The terms for truck partners (“Truck Partner Terms”) shall apply to Trip In’s truck agency providers (“Service Providers”) in addition to the terms and conditions of use generally applicable to the Users of the Services available at https://www.tripin.co.in/term-and-conditions-of-use.html (“User Terms”, and collectively with Truck Partner Terms, the “Service Provider Terms”). In the event of a contradiction between the Truck Partner Terms and the User Terms, the Truck Partner Terms will apply to the Service Providers. All capitalized terms used but not defined herein shall have the meaning assigned to such terms under the User Terms.
Trip In hereby grants to the Service Provider a revocable, non-transferable, nonexclusive, non-sub-licensable, limited and specific license to use the Portal. The Service Provider shall only use the Portal in accordance with the directions of Trip In and in strict adherence to Service Provider Terms, and any default by the Service Provider in this regard will be considered as material and will entitle Trip In to undertake all remedial measures available to it pursuant to the Service Provider Terms and/or under applicable laws, including deduction of penalties from amounts payable by Trip In to the Service Providers for carriage services provided by the Service Provider on the Portal (“Carriage Services”). No right of a Service Provider under the Service Provider Terms or applicable law shall be enforceable by any person other than the Service Provider and the Service Provider shall not have the right to assign its rights or obligations under the Service Provider Terms to any person without the prior written consent of Trip In. Trip In retains the right to transfer its rights and obligations under the Service Provider Terms to any person without the prior consent of the Service Provider.
(a) The Service Provider will register with Trip In prior to using the Services for undertaking business transactions with any User. Upon registration, representatives from Trip In shall contact the Service Provider for completion of registration process and execution of an agreement to govern the relationship between the Service Provider and Trip In (“Service Provider Agreement”). It is clarified that the Service Provider Agreement shall be in addition to the Service Provider Terms, and in the event of a conflict between the Service Provider Agreement and the Service Provider Terms, the Service Provider Agreement will prevail.
(b) The Service Provider (including a prospective Service Provider) acknowledges that Trip In reserves the right to refuse registration as a Service Provider, inter alia on account of failure by the Service Provider to comply with the requirements prescribed by Trip In from time to time, in relation to the category of vehicles (in terms of length, carrying capacity, body type, etc.) proposed to be on-boarded to the Portal by the Service Provider, antecedents and past-track record of the Service Provider, etc. For instance, Trip In may, at its discretion, refuse registration of flatbed vehicles, or vehicles registered before the year 2005. Please visit https:// www.tripin.co.in/term-and-conditions-for-truck-partner-further-details.html for prescribed criteria for registration/on-boarding of vehicles.
(c) The Service Provider shall be permitted to de-register from the Portal at its discretion, in accordance with the Service Provider Agreement, provided however such de-registration would be effective only upon completion of all pending Work Orders (defined below) of the Service Provider on the Portal, and settlement of all dues with Trip In, in accordance with the Service Provider Agreement and Service Provider Terms. Further, in the event a Service Provider becomes non-responsive on the Portal without the prior approval of Trip In and Trip In is of the view that the Service Provider has sought to de-register itself other than in accordance with the Service Provider Agreement and Service Provider Terms, Trip In shall be entitled to levy a penalty of Rs. 25,000 on such Service Provider, and take such additional measures as it may deem fit.
(d) Trip In reserves the right to de-register a Service Provider from the Portal at its discretion, inter alia on account of deficiency in providing Carriage Services, professional misconduct, objectionable conduct by the Service Provider Employees (defined below), any offence under applicable laws. Trip In, shall, at its discretion, be permitted to de-register Service Providers from the Portal without cause upon issuance of prior written notice of 7 days, and Trip In shall not be liable to compensate the Service Provider for any loss sustained on account of the same, whether in law, contract or equity, except payment of any outstanding undisputed dues for the Carriage Services provided by the Service Provider in accordance with the Service Provider Agreement and/or this Service Provider Terms.
