Terms Of Service
Welcome to TRICARGO Express Logistics Pvt.Ltd. The TRICARGO.com website, (the “Website”), the associated services (the “Web App”) and other services offered by TRICARGO are owned and operated by TRICARGO, Inc. (“TRICARGO” “we” or “us”). The Website and Web App (the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who seek same-day courier services to certain destinations (“Services”) to be matched with registered couriers, who may be TRICARGO employees or independent contractors (“Couriers”).
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH TRICARGO OFFERS YOU ACCESS TO AND USAGE OF THE PLATFORM AND SERVICES.
1. These terms of service (these “Terms”) constitute a legal agreement between you and TRICARGO. In order to use the Platform and Services you must agree to these Terms. By using the Platform or receiving any Services, including downloading, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.
2. CHANGES TO TERMS OF SERVICE
We reserve the right to modify these Terms or its policies relating to the Platform or Service at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform or any Service after any such changes will constitute your consent to such changes.
3. PRIVACY
You should carefully read our full Privacy Policy before using the Platform and Services as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information, within the terms of the Privacy Policy.
4. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
A) Subject to your compliance with these Terms, TRICARGO hereby grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any publicly available TRICARGO content solely for your personal and non-commercial purposes; and (ii) to view any other content on the TRICARGO Platform to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
B) You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Service, except as expressly permitted herein
C) By using the Platform and Services, you agree that you:
- will only use the Platform and Services for lawful purposes;
- will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
- will not use the Platform and Services to cause nuisance, annoyance or inconvenience;
- will not impair the proper operation of the network;
- will not try to harm the Platform or Services in any way whatsoever;
- will provide us with whatever proof of identity we may reasonably request; and
- will only use an access point or data account that you are authorized to use; and are aware that when requesting services using SMS, standard-messaging charges will apply.
4. USER AGREEMENT, REPRESENTATIONS AND RESTRICTIONS
A) In order to access the Service, you will be required to register for a TRICARGO account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”); (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees (accessible on the Website) to be charged for your use of the Services (the “Fees”); and (d) authorize TRICARGO or its third party service providers to charge your Credit Card for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You are responsible for all reasonable costs incurred by TRICARGO in attempting to obtain payment of Fees, including any attorneys’ fees, collection agency fees, interest fees and court costs.
B) You represent and warrant to TRICARGO that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform and Services; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms;
C) You further represent, warrant and covenant that: (i) you are at least 18 years old and have the power, and authority to enter into and perform your obligations under these Terms; (ii) all information you provide to TRICARGO, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card used to pay any Fees incurred from use of the Services; and (iv) you have provided and will provide accurate and complete registration information.
5. RIGHT TO TERMINATE
We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the TRICARGO Platform and Services, without notice, for any reason. You agree that TRICARGO will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.
6. CUSTOMER INSURANCE CLAIMS
A) Any claims for Customer Product missing or damaged as a result of Services shall be processed in accordance with the Customer insurance coverage (“Claims”).
B) Claims must be submitted in writing by the sender within 7 business days from the time of delivery or the claim will be deemed waived by the shipper.
C) All Claims must include the order or tracking number, pickup date, description and/or photo of product missing or damaged, and the documented replacement value of the item(s).
D) TRICARGO will not be liable for any concealed damages, as the Customer is responsible for properly packing and sealing items, and we do not inspect the viability of such packaging prior to accepting goods for at pickup.
E) A delivery signature or photo documentation will be considered prima facie evidence that the shipment and all of its contents were delivered intact and undamaged.
G) Claims for damages to goods that do not meet all other TRICARGO Terms of Carriage will not be considered valid claims.
7. DISCLAIMER OF WARRANTIES
A) TRICARGO does not represent or warrant that (a) the use of the platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the service or platform will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the platform will meet your requirements or expectations, (e) errors or defects in the service or platform will be corrected, or (f) the platform or the server(s) that make the platform available are free of viruses or other harmful components. The platform is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are hereby disclaimed to the maximum extent permitted by applicable law by TRICARGO. You acknowledge and agree that the entire risk arising out of your use of the platform and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
B) INTERNET DELAYS
The TRICARGO platform and services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. TRICARGO is not responsible for any delays, delivery failures, or other damage resulting from such problems.
9. Waiver
The failure of either party at any time to fulfill required performance by the other of its obligations under the terms or provisions of this agreement, shall in no way affect the right of that party to later enforce such provisions not shall the waiver by either party of any branch of any of the terms or conditions of the agreement be taken to be a waiver of any subsequent branch of any such term or condition or as a Containing waiver of such term and condition.
10. INDEMNIFICATION
You shall indemnify and hold harmless the Company its licensee, affiliates, service partners, service providers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, other Policies, or your violation of any law, rules or regulations or the rights of a third party.
11. PAYMENT, PRICING AND PROMOTIONS
Any Fees are due immediately and are non-refundable, unless a prior invoicing arrangement has been made with TRICARGO. All payments must be made via (a) check (which must be received by TRICARGO no later than the due date specified in the invoice), (b) wire transfer, (c) , or (d) Wallets . Payments are to be made in Indian Rupees. Customer will pay a late fee of 5.0% per month or the highest rate allowed by law, whichever is lower, on any overdue amounts. TRICARGO reserves the right to determine final prevailing pricing and the pricing information published on the website may not reflect the prevailing pricing.
