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Terms & Conditions

Shipper Terms & Conditions (Last Updated On 1st April 2019)

These Shipper terms and conditions (“T&Cs”) apply to Your access to, and use of the Mavyn Application. The Application is operated by Arion Logistics Private Limited (hereinafter "ALPL").

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of these T&Cs, then please don’t use the Application or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND MAVYN IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE PLATFORM.

1. Definitions

All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

“Account” refers to the account created by the Shipper on the Application for availing the Services provided by Mavyn.

“Act” means the Motor Vehicle Act, 1988 and the rules made there under in the District of Operation and includes any amendment, modification or re-enactment of the same, or any other succeeding enactment for the time being in force.

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.

“Application” shall mean the mobile application “Mavyn” as may be updated by ALPL from time to time.

“District of Operation” shall mean a District in which the Shipper and Trucker avail and render the transportation services respectively.

“Driver”shall mean and include such individuals as may be evaluated, appointed and trained by the Trucker to provide the transportation services on behalf of the Trucker in accordance with the terms & conditions applicable to Trucker and Applicable Law.

“ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Shipper, provided by Mavyn before the commencement of the shipment, which shall change from time to time.

“ETT” shall mean the estimated travel time of the Shipment, provided by Mavyn during the Shipment, which shall change from time to time.

“Mavyn/ ALPL/ We/ Our/ Us” shall mean Arion Logistics Private Limited, a company registered under the Companies Act, 1956 and having its Registered office at 1st Floor, Chetak House, Old Delhi- Gurgaon Road, Kapashera Border, Delhi 110037.

“Platform” shall mean the technology platform “Mavyn”, available at www.Mavyn.in and the entire back end software designed, developed and controlled by Mavyn and used by You for availing the Services.

“Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Mavyn from the Shipper from time to time for registration on the Application.

“Shipment” shall mean the transportation of Goods in the Vehicle by the Trucker from the pick-up point to the drop point, facilitated through the Application.

“Service(s)” shall mean the facilitation of transportation service by Trucker through the Application, within the District of Operation.

"Shipper/You" shall mean any legal entity who intends/wants to transport/ship their goods from once place to another through Mavyn and who has an Account on the Application.

“Trucker” shall mean a legal entity who has an account on the portal and who has entered into a Vehicle hiring cum transportation agreement with ALPL for providing interstate service of transportation of goods to the Shipper within the District of Operation from the pick-up points to the drop points as communicated by the Shipper at the time of requesting the booking on the Application.

“Vehicle” shall mean a Commercial truck, trailer or as defined under the Motor Vehicles Act, 2016.

"You", “Your or “Yourself” shall mean reference to the Shipper accessing the Application.

2.Interpretation

(i) Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

(ii) Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

(iii) Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Mavyn will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

3.Eligibility
  • 3.1. You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

  • (i) You have attained at least 18 (eighteen) years of age.

  • (ii) You are competent to enter into a contract under the Applicable Laws.

  • If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

  • 3.2 You may avail the Services only if You fulfill the conditions as mentioned in Clause

  • 3.1. above. If You are not Eligible, please immediately abandon any and all attempts to register with Us and/or use Our Services.

  • 3.3 You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application is not Eligible to use the same.

4.Registration and Account

4.1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.

4.2. You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

4.3. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may suffer as a result of someone else using your password or Account, either with or without your knowledge.

4.4. We reserve the right to suspend or terminate your Account with immediate effect for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false or that the security of your Account has been compromised in any way, or for any other reason we may find just or equitable.

4.5. Except for the Registration Data or any other data submitted by you during the use of any other service offered through Site (“Permitted Information”), Mavyn do not want you to, send any confidential or proprietary information to Mavyn on the Site , unless otherwise required by Applicable Laws. In accepting these User Terms you agree that any information or materials that you as individuals acting on your behalf provide to ALPL other than the Permitted Information will not be considered confidential or proprietary.

4.6. It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if You do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

4.7. We allow you to open only one Account in association with the registration data provided by you. In case of any unauthorized use your Account please immediately reach us at support@mavyn.in/. or call us our help line number 9971219777.

4.8. In case, you are unable to access Your Account, please inform Us at support@mavyn.in and make a written request for blocking your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiry of 72 (seventy two) hours after you have made a request in writing for blocking your Account, and shall not have any liability in case of Force Majeure Event.

5.Services

5.1. The Site permits you to avail the transportation services offered by Mavyn. The Service allows You to send a request through Mavyn to a Trucker on the Mavyn App or Website. The Trucker has sole and complete discretion to accept or reject each request for Service. If the Trucker accepts a request, Mavyn notifies You and provides information regarding the driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Mavyn may determine.