(e) The Service Provider acknowledges that Trip In has not represented or warranted that the Portal or the Services will meet the business requirements of the Service Provider and does not undertake to provide such facilities free of errors, downtime, faults, delays or interruptions. Further, the Service Provider agrees that Trip In will have scheduled down time for server maintenance and upgrades and the Service Provider shall not hold Trip In responsible for any loss of business, delay in completion of business transactions, or other similar consequences to the Service Provider as a result of downtime of the Portal or the Services including as a result of Force Majeure events.
The Service Provider hereby represents, warrants and covenants to Trip In that:
(a) it has the capacity and authority to enter into business transactions through the Portal and Services provided by Trip In, and perform all obligations in relation to providing Carriage Services on the Portal;
(b) it has provided true, complete, and accurate details at the time of registration and shall undertake to keep the registration details factually updated at all times. Any loss suffered or incurred or likely to be incurred or suffered by a Service Provider which is attributable to the failure of the Service Provider to provide correct details or update the same on the Portal, shall be the sole responsibility of the Service Provider and Trip In shall not be liable, in any manner or at any time, to the Service Provider for such loss or claims. Further, Trip In reserves the right to cancel the registration of the Service Provider for any false, inaccurate or incomplete information provided by the Service Provider on the Portal;
(c) it shall not, directly or indirectly, permit any third party to use such Service Provider’s registration details to engage in any manner with the Users;
(d) it does not intend to and shall not utilize the Portal to engage in activities that are obscene, harmful to religious or popular sentiments, illegal, immoral, not in good faith or result in or are likely to result in adverse impact on the operations, business prospects, clients, and/or reputation of Trip In;
(e) any information displayed or disbursed by it on/ using the Portal or the Services of Trip In do not violate the rights including confidentiality or intellectual property rights of any third party;
(f) it shall not use the Portal or the Services to introduce any software, virus or other materials which could interfere with the operations of Trip In or its engagement with any of its Users and/or other vendors, business partners or Service Providers etc.;
(g) it shall not post, transmit, store, upload or otherwise display or deliver any message, content, information, document or image that is or has the effect of being a marketing message, advertisement, promotion on the Portal or via the Services without obtaining the prior written consent of Trip In. The Service Provider also undertakes to provide to Trip In or any third person identified by Trip In, all information requested by Trip In and/or such third person to verify the Service Provider’s compliance with the abovementioned representations.;
(h) it has conducted and will conduct every quarter (or such shorter period as may be intimated by Trip In from time to time), a thorough background verification of each Service Provider Employee (defined below) directly engaged in providing Carriage Services, including without limitation, due verification with law enforcement authorities;
(i) it has validly obtained and maintains, and will continue to validly obtain and maintain, all registrations, permits, approvals as required under applicable laws for owning, using or operating the vehicles on-boarded on the Portal for performing Carriage Services; and
(j) in the event of initiation of any proceedings inter alia against Trip In arising out of or in any manner related to Carriage Services being provided by the Service Provider, the Service Provider shall fully cooperate with Trip In and its advisors, consultants, agents, etc. and provide all assistance required by Trip In and its advisors, consultants, agents, etc. for effective resolution of such proceedings.
(a) A Service Provider shall, from time to time, be permitted to on-board vehicles to its fleet of vehicles engaged in providing Carriage Services on the Portal, subject to such criteria as may be specified by Trip in from time to time, and as more particularly set out at https://www.tripin.co.in/term-and-conditions-for-truck-partner-further-details.html. It is clarified that on-boarding of vehicles on the Portal shall be regulated by Trip In, inter alia in terms of the demand anticipated by Trip In (in terms of terms of length, carrying capacity, body type, etc.), road-worthiness of vehicles and any other criteria as may be determined by Trip In from time to time. The Service Provider shall be required to register the driver and the helpers for each truck on-boarded on the Portal. The Service Provider shall ensure that vehicles used for providing services booked through Trip In shall be such registered trucks and they shall only be driven/ occupied by registered drivers and helpers. Before the commencement of each trip, the Service Provider shall ensure that the registered driver and/or helper for such trip remain eligible and able to undertake such trip (including having appropriate licenses and being mentally and physically fit). Failure to ensure the same shall be deemed to be a beach of the Service Provider Terms and result in automatic de-boarding of the vehicle, driver and helper and further imposition of a penalty of Rs. 2,000 by Trip In, in addition to any losses that may accrue to Trip In on account of such failure of the Service Provider including as a result of any negligence by any employees, agents or representatives of the Service Provider.
