PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
You agree to and understand the following in its entirety:
The legal entity You are entering into this User Agreement with is 99Transporters, a sole propertiorship firm registered under the name “Trans Info Media” at Bangalore, Karnataka.
Payment processing services for Shippers and Service Providers on the 99Transporters software platform are provided by 3rd party vendor and their Terms of Service. By agreeing to this User Agreement, You agree to be bound by their Services Agreement, as the same may be modified by payment providers from time to time. As a condition of 99Transporters enabling payment processing services through them, You agree to provide 99Transporters with accurate and complete information about You and Your business, and you authorize 99Transporters to share it and transaction information related to Your use of the payment processing services provided.
• 99Transporters does not guarantee any last minute pricing, delivery delays, logistics hurdles, or any other terms of business between you and other users of 99Transporters’s Services.
• 99Transporters does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute when engaging in business with other users.
• We at 99Transporters are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with another user of our Services. If you do not agree with the foregoing, please do not use our Services.
Login Access - 99Transporters discourages You against sharing anyone with access to your login credentials to your user account. However, if You do give someone your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions the person performs while using your account, even if those transactions are fraudulent or You did not intend or want them performed.
1. License and Acceptable Use.
The 99Transporters Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto.
99Transporters grants to you a non-exclusive, non-transferable (except as permitted below), limited license to make use of the 99Transporters Services. This license does not include any resale of 99Transporters Services, or its contents. You may not collect and/or use any shipment listings, descriptions, or prices for any reason.
All rights not expressly granted to You in this User Agreement are reserved and retained by 99Transporters or its licensors, suppliers, users, rights holders, or other content providers. No 99Transporters Service, nor any part of any 99Transporters Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 99Transporters. You may not misuse the 99Transporters Services. You may use the 99Transporters Services only as permitted by law.
Shipper/User/Customer. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance (“Shipper/User/Customer”). The Shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a third party that is neither. On 99Transporters, Shippers may be referred to as the “User” or “Customer” or “Shipper”.
Transportation Service Provider (TRANSPORTERS). Any party, person, agent, transporter or Carrier that provides freight (or passenger) transportation and related services to a Shipper or agency. For the transportation of goods, this includes Carriers, Brokers, freight forwarders, and third-party logistics providers. On 99Transporters, Transportation Service Providers may be referred to as “Service Providers” or “Transporters”
Transporter/Carrier/Service Provider. A person or company who provides transportation of goods (or passengers) for compensation.
Broker. A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of Carriers, are not Brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments that they are authorized to transport and they have accepted and legally bound themselves to transport.
3. Neutral Platform.
99Transporters is a Neutral Venue and operates digitally through a reverse bidding process. 99Transporters is not a Transportation Service Provider or Shipper or Carrier. Our website acts as a platform where Users and Transporters can interact and enter into agreements.
99Transporters is not a mediator party to any shipping agreement made between 99Transporters users via our 99Transporters software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.
99Transporters does not prequalify or validate the claims or qualifications of TRANSPORTERSs, nor does 99Transporters prequalify or validate the claims of Brokers including those related to compliance.
99Transporters does not endorse, recommend, or refer any specific TRANSPORTERS or Shipper, nor does 99Transporters have any control or influence over actions or decisions made by users of the Service.
All users of the 99Transporters software platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. Because we are not involved in the actual transaction between Shippers and TRANSPORTERSs, we have no control over the accuracy of listings, the ability of TRANSPORTERSs to transport items, or the ability of Shippers to send items.
99Transporters cannot ensure the Shipper or TRANSPORTERS will actually complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the 99Transporters software platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any user’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other user.
4. Access to Site and Services.
• You agree that You can form legally binding contracts under applicable laws.
• Our Services are not available to temporarily or indefinitely suspended 99Transporters users.
• You acknowledge that You are at least 18 years of age and you have reached the age of majority in the state or jurisdiction where You live or reside. If You are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which You live or reside, You may not use our Services.
• Your 99Transporters account may non-transferred or cannot be sold to another party. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. If You are using our Services as a Broker, you agree that you possess the authority to act as a Broker on behalf of a Shipper or TRANSPORTERS.
