Terms & Conditions

These terms of services were last modified on 14th October 2021.

Welcome to GREENCAR, an app based contract carriage service offered and operated by Sajong Greencar. The GREENCAR app that enables the customers to hire contract goods carriage vehicles and bikes to move goods and other consignments.

The terms “we”, “company”, and “us” refers to Sajong Greencar and its affiliates and any successor entity, and the term “you”, “user”, “customer”, “partner”, “driver” refers to you, the user of the GREENCAR Driver app.

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms and Conditions together with the Privacy Policy, apply to customers who access the Service or use our platform.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Services in our website/app by notifying customers at our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify customers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of the Agreement.

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

USE OF THE SERVICE

Use of the Service is permitted only by individuals or business entities/organizations who can form legally binding contracts under applicable Indian law. The Service to an individual is offered only if he/she is 18 years of age or older and resides in India. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.

GREENCAR is not responsible for the possible consequences caused by or to your behaviour / acts during use of the app. GREENCAR may, in its sole discretion, refuse the service to anyone at any time.

IT IS AGREED AS FOLLOWS:

These Conditions of Service agreement shall apply between Sajong Greencar and the user (whether paid or free), whose name and address is set out in the Account Application Form of GREENCAR app and shall apply to the provision of the Services undertaken by us for you during the continuance of this Agreement. This agreement applies to all GREENCAR Services offered on the app/website, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by user(s).

AMENDMENT TO USER(S) AGREEMENT

GREENCAR may change, modify, amend, or update this agreement from time to time with or 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. User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

The trademark ‘GREENCAR’ is a trademark owned by Sajong Greencar. This trademark should not be used in connection with any other product or service. Any unauthorized copying, modification, use or publication of these marks is strictly prohibited. The Company is the sole owner or lawful licensee of all the rights to the website/app and its content. The contents in the app and website are copyright of the company. Users/Visitors of the website/app merely by using/visiting the website cannot be construed to be licensees approved by the Company for use of such material except for the purpose required for using the Services. All rights, not otherwise claimed under this agreement or by GREENCAR, are hereby reserved. GREENCAR reserves the right in its sole discretion and without any obligation to make improvements or amendments to, or correct any error or omissions in any portion of the Service or the app/website. Use of any contents in the website/app for a purpose not expressly permitted is prohibited. GREENCAR has the right to close the account of a user(s) upon any infringement of any of the rights of others. Any loss caused due to infringement of any of the intellectual property rights shall be compensated by you and GREENCAR has the right to sue for such violation.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by GREENCAR for the comfort of the user(s) and GREENCAR has no control over such websites. The user(s) must pay attention to the terms and conditions of such websites and GREENCAR will not be responsible for any harm caused to the user(s) from such websites.

TERMS & CONDITIONS FOR USE OF GREENCAR SERVICE

The customer shall pay agreed fare, parking charges, convenience fee, surcharges etc as shown in the app from time to time and during the time of booking GREENCAR service. The customer has to accept the risk during transportation, loading and unloading and the GREENCAR will not give any warranty or insurance unless it is specifically mentioned in the agreement.

The customer shall not indulge in any of the activities which will damage the vehicle or any other property like soiling, asking the driver to do any unlawful activities, compelling the driver to overload the vehicle, forcing the driver to load dangerous or prohibited items etc. The driver has the right to deny such requests and stop providing services if needed. The customer shall compensate for the loss due to such activities.

GREENCAR has the right to use the location services from your device and this will be used only to facilitate and improve the probability of locating a vehicle for the Customer, to load and unload at the right location and to track the vehicle movement till the end of service. Your contact number will be visible to our app users or customers when they book service. It will help the app users or customers to reach you and you may be contacted personally by such users who book service. The company will not be responsible if your contact number is used by such users or customers for their private interests The company has the complete right to cancel or terminate the booking done by any app/web user without giving any reason or prior notice.

