By using, registering, visiting our website or in any form or manner consuming the services provided by Trip In, you (“User”) are agreeing to be bound by the following terms and conditions of use (“User Terms”). These User Terms are subject to frequent updates and/or revisions by Trip In, and Trip In is not responsible to notify any person of any updates/ revisions in the User Terms. The continued usage of services, the Trip In mobile application, and/or the Trip In website platform (collectively with Trip In mobile application, the “Portal”) by a User shall be deemed as the User’s acceptance and confirmation of such updates/ revisions. Any User who does not adhere to any changes in the User Terms, must stop using the Services and immediately de-register as a User on the Portal.
These User Terms (as updated from time to time) are an electronic record as per the (Indian) Information Technology Act, 2000 and therefore, does not require any physical or digital signatures. The User agrees that by clicking “Register”, “Sign Up”, “Sign In” or otherwise accessing or using Trip In including the Portal, content or information provided as part of the Trip In services or on the Portal (collectively, “Services”), the User is deemed to have read and understood these User Terms (including all updates and/or revisions thereto) and is, with such knowledge and intent, entering into a legally binding agreement with TripIn Inc. (“Trip In”). By continuing to use the Services or visit the Portal or otherwise engage with Trip In, the User hereby represents and warrants to Trip In that the User is by himself or herself or itself (as the case may be) able to enter into a legally binding contract with Trip In under applicable laws, and is otherwise eligible to avail the Services under applicable laws.
Trip In collects and uses personal data of Users by way of cookies, beacons, unique device identifiers or logs of the User’s web browsing, operating system, device, location and IP address. By registering, Users also provide Trip In access to personally identifiable information such as name, email, address, phone number, age, company name, company website etc. of the User. Trip In also has access to the User’s contacts, phone logs, calendar, SMSes in order to provide a better user experience and more seamless and intuitive Services. If authorized by the User at the time of registration or subsequently via the Portal, Trip In may also have access to your Facebook, Google, Linkedin or other similar profiles. In providing the Services, Trip In may collect your precise geographical location. Trip In may share any or all of such information collected from Users with its partners, including its affiliates, analytics companies, marketing agencies, vendors and contractors in order to provide the Services or improve the experience of the Users on the Portal, including by way of targeted advertisements. Trip In will ensure that adequate confidentiality arrangements are entered into between Trip In and such counter parties to limit the usage and further sharing of the User’s data. Trip In may collect, store and/or process a User’s information on servers across any location in the world. If a User elects to not provide a requested information item then such User may not be able to access portions of Trip In’s Services, including the Portal.
Though Trip In will take commercially reasonable efforts to delete personally identifiable information within such periods as may be stipulated under applicable laws in India, if the User deletes his or her account with Trip In, due to nature of Trip In’s Services, Trip In or its partners may still have a copy of such information retained as cache or through accounts of other registered Users. Therefore, such information may be available with Trip In and/or its partners indefinitely.
In the course of its operations, Trip In may be required to disclose the information of a User to third persons as a result of the requirements of law, actions required to maintain the business prospects of Trip In or as a result of any merger, acquisition, liquidation, dissolution or sale of any or all assets of Trip In. By agreeing to these User Terms, the User is deemed to provide the User’s consent to Trip In for sharing such information with such third parties.
Trip In may contact the User by way of automatic notifications through the Portal, emails, telephonic conversations, SMSes, WhatsApp messages, or other similar avenues. The User may also receive system generated receipts, invoices, alerts, notices from the Portal. The User hereby agrees to receive all such communication from Trip In and in this regards any registration that the User may have with the ‘National Do Not Call Registry’ in India or other similar registrations in other countries and acknowledges that such communication from Trip In shall not amount to spam, unsolicited communication or telemarketing.
Each User is only permitted to make one account with Trip In. Any attempts by a User to create or maintain more than one registration account will be deemed as a material breach of these User Terms by the User. Only registered Users shall be entitled to avail Services on Trip In. User will be presumed to have provided accurate, true and complete details while registering and the User is under an obligation to keep such information updated at all times. Any loss suffered or incurred by the User which is attributable to the failure of the User to provide correct details or update the same on the Portal, shall be the sole responsibility of the User, and Trip In shall not be liable, in any manner or at any time, to the User for such loss or claims.
