Bookcargo Terms & Conditions for Usage :

Bookcargo is a technology based mobile application designed to facilitate the booking of vehicles for point to point transportation of goods within the service areas of Bookcargo with the service charge/cost governed by the distance covered between pickup and drop points by the route taken and time taken for the whole trip or based on a pre-agreed fare. By downloading and/or using our application the user agrees with the following terms and conditions of Bookcargo.

 

1. DEFINITIONS :

 

1. “BOOKCARGO”, “COMPANY”, “OUR”, “WE”, “US” shall refer to Blackpixel Technologies Private Limited, its operator(s), employee(s) and agent(s) who carry out/perform/help in performing the services provided by it.
2. “USER”, “YOU”, “YOUR”, “CUSTOMER” shall refer to the user of the application who uses our services for booking vehicles.
3. “DRIVER” shall refer to the driver/owner/franchise/firm/organisation/company whose vehicle may be, is being or has been hired for use of our services by the user.
4. “VEHICLE” refers to the vehicle that shall be used to transport goods.
5. “GOODS” refers to the good(s), parcel(s), freight(s), box(es), etc. which need to be transported while using our services.
6. “RECEIVER”, “CONSIGNEE” refers to the person who is liable to take the delivery of the goods.
7. Any term not defined in these Terms & Conditions shall have a meaning as is commonly understood in India and within the spirit of these Terms & Conditions.

 

2. ELIGIBILITY :

 

Any individual/firm/company/organisation that legally lives/operates its business can be considered eligible for using the services of Bookcargo. User(s) must not be minor as per Laws. Bookcargo may at its sole discretion refuse the provision of services or cancel registration for its service to anyone at any time with or without any reason and it shall not be responsible/liable for consequences/effects after such actions.

 

3. AGREEMENT :

 

These terms of use apply to all its user(s), their representatives, legal entities who are represented by the user or represent the user.

It is the User(s) responsibility/liability to comply with all state laws, rules, acts, codes and all statues. Bookcargo shall not be responsible/liable under any condition/situation if user does not comply with the same.

 

4. AMENDMENTS :

 

Bookcargo may at its sole discretion change, amend, update these terms & conditions from time to time without any prior notice to anyone and all the changes, amendments and restatements shall be effective immediately from the time of updation. Users are hereby requested to regularly check these terms & conditions. If the User does not agree with the updated terms and conditions, he/she may stop the use of our services. If the User continues to use the services further, then he/she automatically agrees to the updated terms and conditions. Also Bookcargo shall not be bound to notify Users about such amendment(s).

 

5. FARE CALCULATION AND PAYMENT :

 

The fare shall be calculated on the basis of the following points :

 

1. The distance covered between pickup and drop points by the route taken, i.e. the actual distance that the vehicle covers during the trip.
2. Time taken for the whole trip from the time when the trip starts to the time when the goods are completely unloaded at the drop point. The user is liable for all loading/unloading time charges. (Bookcargo shall initiate the trip starting time from the moment when driver clicks on start trip in the driver app and the trip end should be considered when the driver clicks on end trip in the driver mobile application. The total trip time shall be the time between these two specified actions.)
3. The fare that is displayed at the end of the trip shall be bounding and the user/receiver is liable to pay the complete amount immediately as the trip ends.
4. In case of toll charges, up-down (entry/return) fare will be charged as per the toll receipt.
5. Bookcargo reserves the right to increase/decrease the fares and change/amend the parameters on its sole discretion and this shall be bound to the customer(s) and driver(s). The user must properly check the estimated price displayed before booking. However, the price at the end of trip may change and shall be final according to price governing parameters whatsoever including but not limited to, if the route covered is longer or the duration increases due to traffic, peak time/night time charges or any other reason.
6. Under circumstances out of control of Bookcargo, such as technical glitches, third party network issues, if there is any discrepancy in the final fare, etc. Bookcargo shall not be held liable under such situations.
7. Fare figures can be changed anytime on the sole discretion of Bookcargo without any prior notice.
8. When trips are performed in bidding mode, the fare is fixed at the bidding price quoted by the Driver and accepted by the User.

