:
o GPS load tracking via GPS
o ETA (Estimated Time of Arrival)
o Dashboard analytics
o Any other product/feature provided on the Truck Mitra app, subject to regulatory provisions.
To avail Truck Mitra Services, you need a compatible mobile device with an internet connection. You are required to update the Truck Mitra app as and when updates are available to continue availing Services. You are solely responsible for any charges from your mobile service provider. You agree that Truck Mitra may charge you a fee (such as a convenience fee) for the operation and maintenance of its platform, which will be displayed to you upfront.
SIGN-UP/REGISTRATION
The User must register on the Truck Mitra App by providing accurate and complete information (e.g., Name, Phone Number, Business Address, Truck Registration Certificate, PAN, etc.).
Your acceptance of these Terms & Conditions will be verified via an OTP sent to your mobile number. The Truck Mitra App will be activated only after you confirm the OTP and accept the terms.
The User has to register their Truck on the App. The Company, after verifying the Truck’s credentials, may permit the User to register the Truck on the mobile application.
You are responsible for obtaining and maintaining the equipment (modems, hardware, servers, etc.) and security needed to access the Services, including your account and passwords.
AFFIRMATIVE CONSENTS BY USER:
The User consents to the Company verifying the Truck’s credentials by sharing the details with third parties, including ‘Parivahan’, to check against records of transport authorities.
If the Company incurs any charges from Banks due to payments initiated by the User, the Company can deduct such charges from the User’s Truck Mitra App account.
The User understands that payments made to the Company’s account are not deposits or loans and no interest is payable on such monies.
The User understands that any unutilized money shall be refunded upon termination of this Agreement, subject to the adjustment of any charges, without any interest.
MISCELLANEOUS
Communication: Truck Mitra may communicate with you via emails, SMS, or push notifications. You agree that disruptions can occur due to factors beyond our control. You authorize Truck Mitra and its Entities to override DND settings to contact you regarding any service or offer.
Confidentiality: You shall not disclose any information received under the service contract to any third party. You are liable to indemnify Us against any loss of business or reputation due to your actions.
Intellectual Property Rights: All intellectual property rights related to the domain name, website, and mobile application shall vest with Truck Mitra or its entities. No part of any intellectual property rights is transferred to the User. Material on the website is for your personal, non-commercial use only and must not be copied, reproduced, or distributed without prior written consent.
Termination: Truck Mitra at its sole discretion may terminate your contract without prior notice if it is determined that You have violated the terms of use.
Limitation of Liability: In no event will Truck Mitra be liable for any indirect, consequential, incidental, special, or punitive damages arising from the use or inability to use the Services. Liability will not exceed the amount paid by You for using the Services or Rupees One Hundred (Rs. 100), whichever is less.
Indemnification: You shall indemnify and hold harmless Truck Mitra, its owner, affiliates, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to Your breach of these Terms of Use.
Force Majeure: A Force Majeure Event shall mean any event beyond the reasonable control of Truck Mitra, including but not limited to war, riots, fire, flood, acts of God, strikes, pandemics, or computer hacking.
Dispute, Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the Republic of India. The courts in Delhi shall have exclusive jurisdiction to adjudicate all matters arising in connection with your use of the Truck Mitra Services.
Disclaimers: Truck Mitra Services are provided “as is” and “as available”. We may add or remove features and functionalities from our Services at any time. Any content downloaded through our application is at your own discretion and risk. Truck Mitra makes no warranty that the services will be uninterrupted, timely, error-free, or meet your requirements.