Incase of loss/theft of items during transportation, GREENCAR will try to locate the vehicle and items by using all the available facilities. But GREENCAR does not undertake any responsibility to compensate for any such loss. Moreover the customer will be responsible for the payment of fare and other charges which were already agreed.

Any complaints related to the service of GREENCAR has to be communicated to us within 24 hours of use of service. Such complaints or any other queries will be recorded for quality and service improvement purposes.

BOOKING CANCELLATION

Rs: 50/- will be charged for all the cancellation made after five minutes of successful booking.

Customers will be liable to pay the entire fare if the cancellation is made by the customer after loading the item at any part of the vehicle. Continued cancellation of successful bookings may lead to temporary or permanent suspension of account.

TOLLS

All tolls during transportation and return of vehicles shall be born on the customer.

DISCLAIMER

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons too. It is expressly made clear to all users that the Company does not own any vehicle nor does it directly or indirectly employ any drivers for any kind of vehicle. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the vehicles alike. Company does undertake necessary checks as required by law and complies the same from time to time.

ACCEPTANCE OF TERMS AND CONDITIONS

By using our service 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 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. 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 User agrees and accepts that the use of the Services provided by the Company is at his/her sole risk, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.

DISPUTES

All the disputes, controversies or claims arising out of or relating to these terms and conditions and other services of the company will be governed by the laws of India.

The parties shall use all reasonable endeavours to first resolve the matter on an amicable basis, within a period of Sixty (60) days. No recourse to arbitration by one party against the other party under these terms and conditions and other services of the company shall take place unless and until such procedure has been followed.

Any unresolved disputes or claims which may arise out of or in connection with these terms and conditions and other services of the company shall be referred to arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings will be presided by a sole arbitrator to be appointed based on mutual consent of both parties in writing.

The arbitration proceedings shall be in English and shall be held in Kozhikode, India.

Subject to the above, you hereby submit yourself to the exclusive jurisdiction of the Courts in Kozhikode, India.

YOUR OBLIGATIONS

The User undertakes that it has been made the declaration of goods/materials for the consignment correctly and that there is no information which is concealed at the time of booking of the Services. The User certifies that all statements and information provided relating to the transportation of the consignment will be true and correct. User acknowledges that in the event that the user makes an untrue or fraudulent statement about the consignment or any of its contents, the user risks a civil claim and/or criminal prosecution. Penalties for which include forfeiture and sale of the consignment. To the extent that the Company may voluntarily assist the user in completing the required customs and other formalities(if required) such assistance will be rendered at the user's sole risk. User agrees to indemnify the Company and hold it harmless from any claims that may be brought against the Company arising from the information that user has provided to the Company and any costs the Company will incur regarding this, and pay any administration fee that Company may charge the user for providing the services described in this condition. We are authorised to deliver the goods at the address mentioned on the Consignment Note or at the address mentioned while booking, and without prejudice to the foregoing it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. You agree to pay us any costs we incur in forwarding, disposing of, changing the location of delivery or returning the consignment and our charges (if any) for the agreed appropriate next action. All the applicable laws have to be complied with by you. If user(s) terminates the agreement with GREENCAR with respect to any consignment, user(s) shall be liable to pay GREENCAR the entire fees and other expenses incurred with respect to such consignment.

Our services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. We will not be liable for any risk related to such consignments. Generally we will not accept carrying any dangerous goods and prohibited items. Dangerous Goods will only be accepted if they comply with the applicable regulations and other requirements.

It is the responsibility of the customer to insure their consignment. We will not provide insurance to any consignment unless specifically mentioned in the agreement. The transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability. Company makes no representation or warranties on services meeting the customer’s expectations, uninterrupted service, technical errors etc. Any loss or damage suffered by the customer due to non compliance of instructions , system malfunctions, network error and any other circumstances beyond the control of the company will not be compensated by the company. Company will not make any alternative arrangement(s) if the vehicle has not reached the destination booked.

These Terms together with any other special agreement (if any) as stated constitute the entire agreement between you and the Company and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.