Users who engage in the transportation of goods must have a valid license/registered company/sole propertiorship license to operate the vehicle they intend to use.
• You agree that the 99Transporters Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the 99Transporters website as a means to sell or market any types of goods or products, unless specifically allowed by 99Transporters in writing.
• You are responsible for reading all terms, conditions, and tariffs published by transporters when booking shipments on 99Transporters.
• You are agreeing to the mentioned terms, conditions, and agreed compensation, and entering into a legally binding agreement with the transporters, unless the transaction is prohibited by law or by this User Agreement.
• You acknowledge that, unless otherwise noted by the TRANSPORTERS, pickup dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered
• Shipment Inspection - A TRANSPORTER reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this User Agreement or by law.
• IMPORTANT: 99Transporters does not actively screen or qualify TRANSPORTERSs for compliance with federal, state or local laws and national regulations,
• It is recommended that You confirm such compliance directly with the TRANSPORTERS before services are rendered by the TRANSPORTERS.
6. Transportation Service Providers.
• You must legally be able to transport the shipments You engage with through 99Transporters.
• You agree that it is your sole obligation to comply with all laws, rules, statutes, and regulations that may apply including any and all local, state, and national permits/licensing requirements.
• TRANSPORTERSs agree that, through the various products and features on 99Transporters, they are solely responsible for all aspects of services, pricing, and terms they offer the Shipper.
• IMPROTANT - Rates, services, and terms are solely provided by the TRANSPORTERSs and not by 99Transporters. 99Transporters does not verify or adhere to the terms put forth by the TRANSPORTERS, which are available on the TRANSPORTERS’s public profile. These TRANSPORTERS terms may not directly violate 99Transporters’s User Agreement. You understand and acknowledge that all shipment information is provided by other registered users and 99Transporters has no control over or responsibility for the accuracy of this information.
• You are responsible for reading all of the shipment details, and by booking shipments on 99Transporters, you are entering into a legally binding agreement to complete the services as requested by the Shipper.
7. Subscription Payments.
• Shippers may be given multiple payment options from a TRANSPORTERS and is solely to be managed between the two parties until an exclusive deal is offered on the platform.
• 99Transporters Payments is not an escrow service and each individual user is solely in control of payments made through 99Transporters or in-person or any of our channels.
• 99Transporters has no control over the payments between users or the release of funds.
• 99Transporters shall have no liability or be otherwise indebted to the TRANSPORTERS if the Shipper fails to satisfy the condition of payment, nor will 99Transporters be liable to the Shipper for any damages, missing items, or other service level issues that occurred during the shipping process. It is the responsibility of Shipper to as for necessary insurance from authorized vendors to make sure their shipments are insured
• Transporters may be required to pay subscription charges basis the services opted on 99transporters platforms. Could be in the form of advertisements, premium shipping, or monthly/annual subscriptions.
8. Pricing and Price Variations.
• 99Transporters does not set or control prices offered by Shippers or TRANSPORTERSs. Quotes and offers Shippers receive from TRANSPORTERSs are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes, then TRANSPORTERSs may bill a different amount than the original quote, and the user shall be responsible for all additional costs incurred.
9. Transit time.
• Transit times are not guaranteed by 99Transporters. If the dimensions and/or weight of the shipment vary from the original quote, the TRANSPORTERS may charge additional amounts above the quoted price and the user shall be responsible for all additional costs incurred.
• TRANSPORTERSs may require the use of additional equipment and/or services to complete delivery of a shipment, in such cases, the TRANSPORTERS may invoice the Shipper to reflect the additional transportation costs and the user shall be responsible for payment of all additional charges.
• Shippers will be notified of any price changes or new fees that are requested through 99Transporters or via other communication medium
10. Transaction Fees.
• You are solely responsible for all transactions conducted through your account and for paying all fees incurred by any users of your account as well as all applicable taxes.
• Some features on 99Transporters may require a payment method to be on file with 99Transporters. You authorize 99Transporters to charge any applicable fees to the payment method(s) You provide to us. 99Transporters reserves the right to waive or change our fees, penalties, or interest at any time.