Trip In shall employ reasonable measures to maintain the confidentiality of the User’s registration details. The User ID and password are unique and should not be shared by the User with any other person. Trip In shall not be liable for any loss arising due to reasons attributable to the User’s failure to maintain such confidentiality including by sharing registration details with other persons and allowing such persons to log-in using the User’s User ID and password.
Trip In reserves the right to suspend or terminate the User’s account with Trip In indefinitely and with immediate effect if Trip In is of the opinion that the User’s account has been compromised or that the User has provided incorrect or false registration details or that the User is not accessing the account in a manner that is permitted pursuant to these User Terms or that the User has defaulted or attempted to defraud Trip In or any of its channel partners, service providers, vendors, suppliers or business associates.
Trip In shall not be liable for any inconvenience or loss caused to the User as a result of Trip In being unable to provide log-in facility to User’s registration account.
Trip In provides the following payment options on the Portal:-
(a) Credit Card
(b) Debit Card
(d) Trip In Account
Trip In Account is a unique facility offered by Trip In which enables Users to make advance payments for Carriage Services to be availed by the Users on the Portal. This facility has been made possible pursuant to a tie-up between Trip In and Axis Bank, which generates a unique virtual bank account number for each User registering on the Portal.
To make advance payments, the User can credit amounts to this virtual bank account number, and upon confirmation of receipt by Trip In, these amounts will be reflected as an advance in the Trip In Account of the concerned User. The advance amounts in the Trip In Account can thereafter be used for availing Carriage Services on Trip In. A User can, at any point in time, claim a refund of balance in the Trip In Account into their registered bank accounts. However, it is clarified that any promotional credits transferred to the Trip In Account are not refundable, and can only be used to avail Carriage Services on the Portal in accordance with the terms and conditions of such promotion. Each User is required to keep details of the virtual bank account number confidential. Further, the Users are requested to exercise caution while transferring amounts to their virtual bank account number as Trip In is not liable in the event a User erroneously transfers amount to an incorrect virtual bank account number
The User agrees that all refunds payable to the User and all penalties payable by the User shall be set off from balances in the Trip In Account, and the User authorizes Trip In in this regard.
Subject to your compliance with these terms and conditions, upon registration and download of the mobile application from an authorized source such as Google Playstore, Apple Applications, Trip In shall grant to the User a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Trip In mobile application on the User’s personal device solely for use of the Services as a User; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are deemed to be reserved by Trip In.
The User shall not: (i) remove any copyright, trademark or other proprietary notice of Trip In or any of its vendors, channel partners, advertisers, business associates, authorized representatives etc. from any portion of the Portal; (ii) reproduce, modify, amend, prepare, copy, derive, works based upon or similar to, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, information and content available pursuant to the Portal, except as expressly permitted by Trip In; (iii) decompile, disassemble, reverse engineer the Portal for any reason; (iv) link to, mirror or frame any portion of the Portal or the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Portal or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; or (vii) through his or her actions cause any part of the Portal to become vulnerable to or subject to a hacking attempt, or an attempt to modify, shut-down, cease, delay, or adversely impact the functioning of the Portal or the access of the other Users to such Portal or the Services.
The User is not permitted to allow, enable, authorize, instruct, suggest, assist, promote, disseminate or permit through negligence, access to the Services using User account by a person other than the User. Except as otherwise permitted by the User Terms, the User is not permitted to receive or provide any commercial benefits from the Services or the Portal. The User is not permitted to falsely state, represent, or imply any affiliation, association, or connection between Trip In and any person or entity, including without limitation the User, the User’s company, or the User’s site, application, destination or service
The Services and the Portal, including the manner in which they are represented and operated are the intellectual property of Trip In and by accessing the Services or the Portal, the User does not obtain a right to or interest in any intellectual property of Trip In.
The Trip In name, brand and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of Trip In or its assignees/ licensors. Trip In is the sole and exclusive owner and/or the licensee of all intellectual property rights in the Portal and the Services, and in the material published in relation to any of these.
If the User prints, copies or downloads any part of the content that is owned and/or licensed by Trip In, in breach of these User Terms, the User’s access to the Services may be blocked by Trip In and the User shall, at its own cost and to the satisfaction of Trip In, return or destroy any copies of the materials made by the User.
