Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms")
By using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", “your”, “consignor” “Customer” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be. "We", "us", "our", "Carrier", “EasyMover” shall refer to www.EasyMover.in, its employees, authorized agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
- EasyMover.in provides a technology based service which enables the hiring of transport vehicles by the user for:
- Point to point service
Time based service
Usage based service
Within and outside city limits, including inter-city all over India
Use of the Website is offered to user conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. EasyMover.in at its sole discretion reserves the right not to accept a User from using the services on the Website without assigning any reason thereof.
Any individual or business entity/organization that legally operates in India or in other countries has the right to use the Services provided by EasyMover.in, provided that in the User, in case of a natural person, must be at least 18 years of age to be eligible to use our Services.
TERMS & CONDITIONS FOR USE OF SERVICE:
The following Terms & Conditions shall apply to customers utilizing the Services offered by EasyMover:
- The customer shall pay
- the fare charges (as agreed),
additional night surcharge (where applicable)
iv. And any fee or levy payable or imposed by the law or required to be paid for availing of the transportation vehicle services.
The customer agrees and accepts that the use of the services provided by EasyMover are at the sole risk of the Customer, and further acknowledges that EasyMover disclaims all representations and warranties of any kind, whether express or implied.
The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
- Soiling or damaging the body and/or any other interiors of the transport vehicle.
Misusing, soiling or damaging any of the devices (technical/non-technical) in the transport vehicle.
Asking the driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.
Pressurizing the driver to overload transport vehicle with the consignment than the allowed limit.
EasyMover uses location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a transport vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a transport vehicle for the Customer.
- The Users of Mobile Application of EasyMover.in is expected to update his/her said app on regular basis, so that he/she can avail the latest services and is duly aware of any change(s) in EasyMover.in’s policy. In the event of failure to update the said Application, as and when available, by the user, understand and agree that EasyMover.in shall not be liable in any manner whatsoever.
ACCEPTANCE OF TERMS AND CONDITIONS:
- The customer accepts 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 signing the consignment note.
- The 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.
- Our authorized officers may agree to a variation of these terms and conditions in writing under special conditions.
- 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 information contained in this website is for general information purposes only. The information is provided by EasyMover and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- In no event will EasyMover be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Every effort is made to keep the website up and running smoothly. However, EasyMover takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- EasyMover has the right to use the customer contact information for its own marketing purposes. EasyMover may send regular SMS updates to the mobile numbers registered with it.
- If items are lost inside the EasyMover during the journey, EasyMover will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
- All vehicles registered with EasyMover may be continuously tracked using mobile technology for security reasons. It is expressly made clear that EasyMover does not own any transport vehicle nor does it directly or indirectly employ any drivers for the vehicles. Transport vehicles and drivers are all supplied by third parties and EasyMover disclaims any and all liability in respect of the drivers and the vehicles alike.
- EasyMover shall not be liable for any conduct of the drivers of the mini-trucks. However, EasyMover encourages you to notify it of any complaints that you may have against the driver that you may have hired using the EasyMover's Services.
- EasyMover shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at EasyMover's website at www.EasyMover.in on the date that EasyMover may indicate that such addition, variation or amendment is to come into effect.
- EasyMover shall be entitled at any time without giving any reason to terminate the booking of the transport vehicle done by the Customer.
- Any complaint in respect of the Services or the use of the transport vehicle, the Customer has to inform EasyMover of the same in writing within 24 hours of using the transport vehicle or any other Services of EasyMover.
- All calls made to the EasyMover's call centre are recorded by for quality and training purposes.
- Dangerous Goods
- We will not carry, nor perform other services regarding, goods which are in our sole opinion, “Dangerous Goods” including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other services regarding “Dangerous Goods”.
- We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if the customer has been accorded the status of an approved customer and this must be given by us in writing before the customer’s consignment can be accepted.
- The said Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to the customer upon acceptance of the said consignment.
- Prohibited Items
- We do not accept consignments that contain prohibited items.
- EasyMover shall be entitled to disclose to all companies within its group, or any government body as so required by the law or by directive or request from any government body, the particulars of the Customer in the possession of EasyMover in any way as EasyMover, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- Most content and some of the features on the web site are made available to the visitors at no charge. However, EASYMOVER reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice.
- EASYMOVER also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of EASYMOVER and/or other visitors to the web site.
- EASYMOVER reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
INTELLECTUAL PROPERTY RIGHTS:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EasyMover owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to EasyMover without obtaining prior authorization.