5.2. Mavyn shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your District at the moment of Your request for such services.

5.3 You are aware that when requesting services, whether by message, via site or calling the call centre of Mavyn, standard messaging charges, data charges, voice charges, are applicable, according to your phone network service providers, will apply;

5.4. By using the Application or the Services, You further agree that:

(i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;

(ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization;

(iii) You will not use the Service or Site for unlawful purposes;

(iv) You will not try to harm the Service, Site or our network in any way whatsoever;

(v) You will provide Mavyn with such information and documents which Mavyn may reasonably request;

(vi) You will only use an authorized network to avail the Service;

(viii) You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or District in which You are present while using the Site or Service; and

(ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

5.5. Mavyn reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Mavyn will store the information provided by You or record your calls for contacting and quality trainig. You For all Service related matters. you shall promptly inform Mavyn on any change in the information provided by you.

5.6. Mavyn or an authorised representative of ALPL, shall provide information regarding services, discounts and promotions provided by Mavyn to you by via SMS or email and your registered mobile number/registered Email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time mail us at support@mavyn.in and discontinue the same.

5.7. MAVYN WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA OR THE COUNTRY WHERE YOU ARE LOCATED IN ORDER TO PERFORM MAVYN’S OBLIGATIONS UNDER THESE CUSTOMER T&C.

5.8. You agree to grant Mavyn a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT MAVYN TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.

5.9. Mavyn will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Mavyn jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

6.Use of Application

You agree, undertake and confirm that Your use of the Application shall be strictly governed by the following binding principles:

1. You may use the Platform/ Application for lawful purposes only.

2. You shall not host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which You do not have any right to; or that interferes with another user\'s use and enjoyment of the Platform/Application or any other individual\'s use and enjoyment of similar services; or

is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another\'s privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user.; or

is misleading in any way; or

is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or

infringes upon or violates any third party\'s rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person\'s name, email address, physical address or phone number)]; or

provides instructional information about illegal activities such as making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses; or

contains video, photographs, or images of another person without his or her express written consent and permission, or the permission or the consent of his her guardian in the case of a minor; or

tries to gain unauthorized access or exceeds the scope of authorized access to the Platform/Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform/ Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items; or

refers to any website or URL that, in Our sole opinion, contains material that is inappropriate for the Application, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or

is fraudulent or involve the sale of counterfeit or stolen items; or violates any law for the time being in force; or

deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application/Platform or any transaction being conducted on the Application/Platform; or

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

creates any liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve the right to bar any such activity.

You shall not copy, distribute or disclose any part of the Platform/Application in any medium.

You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform/Application.

You shall not take any action that imposes, or may impose, at Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure.

You shall not collect or harvest any personally identifiable information, including account names, from the Application.

You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content available on the Platform/ Application.

You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity.

You shall not interfere with the proper working of the Platform/Application.

You shall not bypass the measures We may use to prevent or restrict access to the Platform/Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform/Application or the content therein.

You shall not probe, scan or test the vulnerability of the Platform/Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Platform/Application. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform/Application, or any other Shipper of Mavyn, including any of Our account not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Platform/Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform/Application.

You shall not use the Services or the Platform/Application in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Platform/Application. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

You shall not reverse engineer, decompile and disassemble any software used to provide the Services.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Mavyn on Our Platform, or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform/Application) as necessary to satisfy the Applicable Law, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform/Application. We shall have the right to remove or edit any Content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or the spirit or letter of these T&Cs. Notwithstanding this right of Mavyn, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of the content and/or appearance of content on the Platform/Application. You hereby represent and warrant that You have all necessary rights in and to all content You provide and all the information it contains, and that such content shall not infringe any proprietary or other rights of third parties, and shall not contain any libelous, tortious, or otherwise unlawful information.

We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

7. Confirmation of Booking

You may download the Application on Your device for availing the Service and the Service shall be available only through the Application.

7.1. Mavyn shall, receiving the booking request from you in the manner set out above, proceed to confirm or decline the booking based on the availability of vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our help line number 9971219777.

7.2. You shall bear the consequences and pay damages for any delay that may be caused by You due to Your failure to check the confirmation SMS or email or failure to inform Mavyn of the incorrect details immediately.

8. Payment

8.1. Mavyn shall charge Freight to You for the shipment offered to You.

8.2. Mavyn shall charge Convenience Fee & other Charges as mentioned on the portal for the Service which shall be determined and amended at the sole and absolute discretion of Mavyn. The Convenience Fee & other Charges Charges shall and shall be informed to you and be payable by you to Mavyn

8.3. You shall be required to pay such additional Other Charges, which will form part of the receipt of the Total Freight Charges.

