The following terms and conditions govern your use of the Move Aid App and the information accessible on or from this Move Aid Application (“App”) for the purpose of availing the services offered by the App. Please read these terms and conditions carefully, which set forth the legally binding terms and conditions between you and Eco Move Logistics Private Limited (EML), the makers of Move Aid App. It governs your access to and the use of the website and all related applications and services before accessing any material/services available on this site. If you do not agree with any of these terms and conditions, please defer from using this site. By accessing any part of this website and/ or using the information provided on or via this website you agree to be bound by these terms and conditions.
Eco Move Logistics Private Limited, reserves its right to modify, amend, change the following terms and conditions and the said modification, amendments, and changes shall be updated on the website or application owned by EML and your continuous use of our service signifies your acceptance and the same will be effective from the date of posting of the said modification, amendments, and changes on the website.
In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
Heading of clauses or group of clauses in these Terms and Conditions are for indictive purpose only and do not form part of these conditions.
- DEFINITIONS AND APPLICATION
The following words shall have following meanings in these terms and conditions:
"We", "us", "our", "Carrier", "Company" refers to Eco Move Logistics Private Limited (EML)
“You” “your” “User” “Customer” means and includes any person, whether themselves or an agent or a principal, at whose request or on whose behalf the Company provides a service.
“Instructions” refers to specific requirement of Customers.
“Goods” refers to the thing or things in relation to which Relocation Services are to be provided but excluding coins, cash, bank notes, cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, Perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items and other like items.
“Mobile Application” refers to Move Aid mobile Application.
“Person” includes persons or anybody or bodies corporate.
“Applicable Law” means all laws, statutes, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.
“Website” refers to www.moveaid.in
- ELIGIBILITY OF USER/S
User/s refers any individual or business entity/organization that legally operates in India or in other country, uses and has the right to use the Services provided by EML. It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (Eighteen) years of age.
EML advises its users that while accessing the web site or applications owned by EML, they must follow/abide by the related laws. EML is not responsible for the possible consequences caused by your behaviour or acts during use of our web site or applications owned by EML. EML may, in its sole discretion, refuse the service to anyone at any time.
- INTELLECTUAL PROPERTY RIGHTS
EML is the sole owner or lawful licensee of all the rights to the web site or applications owned by EML and its content. Web site content refers its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with EML, its affiliates or licensor's of EML content, as the case may be.
All rights, not otherwise claimed under this terms and conditions or by EML, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. EML does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All 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 EML be liable for any direct, indirect, incidental, punitive, collateral, 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.
EML 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 app/website.
EML reserves the right to terminate the account of a user if it believes that the user has involved in any infringement of the rights of any third party in connection with use of the EML services and in such an event you shall be liable to indemnify EML for any losses or expenses incurred by EML due to any infringement of intellectual property rights owned by EML without prejudicing its right to bring any legal action against you.
- THE COMPANY
- The Company shall perform its duties with a reasonable degree of care. Diligence, skill and judgement.
- The Company shall be entitled to procure any or all of the services as an agent, or to provide those services as a principal.
- The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken, subject to these conditions.
- On booking service on the Application, the Company shall provide an estimate of the fee payable by the Customer, based on the information/description provided by the Customer on the Application, subsequently, on confirmation of the booking, the Company shall immediately assign its professionals to schedule a visit to the location where the items/goods/materials of the Customer, that are intended to be moved and take exact measurements of the items/goods/materials and provide a final fee quote for the services of the Company.
- Upon payment of 50% of the fee quote, by the customer, the Company shall schedule an appointment for packing the items/goods/materials and loading the same onto the transport vehicle and accordingly share the details of the truck and the driver and share real time updates to the Customer.
- The Company has agreed to provide its service of logistics to the customer under the presumption that the items/materials that are to be moved by the Company are his/her own property of the customer or has authorization by the owner to move such items/materials. Therefore, the Customer shall indemnify the Company, its employees, its agents, the service personnel and hold them harmless, from any claims, complaints, demands, suits, or any other legal proceedings, by any third party, due to which the company may incur loss or disruption of service or confiscation. In the event of such loss the customer shall be liable to make good of such loss to the Company, as and when a demand is made.
- Should the Customer, Consignee or Owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the company shall be entitled to store the goods, or any part thereof, at the sole risk of the customer or consignee or owner, whereupon the Company’s liability in respect of the Goods or that part thereof, stored as aforesaid, shall wholly cease.
- Upon booking the service with the Company on its App, the Company will apply insurance to the items/goods/materials that are intended to be moved, at the cost of the Company. However, no insurance will be affected except pursuant to and in accordance with usual exceptions and conditions of the policies of the insurers or underwriters taking the risk.
- The Company is hereby authorized to use the location-based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a booking for relocation/moving.
- The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.
- Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within ___days of completion of service by the Company and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with the stipulated time limit, and that he has made the claim as soon as it was reasonable possible for him to do so.
- CANCELLATION POLICY
- In the event the Customer is desirous of cancelling the booking on the App after the booking confirmation and after payment of the 50% of the fee and 24 hours prior to the booking date, the Company will refund full amount that is paid by the Customer.
- Any cancellation less than 24 hours prior to the booking date, the Company shall be entitled to deduct 50% of advance fee towards cancellation fee.