 

6. GENERAL TERMS & CONDITIONS :

 

The following terms and conditions apply to all the users who wish to use our services. Bookcargo shall not be liable/responsible under any conditions if the user does not abide by these conditions.

 

1. The customer has read and agreed to all the terms and conditions of these terms of use and also assures that he/she is eligible according to the eligibility criteria mentioned in clause 2.
2. The user agrees to pay the fare, GST, parking charges, toll charges and any other charges or fee or taxes imposed by the law or which is required to be paid for use of our services.
3. Bookcargo is hereby authorised to use the location based information provided by any of the telecommunication companies/devices or similar technologies when the User  uses the application to make a vehicle booking or while the application is active. The location based information will be used to facilitate and improve our services and also increase the chances of locating a vehicle within range for the User.
4. Any complaint regarding the Services, the User has to inform Bookcargo of the same in writing within 24 hours of using the Services of Bookcargo. However, Bookcargo has sole discretion if it needs to convey/inform the user about any further communications or actions taken by Bookcargo for such reporting(s).
5. Loading and Unloading of goods : The costs and fares provided by us do not include loading and unloading labour costs. Bookcargo only provides services for facilitation of vehicle hiring by aggregation of User and Driver. Loading and unloading of goods will be the liability of the user/receiver at his/her own expenses/costs and risks. The driver may at his own discretion help in the loading or unloading and any damage incurred while this process shall not be the liability of Bookcargo. Also, the user must ensure that the vehicle or any of its parts/materials are not damaged during loading and unloading of their goods. Any damage incurred to the vehicle during this process by the user or its associates/employees/staff shall be recovered from the user. Any damage incurred to the goods, vehicle and/or the premises at any time shall not be the liability of Bookcargo.
6. The customer shall ensure that he/she will not indulge in soiling or damaging the body and/or any other interiors of the vehicles and or misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
7. The user must not ask the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver also has the right to refuse such a request by the user and may also refuse such a pick-up.
8. The user must not load more than the permitted limit and must also not force the driver to do so.
9. Bookcargo retains the right to cancel/refuse/terminate the booking by any user at any time with or without giving any reason for it. User(s) shall indemnify Bookcargo with respect to any expenses suffered by Bookcargo with respect to such booking.
10. Bookcargo has strictly informed the drivers associated with it that they shall behave politely with the users and we try our best to avoid any misconducts by the drivers. However if such incidents occur, Bookcargo shall not be liable for any conduct of the drivers of the vehicles. Also, Bookcargo encourages you to inform us about any complaints that you may have against the driver that you may have hired using the Company's Services. However, Bookcargo has sole discretion if it needs to convey/inform the user about any further communications or actions taken by Bookcargo for such reporting(s).
11. The Company shall be entitled to add to, vary, amend or restate 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 Company's website (www.bookcargo.in) on the date that Company may indicate that such addition, variation or amendment is to come into effect.
12. The rights to change/amend the URL/domain of Bookcargo’s website or brand name shall lie in the hands of Bookcargo with sole discretion and the user shall abide by the same.
13. All the calls made to the Company's customer care or Driver may be recorded by the Company for quality and training purposes. In the event the User place a query on our app/website /email including query with respect to our Services, applicable fees or terms of Service, the User 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 and agree 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.
14. Bookcargo will never call/text/email/etc. the user/driver/anyone to ask his/her personal/private informations including but not limited to : login credentials/credit card/debit card/net banking information/credentials of any email/OTP/etc. If the user/driver/anyone receives such a call, Bookcargo encourages the receiver to immediately disconnect it and report respective government department regarding such incidents. Bookcargo shall not be liable/responsible under any conditions if the user/driver/anyone provides/conveys such informations on any medium of communication and suffers any sort of damage/loss/injury/expenses/etc.
15. Cancellations : All cancellations made after 5 minutes of driver allocation will incur a cancellation fee of Rs 50. Cancelling four or more bookings in a day after driver allocation may temporarily suspend your account for 24 hours. Figures are subject to change without prior notice.
16. User hereby undertake that User shall not permit any other person who has an interest in the goods to bring a claim or action against Bookcargo arising out of Carriage even though Bookcargo may have been negligent or in default and if a claim or action is made, User will indemnify Bookcargo against the consequences of the claim or action and the costs and expenses Bookcargo incurs in defending it.
17. 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.
18. 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) claims, demands, actions, proceedings, etc. on a full indemnity basis, 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.
19. Bookcargo 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. Bookcargo 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 Bookcargo and/or other visitors to the web site. Bookcargo 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 or charges without prior notice.