8.4. You shall be required to pay such Cancellation Charges in terms of Clause 7, which will form part of the receipt of the Total Freight Charges.

8.5. In addition to the Total Freight charges, You may be required to pay such other charges incurred by you during the Shipment through online transfer, cheque or cash, which are not included in the receipt of the Total Freight Charges.

8.6. The Total Freight Charges will be collected by Mavyn from You at the end of the shipment as set out in Clause 6.5.

8.7. Mavyn shall provide a receipt of the Total Freight Charges payable by You at the end of the Shipment, however, separate invoices shall be raised by the Mavyn for Additional Charges, Halting Charges etc.

8.8. All applicable taxes in respect of the Freight, Convenience Charges, Additional Charges, Cancellation Charges shall be borne and payable by You to the Mavyn, as the case may be.

8.9. You shall choose to pay for the Service Charges by either of the following three methods:

i. Cash Payment : Cash Payment shall be made at the time of booking the shipment, such cash amount shall be specified to you at the time of booking.

ii. Credit Payment: Payment for the Total freight Charges can be made to Mavyn on credit subject to the terms provided. When You choose to make an Mavyn Credit payment, Mavyn shall collect the Freight Charges for providing the transportation services.

8.10. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor.

9. Paycancellation Policyent

9.1. You agree and acknowledge that you may cancel Your request for a vehicle at any point of time subject to a levy of cancellation charges as mentioned in incentive and charges clause on the portal.

9.2. You shall be notified of the applicable Cancellation charges whenever you attempt to cancel a booking/service request. Mavyn shall raise separate invoices towards each such cancellation in accordance with charges mentioned at the portal for such cancellations and would provide You a receipt of the cancellation charges, i

9.3. The cancellation charges shall be payable by you at the completion of your subsequent shipment.

9.4. The mode of payment of the cancellation charges shall be Cash Only.

10. Paycancellation Policyent

10.1. You shall not misbehave with the driver or pressurize the driver to overload the Vehicle or act in violation of applicable Law. In the event you are found to be involved in the activities set out above, we shall also have the right to terminate the shipment and the Shipper may be blacklisted or terminated by Mavyn.

11. Customer Relationship Management

11.1. All issues, opinions, suggestions, questions and feedback while availing our services shall be communicated to us through email address as support@mavyn.in. In case of a Shipment booked on our Application, you shall be requested to give rating to the driver, vehicle and Mavyn, after its Shipment You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews about the Services.

11.2. Reporting of any issue needs to be highlighted within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.

11.3. Any issue reported on channels other than the above may be addressed by Mavyn only on a best-effort basis. Mavyn takes no liability for inability to get back on other channels.

11.4. Mavyn shall endeavour to respond to your issues within 2 (two) working days of your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Mavyn shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.

12. Prohibited Goods/Security

Company does not allow to carry, nor perform other services regarding, goods which are in our sole opinion Prohibited/Hazardous. 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. Company accepts consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). Company has 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.

13. Rejected Consignments

If the consignee refuses to accept delivery, theTrucker/Driver will try to contact user and take appropriate action to recover the cost of transportation and other charges like demurrages, warehousing, handling, forwarding, disposing of or returning the consignment or any other expense incurred thereon.

14. Software

Any software made available to work on this Site or on a Mobile device and/or to download information and resources from it (the "Software") is the exclusive property and copyrighted work of the Company and/or its associates. You are authorized to use this Software only for the purpose of visiting the Site, and/or downloading information, and resources from it or making necessary service bookings. You may use this Software for the aforementioned purpose only. Under no circumstances, you shall redistribute, restructure, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

14. Termination and Expiry of the Account

We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever. You can also terminate Your Account by submitting a request to Us at Support@Mavyn.in . We will make every effort to respond to Your request for termination at the earliest. Subject to Clause 3.8 above, You will remain responsible for all transactions that occurred prior to termination of Your Account

Disclaimers

Except for Our limited role as facilitator in providing You Shipment facility that You authorize or initiate, We are not involved in any underlying transaction between You, any other Shipper, s and/or other third party. . We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any service that You may avail using the Platform/Application. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis. We do not guarantee and do not promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, We do not warrant that:

  • The Platform/Application will be constantly available, or available at all; or

  • The information on the Platform/Application is complete, true, accurate or non-misleading; or

  • The Platform, Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or

  • Content on the Platform/Application constitutes, or is meant to constitute, advice of any kind;

  • Mavyn shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Shipper arising out of the use of of the service including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

  • The Shipment services, and any claim resulting from the same, while requested through the Application, remains the responsibility of the Truckers and Mavyn shall not be liable for any conduct of the Truckers. Mavyn encourages You to notify any complaints that You may have against any Trucker that You may have hired using the Platform/ Application.

