1. If You continue to access, browse, or use our Website, You are agreeing to comply with and be bound by the Terms, which together with our privacy policy will establish a contractual relationship between You and the Company and will govern the Company’s relationship with You in relation to this Website and the Service. These Terms shall be enforceable against You in the same manner as any other written agreement. If You do not accept these Terms, please leave the Website and discontinue use of the Services immediately.
2. These Terms apply to all Services offered on the Website, collectively with any supplemental terms and conditions that may be applicable to the specific Service used / accessed by User(s). In the event there is a conflict or inconsistency between the terms and conditions specified herein and the provisions of any other document executed between You and the Company, the terms and conditions specified herein would prevail, except in the case of any Service specific supplemental terms.
3. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
4. The Company reserves the right to change, modify, amend, update, suspend or discontinue the whole or any portion of the Services or Website at any time. The Company may also impose limits on certain features or restrict Your access to parts or the entire Services or Website without notice or liability.
5. The Company may from time to time vary or amend these Website Terms by posting the amended Website Terms on this Website without any notice to the User. It is Your responsibility to review these Terms periodically for any updates / changes. Amendments will be effective upon the Company’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Any use of the Services after the amendment of these Terms will be deemed to be acceptance of the amended Website Terms by You. If You do not agree to the amended Website Terms, You have the right to close your Account (as defined below) and / or cease using the Services.
6. Users are advised to take appropriate transit insurance for the goods / product that the Users put in transit through TTPS Pvt. Ltd. in order to protect their own interests. The Company will provide necessary support with regard to transaction documents of Services to the User in the event any insurance claims are lodged by the User with insurance company(ies). Our liability towards damage / theft or any other issue leading to loss of value is limited.

These Website Terms apply to all Users of the Website, whether visitors, registered users, free or paid Users who access the Website for any purpose. The Terms also apply to any legal entity which may be represented by the User under actual or implied authority.

I. DEFINITIONS AND INTERPRETATION

1. “Affiliates” shall mean any Person that, either directly or indirectly through one or more intermediate Persons and whether alone or in combination with one or more other Persons, controls, is controlled by, or is under common control with the Company;
2. “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, or a court of India;
3. “Carriage” shall mean and include the whole of the operations and Services undertaken by us in connection with the Consignment;
4. “Consignee” or “Receiver” shall refer to the recipient or addressee or the consignee of the Consignment;
5. “Consignment” means any package, parcel, satchel, or freight which is or are given to and accepted by us for Carriage;
6. “Dangerous Goods” means goods classified as dangerous as per International Civil Aviation Organization (ICAO) Technical Instructions, IATA Dangerous Goods Regulations, International Maritime Dangerous Goods Code, European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or other national regulations for transport;
7. “Delivery” shall mean the tender of the Consignment to the consignee or intimation about the arrival of the Consignment;
8. “Force Majeure Event” shall mean circumstances beyond Our control such as (but not limited to):
1. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters,
2. War, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions,
3. National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery,
4. Latent defects or inherent vice in the contents of the Consignment, or
5. Criminal acts of third parties such as theft and arson.
9. “Person” shall mean any person (including a natural person), firm, company, corporation, governmental authority or any association or partnership (whether or not having separate legal personality) of two or more of the foregoing;
10. “Privacy Policy” shall mean the Company’s privacy policy available on the Website, and as may be amended from time to time;
11. “Prohibited Goods” or “Hazardous Goods” shall mean any goods or materials, the Carriage of which is prohibited by any law, rule or regulation in India including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to the Company and our business or to the transport of, or the performance of other Services regarding such goods; and
12. “Third Party Providers” shall mean independent third-party providers of Services, including independent third-party transportation providers and independent third-party logistics providers under agreement with the Company;

II. USER ELIGIBILITY

The Website is provided by the Company and available only to entities and persons over the age of majority and who can form legally binding agreement(s) under Applicable Laws. If you do not qualify, you are not permitted to use the Website.