 

7. FRAUDULENT PRACTICES :

 

1. The user must not indulge in any fraudulent practices intentionally or unintentionally that lead to or may lead to loss/defamation/harm/damage to Bookcargo. Bookcargo may take strict actions against such user(s) and may also begin legal proceedings against them and the user agrees 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 booking that contravenes any of your obligations.
2. The user, driver or anyone must not try or perform hacking, sabotaging, misusing, etc. the Company’s software(s), mobile application(s), database(s), server(s), etc. for any reason whatsoever. Bookcargo shall take strict legal actions if the someone tries to or performs such actions and the person and his/her associates involved in the act shall be liable to indemnify Bookcargo against all the losses of business, money and/or reputation due to such act.

 

8. INSURANCE :

 

Our rates do not include any charges towards insurance of the goods. But we recommend that the customer should take insurance for goods being shipped. Insurance and safety of goods will not be our or driver’s liability.

Bookcargo also does not have any liabilities/obligations if an accident occurs during the booking leading to any harm to the goods and/or premises/persons of the user causing temporary/permanent/partial disability/disease or death.

 

9. PENALTY :

 

Bookcargo may impose penalty at any time if the user breaches any condition(s) of this agreement. The user is bound to pay the imposed penalty within the indicated time.

 

10. PAYMENT :

 

1. The user is responsible for proper and correct payment of money. The fare calculated /indicated in the end of the trip shall be bounding and the customer is liable to pay the same.
2. Further, in the event any payments from the User to Bookcargo are pending for the period prescribed by Bookcargo in its respective invoice, Bookcargo reserves the right to exercise particular lien over the goods till full payment is made to Bookcargo for its services. Additionally, User(s) will be liable to indemnify Bookcargo against any loss, damage or expenses incurred by us due to the custody of the goods during this period.

 

11. USER OBLIGATIONS :

 

The User undertakes and guarantees to Bookcargo that :

 

1. The contents of the booking are not Prohibited Items and/or are not restricted by the applicable regulations and that the User will only supply any Dangerous Goods when declaration is available that is needed, properly and accurately in accordance with all applicable laws, rules and regulations and neither the User nor the consignee is a person or organisation with whom Bookcargo or the User may not legally trade under any applicable laws or regulations.
2. That all statements/informations/documents provided by the User relating to the booking will be true and correct and the User acknowledges that in the event that the User makes untrue or fraudulent statements about the booking or any of its contents, the User would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale of the goods. The User agrees to indemnify Bookcargo and hold it harmless from any claims that may be brought against it arising from the information you provide to it and any costs Bookcargo will incur regarding this, and pay any administration fee Bookcargo may charge the User for providing the services described in this condition.
3. Bookcargo is authorised to deliver the goods at the address mentioned/communicated for the drop point. Provision of the end trip OTP to the driver means that the user has successfully unloaded and received the goods.
4. All applicable laws and regulations have been complied with by the User.
5. 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 booking that contravenes any of your obligations.
6. Bookcargo is not liable if it does not fulfil any obligations towards the User at all as a result of circumstances beyond its control such as (but not limited to) :

1. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
2. Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, pandemic, or civil commotions.
3. National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
4. Latent defects or inherent vice in the contents of the booking.
5. Criminal acts of third parties such as theft and arson.

 

12. DELIVERY REJECTION :

 

1. If the receiver refuses to accept delivery, driver will try to contact the User and communicate for the appropriate next action. The User agrees to pay Bookcargo any costs we incur in forwarding, disposing or returning the goods and our charges (if any) for the agreed appropriate next action.
2. If user terminates the agreement with Bookcargo with respect to any booking, user shall be liable to pay Bookcargo the entire fees and other expenses so incurred with respect to such booking.

