Your Key To Our T&C's
Your use of the freightx.in website owned by Transitech Private Limited is subject to our Terms and Conditions of Use. For your convenience, we have put together a brief overview of some key points. However you must read our Full Terms and Conditions of Use (which appear below):
1. We're Freight Enablers
FreightX acts as a marketplace that allows shippers and carriers to enter into direct agreements for transport services.
All transport services facilitated through this website, will be supplied in accordance with the carrier’s terms of carriage. We are not a party to any agreement for the transport services, and are not involved in the negotiations or transactions for the transport services. We do not have any control over the delivery, quality or safety of the transport services, and we are not responsible for the agreements or any other legal aspects relevant to the transport services that are facilitated through our website.
We do take customer service very seriously. We monitor shipments and carriers daily to help you ship your goods reliably. We always verify carrier contact details and insurance information. We are free to add or remove carriers at our discretion.
2. No Dangerous Goods. No Exceptions.
We do not facilitate transport of dangerous goods. In short – a dangerous good is basically any item that cannot be shipped through the mail or a commercial carrier. A breach of this obligation is considered a serious offence, as well as a breach of legislation.
3. Our Contract.
We are looking forward to working with you, and are committed to making the process as transparent and simple as possible. During the sign up and delivery processes you will be prompted to confirm your understanding of our terms and conditions before you can continue with next steps. Please read our full terms and conditions carefully. By using our service you agree to these terms and conditions. Acceptance of our terms and conditions is fundamental to entering into an agreement to use our service – whether you are a shipper or carrier.
Our Terms and Conditions In Full
These Terms and Conditions are valid from Sep 3rd 2015 For the purposes of our terms and conditions:
- “we”, “us” or “our” means Transitech Private Limited, its directors, officers, employees and agents.
- “you” and “your” means the carrier, the shipper and other person acting on behalf of any such persons.
- “our website” means www.freightx.in or m.freightx.in
- “shipper” means the person requiring the transport services (including the shipper, consignee, the receiver of the goods, any person owning or accepting or entitled to possession of the goods) and any person acting on behalf of any such person.
- “carrier” means the person providing the transport services and any person acting on behalf of the carrier.
3.1. Application of these Terms and Conditions
These terms and conditions set out the terms on which we offer and provide access to our website, and the terms on which you use our website. By using our service you agree to these terms and conditions. Acceptance of our terms and conditions is fundamental to entering into an agreement to use our service – whether you are a shipper or carrier. We may change these terms and conditions at any time, and any changes will be effective from the date that the changed terms and conditions are posted to our website. By continuing to use the website you will be deemed to accept the updated terms and conditions and agree to be bound by them. These terms and conditions may not be modified, amended, and/or changed by you in any manner.
You agree that we may suspend or discontinue our website at any time, and without notice and without any liability or responsibility to you.
3.2. We Are Not a Transport Carrier, Freight Forwarder or Broker
Our website acts as a “neutral venue” where shippers and carriers can meet and enter into agreements for transport services. We do not supply transport services, nor do we act as a freight forwarder or broker.
All transport services that may be facilitated through this website, will be supplied in accordance with the carrier’s terms of carriage.
We are not a party to any agreement for the transport services, and are not involved in the negotiations or transactions for the transport services. Other than may be required by law, we do not have any control over the delivery, quality or safety of the transport services, and we are not responsible for the agreements or any other legal aspects relevant to the transport services that are facilitated through our website.
You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations made with regard to the transport services, are not provided by us and are specifically and solely between you and the other shipper or carrier. Because we are not involved in the actual transaction between shippers and carriers, we have no control over the accuracy of listings, the ability of carriers to transport items, or the ability of shippers to send items and make payment. We cannot ensure that a shipper or carrier will actually complete a shipment.
3.3. Usage Restricted to Individuals Who Can Form Legally Binding Contracts
You acknowledge that you are at least 18 years of age. If you are registering as a business entity, you represent that you have the authority to accept these terms and conditions for and on behalf of the business entity.