III. SERVICES

1. Currently, we provide a seamless technology platform that enables Users of the Company’s Website to: (i) plan, optimize, arrange and schedule transportation and / or logistics services, including advance bookings, for a point to point service, or for a time based service, or a usage based service, at any hour of the day with Third Party Providers within city limits or outside city limits, and (ii) monitor, and track such logistics on a real time basis (hereinafter collectively referred to as “Services”). Our Third Party Providers are well adept to the logistics business and we take them on board after due verification, and background check. They are subject to a comprehensive selection process and trained to deliver reliable & trustworthy services to achieve a higher customer satisfaction.
2. You agree to comply with all Applicable Laws when using the Services, and you may only use the Services for lawful purposes (e.g., You will not request for transport of unlawful or hazardous materials).
3. The Company shall receive Your Service request through Website and / or mobile telecommunication devices as notified on the Website. The Company shall have the sole discretion to accept or reject each request for Services. If the Company accepts the booking request made by the User, a confirmation will be generated and the User will be notified accordingly. The Company shall make reasonable efforts to provide Services subject to availability of the resources in or around Your location at the time of Your Service request made to the Company.
4. You acknowledge that the Company does not provide transportation, logistics and man-power services or function as the same and that all such services are provided by Third-Party Providers who are not employed by the Company or any of its Affiliates.

IV. TERMS AND CONDITIONS FOR AVAILING SERVICES

The following Terms shall apply to customers utilising the Services offered by the Company for the hiring of goods vehicles or manpower services:

1. The User availing the Services shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Laws or required to be paid for availing the Services. Toll Charges, if any applicable, will also be added to the total fare. In case of a toll on your trip, return toll fare will be charged too. After You have received Services, TTPS Pvt. Ltd. will facilitate your payment of the applicable charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the charges in such manner shall be considered the same as payment made directly by You to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.
2. You agree and accept that the use of the Services provided by the Company is at Your sole risk, and further acknowledge that the Company disclaims all representations and warranties of any kind, whether express or implied.
3. You will not, in Your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Providers or any other party. In certain instances You may be asked to provide proof of identity to access or use the Services, and You agree that You may be denied access to or use of the Services if you refuse to provide proof of identity.
4. Once You place an order for the Services, you cannot cancel such Services.  However, the Company may make certain exceptions at its sole discretion, with or without reason to cancel the order and refund any payments.
5. The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle made by the User. User(s) shall indemnify the Company with respect to any expenses incurred with respect to such booking.
6. You shall ensure that You will not indulge in any of the following activities while availing the Service:
1. Soiling or damaging the body and / or any other interiors of the vehicle.
2. Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.
3. Asking the driver to break any traffic / R.T.O. / City Police and / or government rules for any purpose. The driver has the right to refuse such a request by You. The driver also has the right to refuse such a pick-up.
4. Pressurizing the driver to overload the vehicle with the Consignment than the allowed limit.
5. Not disclosing the correct contents of goods/materials which are to be sent through the Service.
7. The User undertakes that it has 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.
8. 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 user makes an untrue or fraudulent statements about the Consignment or any of its contents user risks a civil claim and/or criminal prosecution, the penalties for which include forfeiture and sale of the Consignment.
9. You shall ensure that the contents of the Consignment (including but not limited to weight and number of items) have been properly described on our Consignment note and that the Consignment note is complete in all respects and the documents as required for the transit including invoice, permits, etc are enclosed with the Consignment note.
10. You shall ensure that the contents of the Consignment are not Prohibited Goods and/or are not restricted by the applicable regulations and that You 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 You nor the Consignee is a person or organisation with whom we or You may not legally trade under any Applicable Laws or regulations
11. Dangerous Goods
1. We do 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.
2. We may at our discretion accept some Dangerous Goods for Carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your Consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements.
12. Prohibited Goods
    We do not accept consignments that contain prohibited items. We accept consignments only upon Your declaration of the type and value of the consignment (“said to contain” basis). We have 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. You hereby agree that the Company is authorised to deliver the goods at the address mentioned on the Consignment note 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. We will be sending the delivery confirmation by SMS / e-mails and no-response within 24 hours would be considered as an affirmative to the delivery.
14. Rejected Consignments
1. If the Receiver refuses to accept delivery we will try to contact You and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the Consignment and our charges (if any) for the agreed appropriate next action.
2. If a User(s) terminates the agreement with the Company with respect to any Consignment, User(s) shall be liable to pay the Company the entire fees and other expenses so incurred with respect to such consignment.
15. You shall indemnify the Company and hold it harmless from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by You, including those arising from the information that You have provided to the Company and shall pay such sums on demand of the Company.
16. The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to make a vehicle booking. The location based information will be used only to facilitate and improve the probability of locating the vehicle for the User.
17. In case of lost items inside the Company during the journey, Company 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. TTPS Pvt. Ltd. aggregates its vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made towards TTPS Pvt. Ltd. Further, in the event any payments from the User to TTPS Pvt. Ltd. are pending for the period prescribed by TTPS Pvt. Ltd. in its respective invoice, TTPS Pvt. Ltd. reserves the right to exercise particular lien over the Consignment till full payment is made to TTPS Pvt. Ltd. for its Services. Additionally, User(s) will be liable to indemnify TTPS Pvt. Ltd. against any loss, damage or expenses incurred by us due to the custody of the Consignment during this period.
18. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by TTPS Pvt. Ltd. in TTPS Pvt. Ltd.’s reasonable discretion, TTPS Pvt. Ltd. reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by the Company to the applicable Third Party Provider and are non-refundable.

