In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.
The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the Services provided by SMARTSHIFT. SMARTSHIFT provides a technology based service which enables the hiring of small commercial vehicles and light commercial vehicles (“Vehicle”) for Carriage by customers for a point to point service, or for time and usage based service within city limits and outside city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices (“Services”). Our Services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i. e. user(s) must be at least 18 years of age to be eligible to use our Services.
SMARTSHIFT advises its users that while accessing the web site/app, they must follow/abide by the related laws. SMARTSHIFT is not responsible for the possible consequences caused by your behaviour during use of our website/app. SMARTSHIFT may, in its sole discretion, refuse the service to anyone at any time.
This agreement (“Agreement”) applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This Agreement applies to all SMARTSHIFT Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). 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.
SMARTSHIFT may change, modify, amend, or update this Agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the Service. Your continuous use of the Services will signify your acceptance of the changed terms. User(s) shall also be bound by any amendment made in any policy or Agreement from time to time, referred to in this Terms of Service.
SMARTSHIFT is the sole owner or lawful licensee of all the rights to the web site/app and its content. Web site/app content means its design, layout, text, images, graphics, sound, video etc. The web site content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site/app and its content shall remain with SMARTSHIFT, its affiliates or licensor's of SMARTSHIFT content, as the case may be.
All rights, not otherwise claimed under this Agreement or by SMARTSHIFT.in, 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. SMARTSHIFT 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/app 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 SMARTSHIFT be liable for any direct, indirect, incidental, punitive, 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.
SMARTSHIFT 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.
All related icons and logos are registered trademarks or trademarks or service marks of SMARTSHIFT in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this app/web site is the copyright of SMARTSHIFT except the third-party content and link to third party web sites on our app/website.
Systematic retrieval of SMARTSHIFT content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from SMARTSHIFT is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of SMARTSHIFT's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. SMARTSHIFT reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the SMARTSHIFT service, or if SMARTSHIFT believes that user(s) conduct is harmful to the interests of SMARTSHIFT, its affiliates, or other users, or for any other reason in SMARTSHIFT's sole discretion, with or without cause. You shall be liable to indemnify SMARTSHIFT for any losses or expenses incurred by SMARTSHIFT due to any infringement of intellectual property rights owned by SMARTSHIFT without prejudicing SMARTSHIFT’s right to bring any legal action against you.
Links to third party sites are provided by web site/app as a convenience to user(s) and SMARTSHIFT has not have any control over such sites i.e content and resources provided by them.
Most content and some of the features on the web site are made available to visitors free of charge. However, SMARTSHIFT reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. SMARTSHIFT also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of SMARTSHIFT and/or other visitors to the web site. SMARTSHIFT reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
The following Terms & Conditions shall apply to Customers utilising the Services offered by the Company for the hiring of Vehicle:
The Customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the Services.
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.
The Customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
The customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the customer and shall pay such sums on demand on the Company.
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 Vehicle booking. The location based information will be used only to facilitate and improve the probability of locating a Vehicle for the customer.
The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the 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.
The Company shall be entitled at any time without giving any reason to terminate the booking of the truck done by the Customer. User(s) shall indemnify SMARTSHIFT with respect to any expenses incurred with respect to such booking.
In case of any Consignment being lost, in whole or in part, during the journey, Company will try to locate the same on a "best-effort" basis, however, the Company shall not be responsible for any loss or damage to the same. SMARTSHIFT aggregates vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made towards SMARTSHIFT. Further, in the event any payments from the User to SMARTSHIFT are pending for the period prescribed by SMARTSHIFT in its respective invoice, SMARTSHIFT reserves the right to exercise particular lien over the Consignment till full payment is made to SMARTSHIFT for its Services. Additionally, User(s) will be liable to indemnify SMARTSHIFT against any loss, damage or expenses incurred by us due to the custody of the Consignment during this period.
Any complaint in respect of the Services or the use of the Vehicle, the Customer has to inform Company of the same in writing within 24hours of using the Vehicle or the Services of Company.
The Company shall not be liable for any conduct of the drivers of the Vehicle. However, the Company encourages you to notify it of any complaints that you may have against the driver that you may have hired using the Company's Services.
The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www.smartshift.in or its app on the date that Company may indicate that such addition, variation or amendment is to come into effect.
All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event You place a query on our app/website including query with respect to our Services, applicable fees or terms of Service, You hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand and agree that such information shall in no event qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other applicable law.
Cancellation Policy: All cancellations made 15 mins after the booking will incur a cancellation fee of Rs 50. Cancelling four bookings after driver allocation in a day will temporarily block your account for a period of 24 hours. Your account will be activated automatically post that. Figures are subject to change
Toll Charges: In case of a toll on your trip, return toll fare will be charged.
User(s) shall not disclose any information received under the contract of service with SMARTSHIFT to any third party. Access to any information which pertains to business of SMARTSHIFT shall be kept confidential to the extent it might adversely impact SMARTSHIFT’s business. User(s) shall be liable to indemnify SMARTSHIFT against any loss of business or reputation due to the act of the user(s).
All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Company does not own any Vehicle nor does it directly or indirectly employ any drivers for the Vehicle. Vehicle and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the Vehicle alike.
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 courts of Mumbai, India shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the Agreement or arrangement between Company and the Customer.
The following Terms & Conditions shall apply to Customers utilising the Services offered by the Company for the hiring of Vehicle:
By giving us your Consignment you accept our terms and conditions set out in the Consignment Note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the Consignment or the performance of other services irrespective of whether you have signed the front of our Consignment Note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your Consignment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the Consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
If the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the Consignment and our charges (if any) for the agreed appropriate next action.
If user(s) terminates the agreement with SMARTSHIFT with respect to any Consignment, user(s) shall be liable to pay SMARTSHIFT the entire fees and other expenses so incurred with respect to such Consignment.
You undertake to us that you shall not permit any other person who has an interest in the Consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made. You will indemnify us against the consequences of the claim or action and the costs and expenses (including reasonable attorney fees) we incur in defending it.
The information contained in this website/app is for general information purposes only. The information is provided by SmartShift and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website/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.
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 SmartShift. 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, SmartShift takes no responsibility for, and will not be liable for, the portal/app being temporarily unavailable due to technical issues beyond our control.