Terms and Conditions for use of Company Website for availing Service(s)
Welcome to Gopiban.com, the prestigious and exclusive online goods delivery service in India. For consumers, business, industry, building & infrastructure, e-commerce, retail, small & medium companies, among others, Gopiban.com provides immediate logistical solutions. Gopiban.com is connected to a vast network of fleet owners and operators who have a reputation for reliability and on-time delivery. At the moment, we provide services like full truck loads with pick-up options to connect all major routes throughout India, and we are regularly adding new destinations.
The Company's aforementioned solutions are referred to as "Service" and/or "Services" from this point forward. 'Gopiban' is a trademark owned by Gopiban Logistics Pvt Ltd (Company). These terms and conditions apply to all users who access the Gopiban website/mobile application (hereafter referred to as "Portal") for any reason, including visitors, registered users who are free or paid users, and all other users. It also applies to any organization that the user may represent with actual or apparent authority. Users may only use the Portal to access Services; they may not use it for any other purpose. The Company warns users that they must observe and abide by applicable laws when using a mobile device or the internet to access the Portal. Company disclaims any liability for any harm that may result from improper Portal usage by users. At any moment, the company has the right to refuse service to anyone in its sole discretion.
You consent to utilizing the services supplied by the Company, which is provided by it. Your request for a reservation will be handled by the company (through the internet and/or mobile telecommunications devices). Each request for services may be accepted or rejected at the sole discretion of the Company. A confirmation will be created and the User informed if the Company approves the booking request made by the User. If resources are available at the time of your booking request with the Company, the Company will use reasonable efforts to supply the Services to you.
In order to safeguard their own interests, users are urged to purchase the proper transit insurance for the products/goods they intend to transfer. Although the Company's liability for damage, theft, or any other issue resulting in the loss of value is restricted by the Company's service policy, the Company will give the User the necessary assistance with regard to transaction documents of services in the event that the User files insurance claims with the insurance company. The User is responsible for making sure that none of the following behaviors are not done while using the Service: contaminating or harming the vehicle's body or any other interiors (such as the tempo's). Using, contaminating, or harming any equipment—technical or not—in the truck, tempo, or vehicle. In order to safeguard their own interests, users are urged to purchase the proper transit insurance for the products/goods they intend to transfer. Although the Company's liability for damage, theft, or any other issue resulting in the loss of value is restricted by the Company's service policy, the Company will give the User the necessary assistance with regard to transaction documents of services in the event that the User files insurance claims with the insurance company. The User is responsible for making sure that none of the following behaviors are not done while using the Service: contaminating or harming the vehicle's body or any other interiors (such as the tempo's). Using, contaminating, or harming any equipment—technical or not—in the truck, tempo, or vehicle. The User attests that all claims and details made in connection with the transportation of the consignment will be accurate and true. User understands that making false or fraudulent statements concerning the consignment or any of its contents could subject User to civil lawsuits and/or criminal charges, with possible consequences including seizure and sale of the consignment. Any voluntary help provided by the Company to the user in fulfilling the necessary customs and other formalities (if necessary) shall be done so at the user's own risk. The user also agrees to pay any administrative fees that the company may charge the user for providing the services outlined in this condition. The user also agrees to defend and hold the company harmless from any claims that may be made based on the information the user has provided to the company and any costs the company will incur related to this.
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 may at its discretion accept certain Prohibited Goods for carriage, or for the performance of other services, in some locations if user have been accorded the necessary permission for the same by competent authority. You may also be asked to procure a similar status for the tempo/truck/vehicle which is proposed to carry such Prohibited goods at your own cost. Consignment will be accepted by us only after the above requirements are fulfilled. Prohibited 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 the same are available from our nearest office and a prohibited goods surcharge will be invoiced to you upon acceptance of your consignment. 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 the Company and hold Company harmless from any claims that may be brought against the Company arising out of or relating to such declaration provided by you and any costs that Company will incur relating thereto.
Rejected Consignments & Holding Charges
If the receiver refuses to accept delivery, Company will try to contact user and agree the appropriate next action. User agrees to pay the Company any costs Company incurs in forwarding, disposing of or returning the consignment and the charges (if any) for the agreed appropriate next action.
The Company will levy holding charges on the consignments that are not collected by the Users/recipients from the point of destination as per the order terms and conditions. The rate of holding charges will be as per company policy.
Software
The Company and/or its affiliates are the only owners of any software made available to use on this Site, on a mobile device, and/or to download data and resources from it (the "Software"). You are only permitted to use this Software to visit the Site, download materials and information from it, or schedule necessary service appointments. This software may only be used for the aforementioned purposes. You may not modify the Software in any way, including disseminate it, sell it, buy it back, decompile it, reverse-engineer it, or disassemble it.