VII. CONFIDENTIALITY

User(s) shall not disclose any information received under the contract of service with TTPS Pvt. Ltd. to any third party(ies). Access to any information which pertains to the business of the Company shall be kept confidential to the extent it might adversely impact the Company’s business. Notwithstanding anything, User(s) shall be liable to indemnify the Company against any loss of business or reputation due to the act of the User(s).

IX. PRIVACY POLICY

Our collection and use of personal information provided by You in connection with the Services is as provided in the Company’s Privacy Policy located on our website at xxxxxxxx
Your acceptance of the Website Terms shall be deemed to include your acceptance of the Privacy Policy. Kindly note that the Company may provide necessary information (including Your contact information) to a governmental authority to the extent to which it is required to be disclosed pursuant to any Applicable Laws or proceedings by any governmental authority, or to a claims processor, or to an insurer such necessary information if there is a complaint, dispute or conflict, which may include an accident, involving You and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

X. LICENSE AND OWNERSHIP

1. Any and all intellectual property rights, including any software made available to work on the Website, or to download information and resources from it (“Software”), (collectively referred to as the (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole and exclusive property of the Company. The Content is protected by copyright and other Applicable Laws in India. The Website is also protected by trade secret, unfair competition, and other Applicable Laws and shall not be copied or imitated in whole or in part. You are authorized to use the Software only for the purpose of visiting the Website, and / or downloading information, and resources from it or making necessary Service request 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.
2. All related icons and logos are registered trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
3. All content on this Website is the copyright of the Company except any third party content and link to third party websites contained herein.
4. Any attempt to imitate, copy or retrieve any Intellectual Property not expressly permitted herein may give rise to legal actions. You hereby agree that You will not use the Website service to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the Account of any User(s) upon any infringement of the rights of others in connection with the use of Services, or if the Company believes that User(s) conduct is harmful to the interests of the Company, its Affiliates, or other Users, or for any other reason in the Company’s sole discretion, with or without cause. You shall be liable to indemnify the Company for any losses or expenses incurred by the Company due to any infringement of Intellectual Property owned by the Company without prejudicing the Company’s right to bring any legal action against you.

XI. THIRD PARTY CONTENT

You acknowledge that any links to third party sites are provided by the Website only as a convenience to User(s) and that the Company does not have any control over such sites or content and resources provided therein. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable to anyone for any such third party site, or any content, products or services made available on such a site.

XII. SECURITY

1. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for You or logging into an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host, or network.
2. You shall not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (“Viruses”). You must not attempt to gain unauthorized access to the Company Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
3. Other Restrictions on Use of the Website
   In addition to other restrictions set forth in these Terms of use, You agree that:
1. You shall not disguise the origin of information transmitted through the Website.
2. You will not place false or misleading information on the Website.
3. You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the Company.
4. You will not input or upload to the Web Site any information which contains Viruses, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the Intellectual Property.
5. Certain areas of the Website are restricted to customers of the Company.
6. You shall not use or access the Website in any way that, in the Company’s judgment, adversely affects the performance or function of the TTPS Pvt. Ltd. Services or the Website.
7. You shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or the information, without the express written consent of the Company.
4. By breaching the provisions of this clause, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other Applicable Law. The Company will report any such breach to the relevant law enforcement authorities and the Company will cooperate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately and your Account will be deactivated.
5. The Company will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it.
6. You agree to immediately report to the Company all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

XIII. SUBMISSIONS THROUGH WEBSITE

The Company does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, you acknowledge that (1) they will not be considered confidential or proprietary, (2) the Company its Affiliates are under no obligation to keep such information confidential, and (3) the Company will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.