• We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period indicated in writing by 99Transporters.
a) Basic Fees. There are no registration fees for basic Shipper (personal or business), Broker or Transporter accounts. However, 99transporters reserve the right for charging subscription based payment basis the category opted by transporters.
b)Shipper Listing/Posting Fees. 99Transporters may collect a small fee for featured listings in order to list a shipment. The amount for such a listing fee, if any, will be displayed to users before listing any shipment.
c)GST Charges. 99Transporters may collect a GST fee from the transporters in future at the time of buying subscriptions as per applicable rate regulated by India government. The amount for such a Service Charge, if any, will be displayed to the Shipper before buying the plan. This fee is non-refundable.
d) Penalty Fees. There are no penalty fees applicable. However, it is sole discretion between the shipper and transporter while doing the transaction to honor their agreement.
11. Web, Android & iOS application usage.
When using the Services on a mobile device (Android or iOS apps) and/or the 99Transporters mobile application, you shall:
• 99Transporters does not warrant that the mobile application will be compatible or interoperable with your mobile device or any other piece of hardware, software, or equipment.
• Furthermore, you acknowledge that compatibility and interpretability problems can cause the performance of your mobile device to diminish or fail completely, and may result in permanent damage to your mobile device, and corruption of the software of and files located on your mobile device, and 99Transporters shall have no liability should these problems arise. You assume all responsibility and risk for the use of the 99Transporters Services and mobile applications.
12. Claims & Loss of Goods.
•All cargo claims should be submitted immediately by the Shipper to the selected TRANSPORTERS to help ensure timely resolution, and 99Transporters shall have no liability or responsibility for same.
13. Info You Share.
• You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services.
• Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent.
• You authorize 99Transporters to use the information You supply to us in connection with our Services and in accordance with this Agreement.
• You acknowledge and agree that our Services act as a passive conduit for any and all communication and/or distribution of information and such communication and/or distribution does not constitute a sale of information.
Furthermore, You expressly represent and warrant the following:
(1) You are the owner, with all legal rights thereto, of any and all communication, content and/or information that You post on the 99Transporters Services, or;
(2) To only that extent to allow us to use your communication, content, and/or information and not violate your rights in the same;
14. 99Transporters User/Content Moderation.
• The 99Transporters Services are self-policed by 99Transporters users via a flagging system that is used to communicate the policies of the 99Transporters User Agreement and Flagging Policies.
• A registered user who receives a red flag on three separate occasions is subject to suspension of their account.
• 99Transporters reserves the right to edit, amend, or delete any information posted on the 99Transporters Services if, in the sole opinion of 99Transporters, it is in violation of any policy or the Community Rules and Guidelines.
15. Information Posted Publicly.
Unless otherwise indicated, shipping transaction activity on 99Transporters is intended to be made public, and You are authorizing 99Transporters to use or repurpose this information within the scope of the 99Transporters Services and this Agreement, including in a user identifiable manner. In order to maintain the safety, security and integrity of the 99Transporters Service, You may not provide contact information to other users prior to booking and never on any public area of the site.
b) Some portions of the 99Transporters platform implement Google Maps . Your use of Google Maps is subject to Google’s Terms of Service.
16. Prohibited Activities.
• 99Transporters may suspend or remove your account if we suspect that You have engaged in prohibited activities in connection with our Services.
• 99Transporters reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that users submit on our Services.
• Users may not manipulate or attempt to manipulate other users’ 99Transporters accounts.
17. Right to Suspend or Remove Users.
• We reserve the absolute right to reject or suspend your participation, or remove You from your current participation, with the 99Transporters Services at any time and for any reason or for no reason and without notice to You.
• We are not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios that may result in the suspension or removal of your participation include but are not limited to: flagging; abusive or hostile behavior; unresolved disputes; creating and/or maintaining multiple accounts or relation to other accounts; committing fraud or violating this User Agreement; and, poor performance on the site (high cancellations, negative feedback, etc.). 99Transporters has no obligation to disclose the reason for actions taken under this section. All decisions are final.
• For each 99Transporters transaction, the Shipper and TRANSPORTERS are allowed to rate each other by leaving feedback for one another.