- The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of EasyMover and protected by international copyright laws. All software used on this website is the exclusive property of EasyMover and protected by international copyright laws.
- The Content and software on this website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of this website is strictly prohibited.
- EasyMover accepts no responsibility for any errors or omissions or for the results obtained from the use of this information. The information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
- Nothing herein shall, to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall EASYMOVER be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- EASYMOVER reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website.
- The customer warrants, undertakes and guarantees to us that:
- The contents of the consignment have been properly described on our consignment note and that the Consignment Note is complete in all respects and the necessary documents as required for the consignment including invoice, permits are enclosed with the Consignment Note.
- The contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations and that the customer will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with all applicable laws, rules and regulations and neither the customer nor the consignee is a person or organization with whom either us or the customer may not legally trade under any applicable laws or regulations.
- All statements and information and documents provided by the customer relating to the Consignment will be true and correct and the customer acknowledges that in the event that the customer makes untrue or fraudulent statements about the Consignment or any of its contents, the customer would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale.
- EasyMover is authorized only to deliver the goods at the address mentioned on the Consignment Note and without prejudice to the foregoing it is expressly agreed that EasyMover shall conclusively presume to have delivered the goods in accordance with this contract. Easymover sends the delivery confirmation by SMS/e-mails and no-response to the same within 24 hours would be considered as an affirmative to the delivery.
- The customer has declared the correct weight of the consignment and has listed out the exact number of items to be transported and will provide any special equipment that EasyMover may need to load or unload the consignment on or off the transport vehicles.
- In the event that the customer asks EasyMover to charge the receiver or a third party and the receiver or third party does not payEasyMover, the same will be promptly settled by the customer. In such an event, the payment should be completed for EasyMover’s invoice together with an administration fee in full within 7 days from the date of issue of the invoice
- All applicable laws and regulations have are complied by the customer.
- EasyMover accepts consignments only upon the customer’s declaration of the type and value of the consignment (“said to contain” basis). EasyMover has no responsibility whatsoever as to the correctness of description, type or value thereof and the customer agrees to indemnify and hold EasyMover harmless from any claims that may be brought against EasyMover arising out of or relating to such declaration provided by the customer and any costs EasyMover will incur relating thereto.
- Without prejudice to the above, EasyMover makes no representation or warranties that:
- The Services will meet the customer's requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- EasyMover shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of transport vehicle service offered by Easymover or due to the failure of EasyMover to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of EasyMover or any person or any organization involved in the above mentioned systems.
- EasyMover will not be liable for any damages of any kind arising from the use of the Services offered, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Extra charges shall be levied for far off locations & toll charges as well.
- The customer shall make an alternate arrangement if the transport vehicle has not reached due to any reason.
- EasyMover will not be liable for:
- Circumstances beyond our control such as (but not limited to):
- Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
- Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
- National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
- Latent defects or inherent vice in the contents of the consignment.
- Criminal acts of third parties such as theft and arson.
- The customer’s acts or omissions or those of third parties such as:
- Being in breach of (or any other party claiming an interest in the consignment causing the customer to breach) the customer’s obligations under these terms and conditions.
- The contents of the consignment consisting of any article that is a prohibited item even though we may have accepted the consignment by mistake.
If the receiver of the consignment refuses to accept delivery EasyMover will try to contact the customer immediately to discuss on the next appropriate course of action. The customer agrees to pay EasyMover any costs incurred in forwarding, disposing of or returning the consignment and EasyMover’s charges (if any) for the agreed next appropriate course of action.
- You agree to indemnify, defend and hold harmless EasyMover from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by EasyMover.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms or in relation to the use or proposed use of the Services by you.
- You agree to indemnify and hold EasyMover harmless from any liabilities that EasyMover may suffer or any costs, damages or expenses, including legal costs, EasyMover incurs either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if EasyMover inadvertently accept a consignment that contravenes any of your obligations.
- You agree and acknowledge that the use of the Services offered by EasyMover is at the sole risk of the customer and that EasyMover disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
CLAIMS BROUGHT BY THIRD PARTIES:
The customer shall undertake to EasyMover that said customer shall not permit any other person who has an interest in the consignment to bring a claim or action against EasyMover arising out of Carriage even though EasyMover may have been negligent or in default and if a claim or action is made, the customer will indemnify EasyMover against the consequences of the claim or action and the costs and expenses EasyMover incurs in defending it.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
These terms shall be governed by and constructed in accordance with the laws of India
The courts of Chennai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by EasyMover or the agreement or arrangement between you (the customer) and EasyMover.