XIV. DISCLAIMER

1. The information contained in this website is for general information purposes only. The information is provided by TTPS Pvt. Ltd. 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, 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.
2. All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to You hereby that the Company does not own any truck, mini-truck, commercial vehicle, nor does it directly or indirectly employ any drivers for the vehicles. Trucks, mini-trucks and drivers are all supplied by Third Party Providers and the Company disclaims any and all liability in respect of the drivers and the vehicles alike.
3. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TTPS Pvt. Ltd. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TTPS Pvt. Ltd. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE WEBSITE OR THAT OF THE THIRD PARTY PROVIDERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS.
4. Unless otherwise agreed in a contract, the User understands and acknowledges that the Company being a platform provider shall not be labile arising from any of the driver’s actions with respect to the goods transported by such driver and services provided by such driver including timely delivery of the goods.

XV. LIMITATION OF LIABILITY

1. In no event shall the Company, or its Affiliates, its licensors, its suppliers or any Third-Party Providers be liable for any incidental, indirect, special, exemplary, punitive or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website or any personal injury or property damage from any use of the Services. Even if the Company is advised of the possibility of such damages, the Company shall not be liable for any damages, liability or losses arising out of: (a) Your use of the Services or (b) any transaction or relationship between You and any Third-Party Provider including the drivers.
2. In no event shall the Company’s total liability to You in connection with the Services for all damages, losses and causes of action exceed amount received by the Company for providing the Services, which excludes any or all payments made to the owners and/or drivers of the commercial vehicles.
3. YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
4. The limitations and disclaimer contained herein do not in any manner purport to limit liability or prejudice Your rights as a consumer that cannot be taken away under Applicable Laws.

XVI. INDEMNITY

You agree to defend, indemnify and hold the Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) Your use of the Services; (b) Your breach or violation of any of these Terms; (c) any of Your activities conducted in connection with this Website, (d) TTPS Pvt. Ltd.’s use of your User information or content; or (e) Your violation of the rights of any third party, including Third Party Providers.

XVII. FORCE MAJEURE

We shall not be liable for any failure to perform any obligations under these Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Website Terms shall be suspended for so long as the Force Majeure Event continues.

XVIII. CLAIMS, COMPLAINTS AND NOTICES

1. Claims of Intellectual Property infringement should be sent to the Company’s designated agent. Please visit our web page at https://theotransfra.com the designated address and additional information.
2. Any complaint in respect of the Services or the use of the vehicle, the User has to inform the Company of the same in writing within 24 hours of using the vehicle or the Services of Company. The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it of any complaints that you may have against the driver that you may have hired using the Company’s Services.
3. The Company may give notice by means of a general notice on the Services, electronic mail to Your email address in your Account, or by an SMS to your registered mobile number as set forth in your Account. You may give notice to the Company by written communication to Our registered address.

XIX. TERMINATION

You agree that the Company, in its sole discretion, may terminate or suspend Your use of the Website and its content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (1) discontinue use of the Website, and (2) destroy any copies You have made of any portion of the content of the Website. Accessing the Website, the Company, information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to You or any third party for any termination or suspension of Your access to the Website.

XX. ASSIGNMENT

You shall not assign Your rights under these Terms without the prior written approval of TTPS Pvt. Ltd.. TTPS Pvt. Ltd. can assign its rights under the User Terms to any Affiliate.

XXI. JURISDICTION

To the fullest extent permitted by Applicable Laws, You hereby expressly agree that any proceeding arising out of or relating to Your use of the Website shall be instituted in courts in Mumbai, Maharashtra, India.

XXII. SEVERABILITY

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

XXIII. COMPLETE AGREEMENT

Except as expressly provided in other written agreement between You and the Company these Terms constitute the entire agreement between You and the Company with respect to the use of the Website and the use of the Services.