• Feedback should be left only after a shipment has been delivered or a cancellation has been completed.
• Feedback for TRANSPORTERSs consists of the Shipper leaving a star rating (with a 1-star rating being the lowest and a 5-star rating being the highest), writing a short comment about their experience with the TRANSPORTERS, and indicating if they would or would not work with the TRANSPORTERS again for future shipments.
• Feedback for Shippers consists of the TRANSPORTERS leaving a rating (positive, negative, or neutral) and writing a short comment about their experience with the Shipper.
You agree that You will not use your 99Transporters feedback in any venue other than 99Transporters. Users should always use caution and good judgment when leaving feedback for another user because You could be held legally responsible for damages to a user’s reputation if any legal arises due to this event .
a) Resolving Feedback Disputes.
To maintain the integrity of the feedback system, feedback left for a user is a permanent part of that user’s profile. Feedback comments cannot be edited at a later date. Users should resolve any misunderstandings prior to leaving feedback, as most misunderstandings can and are resolved quickly through direct communication. There may be times when You are unhappy with, disagree with, or regret feedback that You left for another user, or that may have been left for You.
If You have a disagreement over feedback that has been left, You have the following options to respond:
Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other 99Transporters user.
Mutual Feedback Withdrawal. If both users are able to resolve a problem after feedback has been left, You can mutually agree to withdraw the feedback rating and comment. Both users must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both users.
Feedback Comment Withdrawal. 99Transporters will remove individual feedback comments only in very rare circumstances, such as but not limited to, when they violate certain 99Transporters policies and instances when 99Transporters receives a valid court order to remove feedback.
19. Dispute Resolution.
All Disputes between You and 99Transporters regarding service provided by transporters need to resolved basis your mutual consent. We are a neutral venue, however, we are not responsible for successfully resolving any disputes, nor are we responsible for any decisions made or actions taken in a reasonable effort to assist in the resolution of a dispute involving You. If You report a dispute to 99Transporters, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party.
20. Prohibited and Restricted Items.
You may not list any shipment on our site that violates any applicable law, statute, ordinance, regulation, or includes prohibited items. Prohibited items are defined as hazardous or dangerous goods that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on 99Transporters. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be listed on 99Transporters - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of, or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information.
You are solely responsible for any and all taxes, levies, charges, and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by 99Transporters.
23. Record Keeping/Audit.
99Transporters reserves the right to keep all records of any and all transactions and communications between You and other users for administration purposes in accordance with all applicable laws and regulations. All records will be kept in accordance with applicable privacy laws and regulations.
24. Limited Liability and No Warranty.
• You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, or tools including those of third-party solution providers.
• You further acknowledge that operation of and access to our sites, Services, or tools including those of third-party solution providers may be interfered with as a result of technical issues or numerous factors outside of our control.
•You agree that 99Transporters is not responsible for any failures, delays, outages, or otherwise not making the Services available at any time.
• You agree that You are making use of our sites, Services, and tools including those of third-party solution providers at your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, warranties of title, and fitness for a particular purpose.
• You agree to indemnify and hold 99Transporters and our officers, directors, agents, advisors, attorneys, accountants, and employees harmless from any claim or demand, including the cost of your attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, misuse of 99Transporters’s Services, or violation of any law or the rights of a third party.
26. Legal Compliance.
• You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the 99Transporters Services and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
27. Trademark and Domain Name Protection.
• The 99Transporters Services contain trademarks, trade names, trade dress, service marks, domain names, and other indicia of ownership (collectively the "Marks") owned or licensed for use by 99Transporters. Unless otherwise agreed to in an Addendum to this Agreement, You agree that no right, property, license, permission, or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof.
• 99Transporters uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Services can be interrupted by numerous factors outside of our control.
29. Governing law.
• This agreement and your use of the services shall be governed by the laws of the state of Karnataka, without regard to principles of conflict of laws.
30. Other Terms and Conditions.
• You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the 99Transporters Services at any time. You agree that any additional terms and conditions that apply to your use of our Services shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that, if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth in those additional terms shall govern.
Agreement. Users are encouraged to read this document in its entirety and consult with independent legal counsel regarding questions.