12. TERMS OF CARRIAGE
You further agree to the following “Terms of Carriage” for all TRICARGO Services provided. These Terms of Carriage apply to TRICARGO, it’s Couriers, employees, and contractors.
A) PACKAGE SIZE AND WEIGHT - Our pricing estimates are based on deliveries that can fit easily in a bike, Mini van. Packages that require special handling due to their cubic volume, shape, size, or weight will require additional coordination and may be subject to additional charges or delivery time.
B) PACKAGES NOT PREPARED FOR SHIPPING - A Courier will arrive to pick up your package at a time based on the estimated time of arrival (“ETA”) quoted to you on the Platform. If your package is not ready for pickup within 10 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your TRICARGO may need to be rescheduled at the Courier’s sole discretion, or TRICARGO may elect to charge an additional Rs.5 per minute until the package is ready for pickup or adequately prepared for shipping.
C) RESTRICTED ITEMS - The following items shall be considered as “Restricted Items” and are not acceptable for shipment by TRICARGO: firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials .
D) Any package with an odor or any package that is wet or leaking will NOT be accepted for carriage. If a shipment damages or contaminates any property, the shipper will be held responsible for and will reimburse TRICARGO for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.
E) RIGHT OF REFUSAL - TRICARGO and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if:
the package could potentially cause damage to other packages, equipment, or employees or contractors;
the package is likely to sustain damage or loss during transit, as solely determined by TRICARGO or its Couriers;
- carriage of the package requested may violate these Terms;
- carriage of the package may be in violation of local, state, or any other applicable laws; or
- acceptance of the package may place in jeopardy our ability to provide service to another customer.
F) COD DELIVERIES - TRICARGO and its Couriers do not offer Collect on Delivery (“COD”) service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.
G) CANCELLATIONS - Once a Courier has accepted a submitted TRICARGO request, any cancellation or changes must be made before the Courier arrives at the Pickup Address. If the delivery is cancelled any time after arrival at the Pickup Address, the full charge may apply.
H) RE-DELIVERY ATTEMPTS - If the recipient is not available or if the delivery address provided cannot be found at the time of delivery we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender. Return to sender trips, re-routing and any re-delivery attempts will result in additional charges to the sender.
I) WRONG OR RE-ROUTED ADDRESSES - TRICARGO will attempt to complete delivery to the address provided by the sender at the time of order submission. It is the sender’s sole responsibility to provide TRICARGO with the correct destination address for the intended recipient, and the sender agrees that TRICARGO will not be responsible for any losses, damages or other issues caused by delivery to the address provided by the sender. A signature from an adult at the submitted destination address will serve as evidence of the completion of delivery as agreed upon, if requested.
J) In the case that the sender provides TRICARGO with the wrong destination address, TRICARGO or its Couriers will attempt to contact the shipper and receiver to obtain the correct destination address. Additional charges may be incurred for any delays due to incorrect shipping information.
K) Re-routing requests placed once a package is in transit will be honored, but may be subject to additional delivery charges, hold fees, or delays.
L) REJECTION OF DELIVERY - If the recipient refuses to accept delivery of a package, we will, when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests return of the package, the sender will incur further charges for the return of the package subject to standard TRICARGO rates. If a package cannot be delivered to the original recipient, or returned to the original sender, the package may be held, transferred or disposed of by TRICARGO in its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.
M) INSPECTION - We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice.
N) COURTESY QUICK QUOTE - The courtesy rate reflected in the “Quick Quote” provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors. Consult the applicable TRICARGO FAQ for details on how shipping charges are calculated and quoted.
13. NOTICE
TRICARGO may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record.
14. DISCLOSURE AND INJUNCTIVE RELIEF
A) TRICARGO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the TRICARGO Platform and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TRICARGO rights or property, or the rights or property of visitors to or users of the TRICARGO Platform and Services, including TRICARGO customers. TRICARGO reserves the right at all times to disclose any information that TRICARGO deems necessary to comply with any applicable law, regulation, legal process or governmental request. TRICARGO may also disclose your information when TRICARGO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
B) You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to TRICARGO, for which monetary damages would be inadequate, and you consent to TRICARGO obtaining any injunctive or equitable relief that TRICARGO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TRICARGO may have at law or in equity.
15. SEVERABILITY
You and TRICARGO agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
16. ASSIGNMENT
TRICARGO may assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without TRICARGO prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
17. FORCE MAJEURE
TRICARGO will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond TRICARGO control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
18. ARBITRATION
The parties shall be referred to a single arbitrator in Company should there be any dispute during the course of business. If the parties cannot agree within one mount of a single arbitrator, then a panel of three arbitrators will be appointed to have the full power to resolve the matter.
19. CONTACT TRICARGO
If you have a question or concern about these Terms, please contact TRICARGO Support by mail: trishul@tricargoexpresslogistics.com