Trip In provides no form or representation or warranty that its Portal will be compatible with all hardware and software which a User may use. Trip In shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to the User’s mobile device), software, data or other property as a result of the User’s download, installation, access to or use of the Portal or the User obtaining any material from, or as a result of using, the Services. Trip In will also not be liable or responsible for the actions of third parties. The Portal has been constructed and is maintained in accordance with the laws of India and as such, Trip In cannot confirm whether these applications and platforms will be compliant with the laws of any other jurisdiction. Users accessing these Services from outside India are requested to confirm whether such access and usage is in accordance with the laws of their location of access and use. The User hereby grants Trip In, an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any information submitted by the User for the purpose of use in respect of the Services or for generally marketing (by any means and in any media, including, but not limited to, on the Portal) of the Services.
The User agrees and acknowledges that a vehicle booked on the Portal is required to be loaded with the consignment and subsequently unloaded as per the schedule specified on the work order generated on the Portal. In the event of a failure to complete the loading/ unloading within the designated time, for any reason whatsoever, Trip In shall be entitled to impose delay/ demurrage charges on the User as per the rates specified at https:// www.tripin.co.in/term-and-conditions-of-use-further-details.html
If the consignee refuses to accept delivery or if the consignment is otherwise not capable of being delivered for any reason whatsoever, Trip In will try to contact the User on the date of delivery of consignment and agree, on the date of delivery of consignment, on the appropriate course of action to be taken in respect of the consignment, at the risk and cost of the User. In the event Trip In is unable to contact the User or is otherwise unable to agree on the appropriate course of action on the date of delivery of consignment, it shall, at its discretion, deal with the consignment at the risk and cost of the User (including forfeiture and sale of the consignment in accordance with these User Terms). The User agrees to pay to Trip In, all costs and charges incurred by Trip In towards forwarding, warehousing, disposing of or returning the consignment and any other reasonable charges as may be levied by Trip In for facilitating the forwarding/ disposal/ warehousing/ return of the rejected consignment. The User further agrees and acknowledges that Trip In shall not be liable for any reasonable actions that may be taken in respect of the consignment in the event the User and Trip In are unable to agree on a course of action on the date of delivery of consignment.
In the event of any cancellation by a User on any account whatsoever (except on account of Force Majeure), Trip In shall be entitled to deduct the entire amounts paid by the User in relation to the Service which is being cancelled by the User, in addition to taking such other measures as it may deem necessary to prevent misuse of the Portal by the User. These measures shall include, without limitation, downgrading of the User on the Portal, imposition of minimum security deposit prior to permitting the concerned User to avail any Service on the Portal. Please visit https://www.tripin.co.in/term-and-conditions-of-use-further-details.html for further details in relation to Trip In’s cancellation policies.
For the purposes of these User Terms, “Force Majeure” shall include acts of god (including earthquakes, cyclones, floods, snow or other natural calamities), political disturbance (including war, embargoes, accidents, civil commotions, etc.) or disruptions in transportation networks (including blockage of highways).
Trip In shall, at its discretion, from time to time, introduce rewards and referral programs (“Referral Program”) for the benefit of the Users or any of them, on such terms and conditions as it may deem fit. Trip In reserves the right to add, alter, withdraw, modify or change or vary any or all the terms and conditions of its Referral Programs (including discontinuation of any or all of the Referral Programs) without assigning any reasons or without any prior intimation whatsoever to the Users. In case of any dispute, Trip In’s decision shall be binding on the Users.
Each User represents, warrants and covenants to Trip In that:
(a) It is in lawful possession of the consignment and can ship it to the delivery location without the consent of any other person;
(b) It has accurately and properly declared the nature and content of the consignment on the Portal and the consignment does not contain any dangerous/ prohibited/ regulated/ contagious goods and Trip In and/or the Service Provider (defined below) shall not be required to verify the nature or contents of the consignment;
(c) Copies of all documents required for completing the consignment (including the invoice, declarations, permits and licenses) have been duly uploaded on the Portal by the User, and no further documents are required by law or practice, for delivery of the consignment to the delivery location specified in the work order generated on the Portal;
(d) By undertaking delivery of the consignment to the consignee, Trip In and the registered truck agency providers of Trip In (“Service Provider”) will not be in breach of any restrictions under any applicable laws;
(e) Neither the User nor the consignee is a person or organization with whom Trip In may not legally trade under any applicable laws or regulations;
(f) Trip In and its Service Providers have been authorized by the User to deliver the consignment at the delivery location specified in the work order generated on the Portal, and Trip In’s obligation to deliver the consignment shall be completed upon the vehicle reaching the delivery location;
(g) That all related information and documents provided by the User relating to the consignment will be true and correct and the User acknowledges that in the event that the User makes any untrue or fraudulent statement about the consignment or any of its contents, the User would risk a civil claim and/or criminal prosecution by Trip In and/or the Service Providers; and
(h) It has obtained adequate insurance cover in respect of the consignment commensurate with its value.