(b) A Service Provider shall, from time to time, be permitted to de-board vehicles from its fleet of vehicles engaged in providing Carriage Services on the Portal by submitting a request in this regard to Trip In from the Portal, subject to such criteria as may be specified by Trip In from time to time. It is clarified that de-boarding of vehicles on the Portal shall be subject to a prior notice of at least 7 (seven) business days, and completion of all Work Orders (defined below) undertaken by the Service Provider on the Portal in relation to such vehicle. Upon completion of 7 (seven) days, the vehicle shall be deemed to have been “de-boarded” from the Portal, unless otherwise specified by Trip In. In the event a Service Provider withdraws an on-boarded vehicle without following the de-boarding process, Trip In would have the right to deduct appropriate penalties in accordance with the Service Provider Terms and the Service Provider Agreement, in addition to the right of Trip In to de-register such Service Provider from the Portal.
(c) It is clarified that Trip In reserves the right to direct mandatory de-boarding of vehicle(s) from the fleet of a Service Provider engaged in providing Carriage Services on the Portal, inter alia, on account of any defects (latent or patent) in such vehicles, breach by the Service Provider of applicable laws etc.
The Service Providers agree that Trip In shall, at the risk and cost of Service Providers, install tracking applications/ devices (including installation of mobile applications on the mobile phone(s) designated for use by the driver and conductor of such vehicle of the Service Provider) on each vehicle that is on-boarded to the fleet of a Service Provider for performing Carriage Services on the Portal (“Tracking Device”). The Service Provider shall, and shall cause the Service Provider Employees (defined below) to ensure that the Tracking Device is functional at all times, except on account of Force Majeure. In the event of a failure to ensure that the Tracking Device remains operational at all times, Trip In shall not be liable to pay the Service Provider for any distance covered during the time the Tracking Device remains non-operational, in addition to levying penalties for any consequential loss (for e.g., delay in delivery of consignment, cancellation of the Services by the User) arising as a result of the Tracking Device remaining non-operational.
The Service Provider agrees that upon registration on the Portal, the Service Provider cannot refuse the performance of any work-order for Carriage Service generated on the Portal in respect of any vehicles forming part of its fleet (“Work Order”). It is clarified that refusal by a Service Provider to honour a Work Order, will result in imposition of a penalty on the Service Provider aggregating to the value of the Work Order, in addition to downgrading of the Service Provider on the Portal. The Service Provider agrees that these amounts will be deducted from any outstanding dues payable to the Service Provider in respect of any Carriage Services already performed by such Service Provider.
(a) The Service Provider can, at the time of registration, select an attachment plant in relation to Carriage Services proposed to be provided by the Service Provider on the Portal (“Attachment Plans”). These Attachment Plans will entail a minimum payout per Work Order, reimbursement of toll taxes as per information provided by TransportGuru, a minimum guaranteed number of Work Orders every calendar month on the Portal (depending on the nature of Attachment Plan chosen by the Service Provider) and a variable payout per kilometer for each of these Work Orders, which shall be subject to revisions from time to time on account of fluctuations in fuel prices, the consumer price index and otherwise at the discretion of Trip In, and Trip In shall make all reasonable endeavours to notify the Service Providers of any such revisions. The Service Provider agrees and acknowledges that it shall issue a prior written notice of 1 (one) month to Trip In before undertaking any change in respect of its Attachment Plan, and Trip In may, at its discretion, disallow any request of a Service Provider for changes in the Attachment Plan by issuance of notice to the Service Provider during this 1 (one) month period.
(b)(b) The Service Provider (including a prospective Service Provider) acknowledges that Trip In reserves the right to refuse registration for Attachment Plans, inter alia on account of failure by the Service Provider to comply with the requirements prescribed by Trip In from time to time, in relation to the category of vehicles (in terms of length, carrying capacity, body type, etc.) proposed to be on-boarded to the Portal by the Service Provider, antecedents and past-track record of the Service Provider, etc. For instance, Trip In may, at its discretion, refuse registration of flatbed vehicles. Please visit https://www.tripin.co.in/term-and-conditions-for-truck-partner-further-details.html for eligibility details, registration formalities and other details in relation to Attachment Plans.
