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", "Carrier", “cityxfer” shall refer to TECH TARU LABS PVT LTD (owner of the website), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
“You”, “your”, “consignor” 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. "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment. "Consignment" means any package, parcel, satchel, or freight which is or are given to and accepted by us for carriage under our Consignment Note.
“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 Carriage of which is prohibited by any law, rule or regulation of India. “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by cityxfer. The Services provided by cityxfer is a technology based service which enables the hiring and sharing of mini-trucks by customers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices. Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
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 cityxfer 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).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.
cityxfer may change, modify, amend, or update this agreement from time to time 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.
Cityxfer 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 cityxfer, its affiliates or licensor's of Cityxfer content, as the case may be.
All rights, not otherwise claimed under this agreement or by cityxfer.com, 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. cityxfer 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 cityxfer 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 socit 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 website.
All content on this web site is the copyright of cityxfer except the third party content and link to third party web site on our website.
Systematic retrieval of cityxfer 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 cityxfer 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 cityxfer's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. cityxfer reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the cityxfer service, or if cityxfer believes that user(s) conduct is harmful to the interests of cityxferr, its affiliates, or other users, or for any other reason in cityxfer's sole discretion, with or without cause.
Links to third party sites are provided by web site as a convenience to user(s) and cityxfer has not have any control over such sites i.e content and resources provided by them.
cityxfer may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. cityxfer believes that user(s) acknowledge that cityxferr has no control over such third party's site, does not monitor such sites, and Cityxfer shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
You understand and agree that, in cityxfer's sole discretion, and without prior notice, cityxfer may terminate or suspend your access to the Site, and cityxfer may exercise any other remedy available and remove any User Information, if cityxfer believes that your use of the Site and/or any User Materials you pide (a) violate (i) this User Agreement, (ii) the rights of cityxfer, its affiliates or licensors, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate, or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not be an adequate remedy to cityxfer for violations of this User Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that cityxfer post a bond.
The Company may change, modify, amend, or update this agreement from time to time 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 continued use of the Site after the posting of any amended User Agreement shall constitute your agreement to be bound by any such changes. Cityxfer may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Agreement will be governed by and construed in accordance with the laws of India. The courts of Bangalore will have exclusive jurisdiction to decide any dispute that arises out of this agreement. If for any reason a court of competent jurisdiction finds any provision of this User Agreement illegal, invalid or otherwise unenforceable, such provision shall be severed and the entire agreement shall not fail on account thereof, the other terms of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this User Agreement will continue in full force and effect. Failure by Cityxfer to enforce any provision of this User Agreement will not be deemed a waiver of future enforcement of that or any other provision of this User Agreement. The User Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this User Agreement, nor any terms or conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
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.
The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring and sharing of mini-trucks:
The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
Pressurizing the driver to overload truck with the consignment than the allowed limit.
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 mini-truck 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 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 done by the Customer.
In case of lost items inside the Company during the journey, 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 to the same.
Any complaint in respect of the Services or the use of the mini-truck, the Customer has to inform Company of the same in writing within 24hours of using the mini-truck or the Services of Company.
The Company shall not be liable for any conduct of the drivers of the mini-trucks. However, the Company encourgaes 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.cityxfer.com 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.
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.
You warrant, undertake and guarantee to us:
Without prejudice to the above, the Company makes no representation or warranties that:
We are not liable if we do not fulfill any obligations towards you at all as a result of:
Circumstances beyond our control such as (but not limited to):
Your acts or omissions or those of third parties such as:
* Dangerous Goods
We do not carry, nor perform other services regarding, goods which are in our sole opinion 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, Dangerous Goods.
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 the appropriate next action. 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.
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.
The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and cityxfer with respect to access to and use of the web site and the Services offerred by cityxfer, superseding any prior written or oral agreements in relation to the same subject matter herein.
The information contained in this website is for general information purposes only. The information is provided by Cityxfer and while we endeavor 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.
All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Company does not own any mini-truck nor does it directly or indirectly employ any drivers for the vehicle. Mini-trucks and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the mini-trucks alike.
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.
Through this website you are able to link to other websites which are not under the control of Cityxfer. 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 website up and running smoothly. However, Cityxfer takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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 courts of Bangalore, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.