The User agrees and acknowledges that Trip In shall be entitled to forfeit and sell the consignment inter alia on account of failure by the User to make any payment required to be made to Trip In, failure to reimburse Trip In for any payments made on behalf of the User by Trip In, failure to provide instructions/ agree on course of action with Trip In for dealing with rejected/ undeliverable consignments, etc.
Trip In is only a facilitator for connecting the User with the Service Provider and does not under any circumstance whatsoever, hold any responsibility for loss, damage, theft or otherwise any deterioration in value of the consignment on account of or arising out of the Services. For avoidance of doubt, it is clarified that Trip In does not own any vehicle fleet for performing Services, and all vehicles available on the Portal (including the drivers and conductors of each vehicle) are all supplied by third party Service Providers and Trip In disclaims any and all liability in respect of the Service Providers, their employees/ agents/ consultants, and their vehicles.
Further, the User agrees and acknowledges that the use of the Services is at the sole risk of the User, and Trip In disclaims all representations and warranties of any kind, whether express or implied in relation to the Services. Without prejudice to the above, Trip In makes no representation or warranties with respect to:
(a) any liability for any damages of any kind arising from the use of the Service offered by Trip In, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
(b) any responsibility or liability for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services offered by Trip In or otherwise on account of deficiency in Service or a failure of Trip In to provide Services, including but not limited to, failure of communication networks, disruption of systems and/or servers of Trip In, failure of User to comply with instructions specified on the Portal, etc.
(a) The User shall not have the right to assign any part of this agreement to any person without the specific prior written consent of Trip In, and no rights of a User under these User Terms shall be enforceable by any person other than the User. Trip In shall not be required to obtain the prior consent of the User before assigning all or any part of these terms and conditions of use.
(b) Except as expressly stated in these terms and conditions of use, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law.
(c) In the event of a conflict between the User Terms and the provisions of any other document executed inter alia between the User and Trip In or any other terms governing the relationship between the User and Trip In, the User Terms will prevail, unless such terms provide otherwise.
(d) While Trip In provides links to third party websites/ applications for a seamless user experience, Trip In does not control or regulate the content or resources provided by such websites/ applications, and neither does the same imply a recommendation or endorse the views expressed within such websites/ applications. Users are requested to read the all terms and conditions governing the use of such websites/ applications, and otherwise make an independent assessment, before accessing such websites/ applications from the Portal.
(e) In the event any User indulges in any of the following activities while availing Services, Trip In shall be entitled to levy penalties on the User, as more particularly set out at https://www.tripin.co.in/term-and-conditions-of-use-further-details.html:
(i) Soiling, damaging or misusing the vehicle in any manner whatsoever;
(ii) Pressurizing the driver to load onto the vehicle, any consignment inconsistent with the details available on the work order generated on the Portal (in terms of weight, description, quantity, etc.);
(iii)undertaking an action or suppressing any information that causes Trip In to breach applicable Law.
(f) Trip In shall be entitled to terminate any booking made by a User at its sole discretion, and with or without cause. In the event of such a termination of booking, Trip In shall forthwith refund the booking amount to the User, after deduction of applicable charges and fees, which shall be determined by Trip In as per its cancellation policy, which can be accessed at https://www.tripin.co.in/term-and-conditions-of-use-further-details.html
(g) Any complaint in respect of a Service availed on the Portal has to be made to Trip In within 24 (twenty four) hours of completion of such Service by reaching out to us on our toll free number 1800 - 103 - TRIP (8747) or by writing to us at email@example.com
(h) 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 User Terms shall be governed by and construed in accordance with the laws of India and, subject to this clause, the User 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.
In case the User wishes to obtain further clarification on the terms and conditions of use, the User can email his or her query at firstname.lastname@example.org, and Trip In will Endeavour to respond as soon as may be possible.