(a) A Service Provider can, at the time of registration, select a freelance plan in relation to the Carriage Services proposed to be provided by the Service Provider on the Portal (“Freelance Plan”). This Freelance Plan will enable a Service Provider to choose preferred hubs for the entire fleet on-boarded to the Portal by the Service Provider, and preferred consignments for each individual truck that it is on-boarded to the Portal. Once selected, such preferences shall only be modified with the prior approval of Trip In and shall be effective only for future orders and not for orders already accepted. Further, the Service Provider shall ensure that the vehicles selected for delivery of a particular consignment are fit and proper for such delivery (for example, vehicles for transport of perishable goods must be capable of cold storage if necessary). Under the Freelance Plan, the Service Provider shall be at liberty to accept/ reject Work Orders offered to it on the ‘Trip In Partner App’ within a time window of upto 30 seconds (or such time as displayed during the booking on the Portal) from issuance of notification of such Work Order to the Service Provider on the ‘Trip In Partner App’ (“Work Order Notification”). The amount payable to the Service Provider for completing such Work Order shall be dynamic and shall be specified in the Work Order Notification. In the event the Service Provider refuses the performance of any Work Order after accepting a Work Order Notification, it shall be subject to the penalties specified in the Service Provider Terms, including the penalties set out at clause 6 (No refusal) of these Service Provider Terms.
(b) All notifications concerning the Freelance Plan in respect of each truck shall be first sent to the ‘Trip In Partner App’ registered by the Service Provider. Upon acceptance of a Work Order Notification, all necessary details in respect of such Work Order shall be transmitted to the ‘Trip In Mobile Device’ in respect of such truck. This Trip In Mobile Device shall remain in the custody of the driver of the truck at all times.
(c) A Service Provider opting for the Freelance Model shall be entitled to receive only a specified number of Work Order Notifications per day, currently fixed at 3 and the same shall be subject to change at the discretion of Trip In. In the event in view of Trip In it appears that a Service Provider has consistently declined accepting Work Order Notifications, the Service Provider shall be liable to be de-boarded from the Portal at the sole and absolute discretion of Trip In. However, Trip In may elect to not apply monetary penalties for such non-acceptance of Work Order Notifications.
Further, a Service Provider shall, upon issuance of a request to Trip In and payment of such fee as may be specified by Trip In, if any, be provided from time to time with a report on the estimated opportunity cost paid by such Service Provider on account of non-acceptance of Work Order Notifications.
(d) For avoidance of doubt, it is clarified that each Service Provider may elect to subscribe to the ‘Freelance Plan’ in addition to the ‘Attachment Plan’at the time of registration onto the Portal.
Payment for any Carriage Service rendered by a Service Provider on the Portal shall be processed within 7 (seven) business days (or such longer period as may be required on account of bank holidays, Force Majeure, etc.) of completion of the Carriage Services, provided that payments for Carriage Services rendered pursuant to an Attachment Plan or a Freelance Plan will be made within 7 (seven) business days (or such longer period as may be required on account of bank holidays, Force Majeure, etc.) of completion of each Gregorian calendar month. All payments to Service Providers shall be paid subject to applicable set-offs for any amounts or penalties due by the Service Provider to Trip In.
(a) Service Providers acknowledge that Trip In shall be entitled to levy penalties and fines on Service Providers inter alia on account of: (a) breach of Service Provider Terms and/or Service Provider Agreement; (b) any damage or loss to consignment during transit; (c) any unauthorized delay in delivery of consignment, etc. (collectively referred to as a “Breach”). It is clarified that Trip In, acting reasonably, shall be entitled to ascertain and determine the amount of penalty/ fine, having regard to the nature and extent of Breach. The Service Provider agrees and acknowledges that such determination by Trip In shall be final and conclusive.