 

13. VEHICLE BREAKDOWN :

 

Bookcargo is not liable under any conditions if vehicle breakdown occurs or the vehicle is unable to function due to any reason whatsoever. The vehicles are outsourced on contract basis and Bookcargo does not handle maintenance of the same. If any such incident occurs during the ride, the user shall arrange for unloading and collecting the goods form driver at the users own costs.

 

14. CONFIDENTIALITY :

 

User(s) shall not disclose any information received under the contract of service with Bookcargo to any third party. Access to any information which pertains to business of Bookcargo shall be kept confidential to the extent it might adversely impact Bookcargo’s business. User(s) shall be liable to indemnify Bookcargo against any loss of business or reputation due to the act of the user(s).

 

15. GST/VAT (Indirect taxes, etc.) :

 

1. GST/VAT and other indirect taxes as applicable from time to time, will be levied on the Invoice.
2. Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.

 

16. PROHIBITED/RESTRICTED/DANGEROUS GOODS :

 

1. Bookcargo does not carry, nor perform other services regarding, goods which are in our sole opinion Prohibited/Restricted/Dangerous Goods 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 such Goods. The User undertakes that he/she shall not book our services for such type of goods.

 

17. PROCESS FOR CASES OF DAMAGE/LOSS/THEFT OF GOODS :

 

1. In case of lost items inside the vehicle during the journey, Bookcargo will try to locate the items on a "best-effort" basis but Bookcargo is not responsible for it in case of loss, theft or damage to such item. Bookcargo aggregates and outsources vehicles and drivers for the purposes of providing services. In the event of loss of any item, User(s) does not have any right to withhold the payment to be made towards Bookcargo. Further, in the event any payments from the User to Bookcargo are pending for the period prescribed by Bookcargo in its respective invoice, Bookcargo reserves the right to exercise particular lien over the goods till full payment is made to Bookcargo for its services. Additionally, User(s) will be liable to indemnify Bookcargo against any loss, damage or expenses incurred by us due to the custody of the goods during this period.
2. If the customer has taken insurance for his shipment, the customer has to inform us that he/she wishes to lodge an insurance claim and he/she should follow the next steps as advised by his Insurer. If required we may try to help in the survey process initiated by the Insurer of the customer as per our viability.

 

18. REFUNDS/CANCELLATION OF PAYMENT :

 

1. Payments made for wallet recharge are maintained in your wallet balance and are adjusted for ride fare payments. Wallet recharges are meant to be used only for ride payments of the particular user and aren’t allowed to be transferred to other users or accounts. However, in exceptional cases such as request for withdrawal from wallet, you may contact us at support@bookcargo.in for assistance.
2. Payments in our application are handled by third party service providers. In case of cancelled/failed payments, such amount shall be returned by the third party service provider to the original payment method attempted by the user.

 

19. DISCLAIMER :

 

1. All vehicles registered with us may be continuously tracked using mobile technology for facility provision and security reasons only.
2. The Company has rights to use the customer contact information for its own marketing purposes.
3. The Company may send regular SMS updates to the mobile numbers and email available with it.
4. The laws of India shall govern the validity and interpretation of the conditions hereof and the performance by the parties hereto of their respective duties and obligations.
5. The courts of Raipur, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by us and/or the terms and conditions of use and/or the agreement and/or arrangement between us and the Customer.
6. Through this website the User(s) may be able to link to other websites which are not under the control of Bookcargo. 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 and Bookcargo does not take any responsibility about such third party sites.
7. Bookcargo will not be liable in any condition and case for any direct or indirect loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
8. The information contained in this website is for general information purposes only. The information is provided by Bookcargo 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 or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9. All vehicles registered with the Company may be continuously tracked using mobile technology for service facilitation and security reasons only. It is expressly made clear to you hereby that Bookcargo does not own any vehicle nor does it directly employ any drivers for the vehicle. Vehicles and drivers are all supplied by third parties and Bookcargo disclaims any and all liability in respect of the drivers and the vehicles alike.
10. Any glitches, faults or bugs found/detected in the applications or system are completely unintentional and are deeply regretted. Bookcargo shall not be responsible for any such occurrences/instances including but not limited to any glitches, faults or bugs found/detected in the applications or system. Bookcargo is continuously working to enhance the user and driver experience, increase and improve its facilities and Bookcargo hopes to receive your cooperation in the same.