- The Customer cannot cancel the booking once the items/goods/materials are packed and loaded onto to the transport vehicles of the Company. In such event, the Customer shall pay the balance 50% of the Fee.
- In case the Customer is found to be continuously cancelling bookings without assigning any reason, the Company reserves its right to suspend the Account of the Customer.
- In the event the items/goods/materials are confiscated by any authority, due to any reason, other than the negligence of the Company, the Customer shall pay the entire service Fee, as if the delivery of the items/goods/materials has been completed.
You shall not disclose any information received under the service with EML to any third party. Access to any information which pertains to business of our company shall be kept confidential to the extent it might adversely impact our business. In such an event, you shall be liable to indemnify us against any loss of business or reputation due to your act of unauthorized disclosure.
- The price quote provided by the Company for the service availed by the Customer, includes insurance that is applicable to the items/goods/materials that are intended to be moved/relocated by the Customer. However, the Customer shall not have the right to choose an insurance agent of his/her own, nor will have the right to negotiate any terms with the insurance agent appointed by the Company.
- The insurance coverage to the items/goods/materials of the Customer shall be applicable only during transit of the said items/goods/materials to the intended destination.
- The Company does not give any guarantees for any insurance claims, as the same is subject to the terms and conditions of the insurance policy.
- The Company shall share the details of the insurance policy on the App for convenience of the Customer and the same shall be kept confidential.
- The Company shall not be responsible for any existing damage caused to the items/goods/materials, as any such existing damage shall be intimated to the Customer, during inspection and prior to packing the items/goods/materials.
- In the event of any unforeseen accidents caused due to negligence of agents of our company and the damage caused due to the same to any goods under the relocation, and if the same is beyond the scope of insurance coverage, the Company as a bonafide gesture, shall refund such reasonable amount from the booking amount or make good of the loss as per the valuation done by the Company person.
- The Company shall not be responsible for any loss or damage or in the event of non-completion of the service due 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, epidemics, pandemics, 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. or other reasons where in no fault of agents of our company is involved.
- Upon successful delivery of the items/goods/materials, the Company shall not responsible for any damage, that may have occurred after the service of the Company has been completed.
- REPRESENTATIONS AND WARRANTIES BY THE CUSTOMER
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
- That the information/description furnished by you on the application or the website, with respect to the items/goods/materials that are intended to be moved using the service of the Company are full and accurate (including nature (fragile/non-fragile) etc., gross weight, dimensions) based on which the Company will make necessary arrangements including but not limited to arranging for pre-cast cases to fit the exact description of the items/goods/materials provided by you. You agree that any delay caused due to inaccurate description of the said items/goods/materials, the Company shall not be held liable.
- That the items/goods/materials intended to be moved, are owned/belonging to you, or you have authorisation from the owner of such items/goods/materials to be moved by using our service. you shall not include any stolen or prohibited or dangerous goods including, but not limited to highly flammable, high combustion, high radiation, drugs and substances as specified under the Narcotics Act. The said items/goods/materials should adhere to the regulations, guidelines, technical instructions, codes applicable to our Company and our business or to the transport of, or the performance of other Services regarding, stolen or prohibited or dangerous Goods. In the event the items / goods / materials are found to be in contravention of the above, the Company shall have sole discretion to cancel the said booking.
- That the pick-up address/location and the intended destination address mentioned by you on the app is true and accurate, wherein, on availing our services, you shall deemed to have authorized our Company to pick-up the items/goods/materials from such pick up address and to deliver the items/goods/materials to such delivery address and upon such delivery at the intended address, the service is deemed to be completed, on approval by you through the app for delivery confirmation.
- The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
- Cause unnecessary delay or obstruct or interfere with the work of the company during the packing process which shall eventually delay the completion of relocation.
- 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.
- The punctual receipt in full of sums falling due from the customer to the Company is critical to the operations of the Company’s business, and its performance of its obligations to the Customer. Accordingly, the Customer shall pay the Company all sums when due, immediately and without reduction or deferment on successful delivery of items/goods/materials at the intended destination. Time is the essence of the payment of all and any sums payable by the Customer to the Company.
- Upon inspection at the time of delivery and unpacking at the intended destination, unless the Customer pays the Company in full, the booking of the Customer will deemed to be open.
- You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
- The photographs captured and stored by EML of the paintings, images, art pieces etc which are part of the relocation at the time of relocation of such goods cannot amount to infringement of any intellectual property rights and you cannot claim violation against EML in exercise of any such rights if any specifically recognized in your favour in that regard, as the said procedure opted by against EML is for the purpose of ensuring safety of such goods and EML shall not share such information with third parties.
- The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
- The information contained in this website and Move Aid App is for general information purposes only. The information is provided by EML and while we endeavour to keep the information up to date and accurate, 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/App or the information, products, services, or related graphics contained on the website/App for any purpose. Any reliance you place on such information is therefore strictly at your own risk and our Company is not responsible.
- In no event will we 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/App.
- Through this website/App you are able to link to other websites which are not under the control of EML. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the portal up and running smoothly. However, EML takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.
- GOVERNING LAW AND JURISDICTION
Without regard to the principles of conflict of laws, these Terms and conditions shall be governed by and construed in accordance with the laws of India. The courts of Hyderabad, Telangana shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these terms and conditions.