(b) The Service Provider acknowledges that in the event of any willful, negligent or rash conduct on the part of the Service Provider or the Service Provider Employees (defined below), which inter alia results in any damage to the consignment (including pilferage, adulteration, deterioration in value, etc.), Trip In shall, in addition to imposition of penalties and fines on the Service Provider, be entitled to take such other steps as it may deem necessary, including de-registration of Service Provider and initiation of legal proceedings for recovery of loss, etc.
In the event of any cancellation by a Service Provider (including by Service Provider Employees (defined below)) on any account whatsoever, Trip In shall be entitled to levy penalties on the Service Provider, in addition to taking such other measures as it may deem fit. These measures shall include, without limitation, downgrading of the Service Provider on the Portal, imposition of minimum security deposit prior to permitting the concerned Service Provider to offer any further Carriage Services on the Portal. Please visit https://www.tripin.co.in/term-and-conditions-for-truck-partnerfurther-details.html for further details in relation to Trip In’s cancellation policies.
The Service Provider shall keep as confidential and not disclose to any third party any information concerning Trip In’s business, Services (including without limitation any software, screen layouts, manuals and process workflows), Users, clients, investors, fees, software programs, trade secrets, data stored on servers, methods or processes etc. (“Confidential Information”), without the prior written consent of Trip In. The terms and pricing of the Carriage Services, the manner of access to the Portal, the terms and pricing of the engagement between the Service Provider and Trip In, the details of the various plans, offers, promotions, advertisements, expansion plan, re-organizations etc. in effect or planned by Trip In shall be each considered Confidential Information. The Service Provider shall not by itself or by enabling or assisting a third person, reverse engineer the underlying technology of the Portal or the Services. The Service Provider acknowledges that any unauthorized use or disclosure of the Confidential Information shall cause irreparable damage to Trip In and entitle Trip In to pursue all remedies available pursuant to these terms or applicable law including levy of fines and penalties. If an unauthorized use or disclosure occurs, the Service Provider will take, at its expense, all steps that are necessary to recover Trip In’s Confidential Information and to prevent its subsequent unauthorized use or dissemination, including availing itself of actions for seizure and injunctive relief. If the Service Provider fails to take these steps in a timely and adequate manner or in accordance with the directions issued by Trip In in this regard, Trip In shall be entitled to such actions at the cost of the Service Provider. Trip In will undertake methods that are market standard to ensure that the confidentiality of the Service Provider’s registration details and details of the business transactions undertaken by it using the Portal or the Services are kept confidential. Provided however that Trip In shall be entitled to disclose such Confidential Information without the prior consent of the Service Provider to Trip In’s employees, advisors, directors, officers and agents, legal authorities and potential investors of Trip In. Trip In shall not be obligated to keep as confidential, any information that is received by it through lawful means, or information that is publicly known or available.
Trip In may, at its sole discretion, display the Service Provider’s trademark, brand name, logo, and/or insert a link to the Service Provider’s website/ contact details and display the reviews left by Users on the profile of the Service Provider or in respect of any vehicle identification number allotted by Trip In (whether with or without reference to the concerned Service Provider), or otherwise submitted by the Service Provider to Trip In for the purpose of marketing and promoting the Portal and/or the Services. The Service Provider hereby consents to such use of the Service Provider’s proprietary information.
Trip In reserves the right to affix its trademark, brand name, logo and other promotional material/ information from time to time (“Branding Material”) on vehicles of Service Providers, and the Service Providers shall ensure that such Branding Material is not desecrated or otherwise damaged in a manner that distorts the same, and in the event of any damage to the Branding Material, the Service Provider shall forthwith inform Trip In to undertake necessary measures to rectify the same at the risk and expense of the Service Provider. The Service Provider acknowledges that diversion of vehicles carrying Branding Material for any other purpose may cause considerable reputational and other damage to Trip In, and accordingly, the Service Provider undertakes that all vehicles of the Service Provider carrying Branding Material shall not, in any eventuality, be used for any purposes other than in relation to providing services on Trip In, except with the prior written consent of Trip In.