Trademarks and related Materials
A trademark is any term, image, phrase, sound, smell, color, or combination of these that serves to distinguish the source of a party's goods or services. The source of a party's services is indicated by a service mark. The company Gopiban Logistics Pvt ltd is the registered owner of the trademark "Gopiban". These trademarks must not be used in conjunction with any goods or services that are not provided by the company, in any way that would mislead consumers, or in any way that disparages or defames Gopiban and its activities. If other company names or products are mentioned on the website, those names may be trademarks of their respective owners. None of the trademarks owned by Gopiban Logistics Pvt Ltd, including Gopiban, have been licensed to any outside parties or other businesses. It is completely forbidden to copy, modify, use, or publish these marks without authorization. All of the rights to the website and its contents are solely owned by or legally licensed to the Company. Website design, layout, text, photos, graphics, sound, video, and other elements are all considered website content. Trade secrets and intellectual property rights are embodied in the website content and are protected by international copyright and other laws. The Company, its affiliates, or its licensor, depending on the situation, shall retain all title, ownership, and intellectual property rights in the website and its content. Users/Visitors of the website cannot be assumed to be licensees approved by the Company for use of such material other than for the purposes necessary to use the Services simply by using/visiting the website. Without the prior consent of the Company, it is strictly forbidden to use robots, spiders, automatic devices, or manual processes to repeatedly retrieve website content with the intent to create or compile a collection, compilation, database, or directory.
Online Payment Terms & Conditions
All on-line payments made towards availing Services shall be taken into consideration only when the relevant amount is received and credited in the Company's bank account. The User booking for the Service shall pay all amounts including but not limited to the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services. User authorizes the Company to retain any consignments that are booked till all dues of the Company are recovered. The User agrees and accepts that the use of the Services provided by the Company is at its sole risk, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. In case of cancellation of the booking, after making on-line payment, refund of the amount shall be paid within 30 working days after the said amount is received and credited in company's bank account. A small amount of service charge may be levied on such cancellations as per Company Policy from time to time. In case of any payment transaction undertaken by the user or any third party using the credentials of the user, which later on is found to be a fraudulent one, Company will not be responsible for any such transaction and all the legal liability including all costs and expenses of such transaction will be that of the user whose credentials are used for such transaction and will be recovered by the Company or the payment collection agency as the case may be. In order to avoid such circumstances users are advised to ensure that their credentials are not misused by any third party at any point of time. All the charges specified by the Company are excluding any taxes (local or union) unless informed otherwise. For any refund amount of cancellation please contact us in our Customer care no +91 7006611251 or on our email ID: spt@gopiban.in
General
The services are provided "as is" and "as available" without any representation or endorsement and without any warranty of any kind, whether expressed or implied, including but not limited to an implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third parties. This Portal and the information, names, images, pictures, logos, symbols, tagline, and icons is about or relating to the Company and its associates. No matter what, neither Gopiban nor any of its affiliates, contractors, employees, directors, or officers shall be liable for any damages, including but not limited to direct, indirect, special, or consequential damages (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS DISTURBANCES, OR INFORMATION) resulting from access to or use of, or inability to access or use, this Web Site or arising out of any resources, materials, information, qualifications, or qualifications of any kind.
The User agrees to hold the Company harmless from and against any and all liabilities, losses, charges, and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions, and proceedings that the Company may suffer directly or indirectly as a result of or in connection with the User's use or proposed use of the Services, and the User agrees to pay such amounts upon the Company's request. For security purposes solely, all cars registered with the Company are continuously tracked utilizing mobile technology. All users are explicitly informed that the Company neither owns any vehicles, mini-trucks, or tempos nor does it directly or indirectly employ any drivers for any such vehicles.
The Company disclaims any responsibility for the drivers and the mini-trucks because they are both supplied by outside parties. The company undertakes the appropriate checks that are mandated by law and occasionally complies with them. The company occasionally gathers information from its customers who register with the platform. In order to keep Customers and registered users informed about Company services, the Company may from time to time distribute information about its service(s) using such data. Customers and registered users grant the Company permission to use their information as described above from time to time when registering with the portal.
Limitation of Liability
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. Modification and Amendments to Terms of Use Company has the right to make alterations and modifications to any information incorporated within this site without giving any prior notice.
The maximum liability of the Company towards the user will be Rs.3500/- for full load or 7% of the total freight paid (excluding any taxes), whichever is lower. All claims in respect of loss, shortage and damage of consignment should be mentioned on the POD at the time of delivery and same need to intimated to Gopiban with 48 hours on support@trukky.com any claims received after 48 hours shall not be entertained and Gopiban will not be liable for any loss of goods.
Law & Jurisdiction You accept that any claims arising against the Company, shall be subject to the exclusive jurisdiction of the Delhi Courts in the State Delhi, India and the laws of India shall apply therein. However, Company reserves the right to take legal proceedings in country other than India, to protect our interests or to enforce our rights whenever we face any circumstance which deems it appropriate to do so.
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