In the below terms and conditions, the expression of the words will have the following meaning:
CONSIGNMENT means goods in bulk or contained in one parcel, package, or container, as the case may be, or any number of separate parcels, packages, or containers transported at one time in one load for the Sender from one destination to another.
Device means TOZATA DEVICE or Non- TAZATA Device, as the case maybe, used for performance of service.
Transport Service Provider means vehicle driver/(s) who is/are hired by TOZATA for the purpose(s) of transportation of Consignment/ commodities by duly listing himself and its vehicle through the portal as per the booking provided by TOZATA via service provider app.
TRANSPORTATION means the services of picking consignment/commodities from the pick-up point as prompted on the device and dropping the consignment/commodities at the drop point entered by the customer at the time of placing his/her Service Request and Accepted by the driver.
2.1 The Application allows You to send a request to make a booking for a transportation of consignment/commodities . Once You have made a request for our service:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) The Application will send your request to TOZATA
(iii) TOZATA will accept or decline Your booking based on the availability of Drivers at Your location, and inform You via an SMS, push notification or confirmation screen in the Application.
2.2 While TOZATA endeavours to connect You with a Driver , Your request for a is subject to the availability of a Driver around Your location at the time of Your request (and Drivers may accept or reject Your request for a Ride in their sole and absolute discretion).
2.3 Once your request for a transportation of consignment is accepted, TOZATA will provide:
(i) You with a booking confirmation through the Application, and information regarding the Driver (including the Driver’s name, Vehicle details (including registration number and model), mobile phone number, a picture of the Driver and any other details TOZATA considers appropriate); and
(ii) The Driver with Your details is necessary to enable the Driver to provide the service.
2.4 Along with the above services provided by TOZATA shall do the following :
(i) Keeping records of the bookings history;
(ii) Remotely monitor booked using the Application; and
(iii) Providing customer support for grievance redressal or lost properties.
2.5. While TOZATA requires each Driver to use all reasonable efforts to ensure their Vehicle arrives prior to Your requested pick-up time, You must book our servicers after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, You should contact the Driver assigned for Your Ride through the Application or by contacting TOZATA via In-App support or at its call centre, if available.
2.6. If a Vehicle breaks down or cannot complete the transport services, TOZATA will use all reasonable endeavours to arrange for a substitute vehicle to complete the Ride (which will become the “Vehicle” for the Ride) subject to availability of such a substitute vehicle. Any substitute vehicle may not be necessarily of the same type as the original Vehicle.
2.7. Except as expressly stated in these Customer Terms, the obligations of TOZATA are limited to (a) licensing the Application to You; (b) managing and operating the Application and Services in the manner reasonably determined by TOZATA; (c) operating an online booking platform facilitating the provision of transportation of consignment by Drivers to You (and other customers); and (d) payment collection in respect our services between Driver and You (and other customers), and the obligations of TOZATA are limited to: (a) managing and operating the booking functionality within the Application; and (b) providing Booking Services to You. Accordingly, TOZATA are merely intermediaries providing online marketplace services and the Application, Services and the Booking Services are only a platform where a Driver may offer transportation of goods to you (and other customers).
2.8. Transportation services are provided under a contract (the “Transportation Contract”) between you and the Driver for the provision of a specific transportation by the Driver to You. Neither TOZATA is a party to the Transportation Contract. At no time will TOZATA have any obligations or liabilities in respect of the Transportation Contract.
3.1. When your request for transportation of consignment is accepted, You must check the booking details on the booking confirmation TOZATA provides You, including the pick-up and delivery time and location (“Booking Confirmation”). If there are any incorrect details on the Booking Confirmation, You must contact TOZATA immediately by correcting Your booking details through the Application or by calling the call centre.
4.1. You will be charged and must pay the total transportation Fee for the Service, comprising the Fare, and any Additional Fee. TOZATA collects the Fare (plus any additional amounts and/or less any deductions agreed between TOZATA and the Driver) on behalf of the Driver.
The Services are provided within normal working hours of the Company, will be 24*7 from Monday to Saturday, excluding public holidays. Unless otherwise agreed by the Company upon payment of surcharges, the Company does not normally perform the Services on Sundays or any public holiday. Where the Services are not completed within the normal working hours on the dates stipulated in the quotation, the Company may upon the request of the Customer continue to perform the Services beyond the normal working hours for a surcharge or carry on the Services on subsequent dates to be agreed with the Customer at an extra charge.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement. These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and transport provide services in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of India].
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