The Service Partners agree and acknowledge that they shall remain solely responsible for all acts and omissions of drivers, other agents, conductors, directors, officers, consultants, advisors and employees of the Service Provider engaged in providing Carriage Services on in the Portal (“Service Provider Employees”), and the Service Provider agrees to indemnify and hold harmless, Trip In, its directors, officers, employees and agents against any loss or liability arising out of any actions attributable to the Service Provider Employees. It is clarified that Trip In shall not, in any scenario, be deemed to be the “employer” or “principal employer” of the Service Provider Employees, and the Service Provider alone shall be responsible for payment of salaries, allowances and other contractual and statutory benefits to Service Provider Employees, including without limitation payment of mandated minimum wages, deposit of contributions pursuant to the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, the Employees’ State Insurance Act, 1948, etc.
The Service Provider undertakes to ensure that the Service Provider Employees shall, at times, display gentlemanly and workman-like conduct, and shall conduct themselves in accordance with good social etiquettes and all applicable laws and regulations. The Service Provider shall, from time to time, organize training and sensitization sessions for the Service Provider Employees at their cost and expense, to comply with their obligations in this regard. The Service Provider agrees that in the event any complaint is received by or from Trip In in relation to the conduct of any Service Provider Employee, the Service Provider shall immediately de-roster such Service Provider Employee from providing any Carriage Services in relation to Trip In, without any demur or protest. The Service Provider shall ensure that all Service Provider Employees delivering services on behalf of the Service Provider including drivers, helpers, loaders, unloaders, are physically and mentally fit, are not suffering from any disability that prohibits them from undertaking such activities and possess all applicable licenses and permits (including valid driver’s license to drive commercial light and heavy vehicles). The Service Provider shall ensure that its vehicles are not driven by any person who is inebriated or under influence and shall be solely responsible for compliance with applicable law in this regard.
The Service Provider acknowledges that Trip In is only an intermediary providing online marketplace services, and the Portal is only a platform for facilitating the interaction of the Service Provider and other Users, and other than the information voluntarily declared by Users on the Portal (which has not been independently verified), Trip In is not aware of or responsible for the goods and items being transported in vehicles of the Service Providers engaged on the Portal by Users, and Trip In disclaims any warranties, express or implied, including without limitation, any warranty in respect of the nature or contents of a consignment booked by a User. The Service Providers further acknowledge that Trip In shall not be responsible or liable for any direct, indirect, incidental, punitive, or consequential loss or damage, howsoever caused or suffered by the Service Provider or Service Provider Employees arising out of performance of Carriage Services or otherwise in relation to or arising out of the Portal, including but not limited to any loss suffered by the Service Provider on account of cancellation of a Work Order, cessation of the Portal, non-declaration or a false/ incomplete/ inaccurate declaration of goods and items by a User, etc.
The Service Provider agrees and understands that by registering on the Portal, the Service Provider shall not become an agent, employee, partner, joint-venture partner, or associate of Trip In and all interactions between Trip In and the Service Provider shall be on a principal to principal basis. The Service Provider shall not have the authority to bind the Trip In to any agreement or commitment without the prior consent of Trip In.
(a) The Service Provider agrees and acknowledges that it shall be solely responsible for compliance with all applicable laws in relation to providing Carriage Services.
(b) Trip In reserves the right to modify, terminate or suspend Services to Service Provider(s) at any time without prior notice due to any changes in internal policy or applicable law or any breach of terms by Service Provider(s) or for any reason whatsoever.
(c) Any notice or notification in relation to these terms can be made in writing to firstname.lastname@example.org.
(d) Governing Law and Jurisdiction
(i) Any dispute, controversy or claim arising out of or relating to these terms or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under applicable law shall be amicably settled through mutual consultation. If the Dispute is not settled amicably as aforesaid within a period of 30 (thirty) calendar days, the matter may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Trip In and the Service Provider.
(ii) The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Mumbai, India.
(iii)These Terms shall be governed by and construed in accordance with the laws of India and, subject to this clause, the Service Provider agrees and undertakes that subject to clause (i) above, any controversy or claim arising out of or relating to these terms will be adjudicated exclusively before a competent court in Mumbai, India only.