If you are a carrier, you must have a valid license to operate the vehicle(s) you intend to use. You agree that you will not use our website as a means to transport any illegal products, substances or services. Doing so will result in us reporting this activity to the relevant policing and other investigating and government authorities. We reserve the right to disclose all personal and company data to these authorities should they request this data under applicable law.
There are currently no fees to join our website. For freight bookings facilitated by our website, we charge a transaction booking fee which is included in the price displayed to shippers when they obtain a quote. The accepted price must be paid by the shipper at the time of booking unless other payment terms have been previously agreed in writing. Unless otherwise stated, all carriers’ fee schedules are in Indian rupees (INR). We may change our fees at our discretion.
If you are a shipper, you are solely responsible for paying the accepted price as well as all applicable taxes, duties, costs, fines or penalties related to the goods or their transport. You are responsible for all actions taken with your username and password, including fees.
3.5. Cancellations and Changes
You must notify us of your intention to cancel or change a booking1 hour prior to the scheduled pick-up time. If your request is disputed by the other party, then the request will be sent to us and a determination will be made on allowing or not allowing the cancellation. Our determination will be final.
You agree and acknowledge that your acceptance of these terms and conditions and/or your use of our website does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
Shippers, by using our website you are entering into an agreement with the carrier and you will be bound by the terms and conditions of carriage of the carrier. The terms and conditions of carriage will be provided by the carrier to you for acceptance at the time of quotation. You accept the carrier’s terms and conditions, unless the transaction is prohibited by law or by these terms and conditions. Your acceptance of a quotation provided by the carrier is not retractable unless: (1) the carrier materially changes the quote details after your acceptance; (2) a typographical error is made. Quotations are offered on the basis of the details that you provide. If the goods do not conform to the details you have provided in any way the carrier reserves the right to refuse to accept the goods for transport without liability to you. The carrier may inspect the goods before accepting them for carriage. We recommend that you do not seal any package before inspection by the carrier. IMPORTANT: We do not screen or qualify carriers for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the carrier before services are rendered by the carrier. We reserve the right to substitute the carrier you have selected if we have reasonable grounds to believe the carrier will be unable to render the services they have advertised at the agreed price. Should this occur we will provide you with the details of the substitute carrier and a revised quotation from another carrier. You will have the right to accept the revised quotation or to cancel the transaction without penalty.
We include Goods in Transit Insurance up to the value of Rs. 10,000/- on every shipment. Some items cannot be covered.
You must take all reasonable precautions to prevent loss or damage to the goods insured in transit. This includes packing goods so that they can withstand being dropped or tipped over, being impacted by other heavy items whilst in transit, being forklifted on and off vehicles.
Please send photos of your packed items if you are in doubt.
In some circumstances we may enter into the contract of carriage with the carrier as your agent. In those circumstances, you authorise and instruct us to enter into the contract of carriage as your agent and you agree to be bound by the terms and conditions of the carrier. The terms and conditions of the carrier will be disclosed to you at the time the quotation is presented to you for acceptance.
3.8. Prohibited and Restricted Items: Hazardous or Dangerous Goods
Prohibited Items: These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed to be listed for carriage on our website. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed for carriage on our website provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law and any occupational health and safety legislation. For details on particular hazardous substances and transportation requirements in India, please consult your local postal authority and/or regulatory agency.
Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted or perishable by Indian authorities which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are allowed to be listed for carriage on our website. Full responsibility rests with the shipper to comply with all postal and other laws and regulations that relate to the carriage of hazardous, restricted and perishable material. Any person who sends, or causes to be sent, an improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified under Indian law.