  • All the Vehicles registered with Mavyn Platform are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that Mavyn does not own any Vehicles nor does it directly or indirectly employ any of the Drivers s for the Vehicles . Mavyn disclaims any and all liability in respect of the Drivers and the Vehicles/ alike.

  • The location data made available on the Application is basic is nature, and meant to provide guidance to Truckers only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Mavyn does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.

  • We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.

  • Mavyn and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Platform/Application, or Your reliance upon the Service or the information contained in the Application (whether arising from Mavyn or any other persons negligence or otherwise).

  • We do not warrant that Your use of the Platform, Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Platform/Application will be corrected, or that the Platform/Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Platform, Application or Services.

Privacy and Security
  • We will take every reasonable effort not to share any of trip details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You, or as per Our privacy policy. Please read Our privacy policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.

  • You acknowledge that the information made available by You on the Platform/Application, including location data, may be accessible to certain other users of the Platform/Application.

  • You hereby expressly consent to receive communications from Us through Your registered phone number and/or Original ID. You consent to be contacted by Us via phone calls and/or SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

  • You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Platform/Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being transferred/ sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

  • It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform/Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain Personal Information about You on the public forum due to Your use of the Platform/Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform/Application You acknowledge and agree that We shall not be responsible for the use of any Personal Information that You publicly disclose or share with others on the Platform/Application. Please carefully select the type of information that You publicly disclose or share with others on the Platform/Application, or from the Platform/Application on other social platforms (including Facebook etc).Force Majeure

  • We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

  • For the Purpose of this clause“Force Majeure Event”shall mean any event arising due to any cause beyond the reasonable control of Mavyn.

Waiver

Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

  • We reserve the right to change any of the T&Cs or any policies or guidelines governing the Platform, Application or Services, at any time and at Our sole discretion. Any changes will be effective upon posting of the revisions on the Platform/Application and We may send You an automated e-mail to Your Original ID informing about the changes made. You can see the date on which these T&Cs were last updated by referring to the legend ‘Last Updated on’ at the beginning of these T&Cs.

  • Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Platform/Application. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Platform/Application or using Our Services immediately.

  • We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates/ changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.Shipper Grievance Redressal PolicyIf You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact at  support@Mavyn.in

Severability

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

  • 13. Indemnity & Limitation of Liability

  • 1. You will defend, indemnify and hold harmless Mavyn, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services, Platform, Application or any viMavyntion of these T&Cs.

  • 2. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.

  • 3. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL Mavyn BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE T&Cs, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE PLATFORM, APPLICATION AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 1000/- (RUPESS ONE THOUSAND ONLY).

  • Users shall at their own risk and responsibility make use of this site and the internet generally. Under no circumstances, shall the Company or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory. Company believes that the entire content will be accurate, complete, and current, to the best of its knowledge and the Company does not make any warranty direct or indirect about the accuracy, completeness or currency of the content. As such, it remains users sole responsibility to verify any information before relying on it. users while using the services of the company which will be at the sole risk and responsibility of the user and the company does not accept any liability for any direct, special, indirect, or consequential damages or any damages whatsoever; theft during transit, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the Services or use of the same, under contract, tort or any other cause of action or legal theory. company on best effort basis will support the users/service providers and provide the necessary information in case of a litigation filed by the user against the service provider or vice-versa as the as may be. Company has the right to make alterations and modifications to any information incorporated within this site without giving any prior notice. Company reserves the right to alter any of the Terms of use without prior notice. Access to particular services on this website may be subject to additional or different terms and conditions, as stipulated by company from time to time. Continuous use of the website will be an acceptance of these terms and conditions by the users.

15. Law & Jurisdiction

Any software made available to work on this Site or on a Mobile device and/or to download information and resources from it (the "software") is the exclusive property and copyrighted work of the Company and/or its associates. You are authorized to use this software only for the purpose of visiting the site, and/or downloading information, and resources from it or making necessary service bookings. You may use this Software for the aforementioned purpose only. Under no circumstances, you shall redistribute, restructure, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.

Any dispute, controversy or claim arising out of or relating to this T&Cs or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Mavyn as Mavyn may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Shipper.

The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Delhi.

This T&Cs shall be governed by and construed in accordance with the laws of India and, subject to this Clause, We and You agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Delhi, India only.

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