Carriers, you must legally be able to transport the shipments you quote on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our site. This must include your standard terms and conditions of carriage. You acknowledge that our website exists for shippers to make a fully informed decision about your quotes, service offering, policies and procedures. Every quote submitted must include all charges including any taxes or fees. In the event, that you charge “extra fees” we reserve the right to suspend or cancel your account at our sole discretion. Your quote may only include content relevant to the description of your transportation services. If you quote on any shipment and your quote is accepted by the shipper, you are obligated to perform the services offered in your quote at the accepted price.. You may refuse to transport the goods at any time without liability to the shipper if they are not as described by the shipper and to transport the goods would contravene Indian Law. If the shipper has misrepresented the weight or dimensions of the goods you have the right to revise or withdraw your quotation at any time.
Prior to accepting any shipments you agree to providing us your terms and conditions.
We pay carriers in accordance with your terms and conditions unless agreed otherwise in writing.
Subject to applicable law, we reserve the right to keep all records of your use of our website, including any and all transactions and communications between you and other shippers or carriers. You solely are responsible for any information you provide to us or other users in the registration, or transportation process. Your personal information and any shipment listings must be complete and accurate. You may not provide contact information to other shippers or carriers for the purpose of bypassing our booking fees. You authorise us to use the information you supply to us in connection with your use of our website. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we reserve the right to remove or restrict any communication at our discretion. You expressly represent and warrant the following: you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website to only that extent, you allow us to use your communication, content and/or information and not violate your rights in the same. You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
- Will not violate any international, federal or state law, regulation, rule, or statute
- Will not violate these terms and conditions
- Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trade mark rights
- Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about us, other shippers or carriers or the marketplace itself
- Will not scan or test the vulnerability or security of our website or the system within which it operates
- Will not be used for commercial or public purposes outside of a requirement of these terms and conditions
- Will not create liability for us in any manner whatsoever
- Will not frame or link to our website without our written permission
- Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all and indemnify us in respect of all claims, demands, liability, loss and damage (direct or indirect), costs, expenses and penalties of any kind incurred as a result of any of your online communication or distribution of information. We recommend that you not disclose your FreightExchange.com.au password or any account sensitive information to any third parties.
3.11. Right to Reject or Remove Shippers or Carriers
We reserve the absolute right to reject your participation, or remove you from your current participation, in our website at any time and for any reason or for no reason and without notice to you.
We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by these terms and conditions. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the performance of these terms and conditions. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
3.13. No Warranty
To the maximum extent permitted by law, we do not represent or warrant that the content on our website is accurate, reliable, suitable, or complete. In particular, although we use reasonable care and skill in providing our website, we cannot promise that our website will be continuously available or virus or fault free. These terms and conditions exclude all warranties and guarantees with regard to participation in and use of our website, including all implied warranties and guarantees, except as may be expressly set out in these terms and any warranties that cannot be excluded at law (including the Indian Consumer Law).
3.14. Release of Liability and Indemnity
To the full extent permitted by law, you release us from, and indemnify us in respect of, all claims, demands, liability, loss and damage howsoever caused (direct, indirect or consequential), costs (including legal costs), expenses and penalties of any kind arising out of or in any way connected with your use of our website or the transport services obtained or supplied through it. Each indemnity is a continuing indemnity and will constitute a separate and independent obligation of the party giving the indemnity from its other obligations.
3.15. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, your listing and the packaging and carriage of the goods.
3.16. Intellectual Property Notice
All copyright and other intellectual property rights subsisting in our website and the material on our website (including, without limitation, the software, design, text and graphics comprised in or website and the selection and layout of our website) is owned or licensed by us and protected by the laws of India and other countries. You are authorised to view our website and its contents using your web browser and share your information by using our services. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on our website, including audio and video excerpts, except as permitted by statute or with our prior written consent. Our website includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word TRANSITECH PRIVATE LIMITED. You may not use the name ‘Transitech Private Limited’ orFreightXor any of our trademarks without our prior written consent.
You shall not use or register any domain name that includes the words ‘Transitech Private Limited’ or www.freightx.in or is otherwise identical to or similar to any of our trademarks.
3.17. Governing Law
THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF Tamil Nadu, INDIA.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. The section headings used herein are for convenience only and shall not be given any legal import.