GENERAL TERMS & CONDITIONS
1. PURPOSE
This General Terms and Conditions Policy (hereinafter referred to as “Policy”) belongs to Vedant Logitech Private Limited, a company registered under the Companies Act, 2013 and having its registered office 3rd,8-2-293/82/A/756/1//2, 36 Manhattan Office, Road Number 36 & 39, Croma, Jubilee Hills, Hyderabad, Telangana, 500033 (“Vedant” or “Company” or “we” or “us” or “our”).
Vedant is, inter alia, engaged in the business of operating a application – ‘VELO’ which facilitates logistic services on a PAN India basis.
This Policy outlines the general terms and conditions, outlining our approach towards our customer(s) and/or potential customer(s) (hereinafter individually referred to as “Customer” and collectively as “Customers”) who are willing to utilize our logistics services (hereinafter referred to as “Services”) for transporting goods (hereinafter referred to as “Consignment”).
This Policy is made available to our website available at ‘www.getvelo.app’ as well as in the VELO (hereinafter collectively and individually referred to as “Platform”).
By accessing the Platform and/or utilizing the Services, the Customer agrees and consents to the terms of this Policy.
The Company and the Customer are hereinafter individually referred to as the “Party” and collectively as the “Parties”.
2. GENERAL PROVISIONS AND MODIFICATIONS TO THE POLICY
2.1. Unless otherwise mutually agreed between the Parties, the entire engagement between the Parties with respect to the Services shall be governed in accordance with the terms of this Policy. The terms of this Policy shall also govern the relationship between the Customers and the Company.
2.2. The Services requested by the Customer shall be subject to acceptance of the same by the Company. The Company shall have the sole discretion to accept / reject any Services requested by the Customer. The Company will notify the Customer only if the Company agrees to provide the requested Services to the Customer. The notification could be made primarily on the Platform and otherwise by any medium which the Company may deem fit.
2.3. If the Company provides an intimation towards acceptance of the Services, then the Customer shall be deemed to have taken unconditional acceptance of this Policy.
2.4. The Company at its sole discretion may cancel the requested Services after the acceptance (even if such acceptance is notified to the Customer) for any reason, the Company will notify the Customer of such rejection of requested Services.
2.5. Wherein if within 30 (Thirty) days from the initiation of request of Services, the Company fails to provide any acknowledgement to the Customer, such Services shall be deemed to have been rejected by the Company without any claims or liabilities against it. In such a case, the Customer is eligible to request another Services, subject to acceptance of such newly requested Services by the Company.
2.6. The Company at its sole discretion has the right to make changes, modify, amend, or update this Policy from time to time with or without any prior notification to the Users and the amended terms and conditions of the Policy shall be effective immediately after the same being made available in the Platform. The Users shall have the right to accept/ reject such amendments made in the Policy. However, if the Users continue to stay engaged with the Company and/or access the Platform of the Company, it will signify unconditional acceptance of the amended terms and conditions.
3. DETAILS OF THE CONSIGNMENT:
3.1. Description of the Consignment
3.1.1. The Customers shall be obligated to provide the Company with a correct and detailed description of the Consignment and all such other information as may be required by the Company.
3.1.2. The acceptance of the Services relating to the Consignment is subject to verification of the description provided by the Customer.
3.1.3. The verification will be conducted prior to delivery by the Company or its representatives, and inaccuracy may incur additional charges on the Customer or may lead to cancellation of the Services in entirety.
3.1.4. Any cancellation of the Services in relation to this Clause will not create any obligation on the Company and the Customer hereby agrees and acknowledges that the Customer shall not, for any reason whatsoever, have any claim against the Company and/or against any of its employees, agents, permitted assigns, representatives with respect to such cancellation.
3.2. Marking(s) on the Consignment
Wherein any Consignment is of fragile nature, the Customer shall be responsible towards intimating the Company towards the same, in order to ensure that the Company makes necessary markings on the fragile items for safe transit. The Company shall not be responsible for any independent determination towards the nature of the Consignment and shall not be responsible towards occurrence of any damage, losses to the Consignment due to the Customer’s negligence in failing to intimate the Company with respect to fragileness of the Consignment.
3.3. Restricted Items
3.3.1. The Customer may not access the Services provided by the Company to send/ transfer/ deliver any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to the following:
- People
- Illegal items
- Firearms, weapons, ammunition, and their parts
- Alcohol
- Highly perishable food or beverages (e.g., frozen products)
- Recreational drugs, drug paraphernalia, or tobacco products
- Currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, traveler’s cheques, money orders, passports, credit/debit/ATM cards, lottery tickets, gambling devices, work of arts, antiques
- Dangerous or hazardous items, including explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid), hazardous waste (e.g., hypodermic needles), or medical waste
- Stolen goods
- Fragile items
- Sexual aids; obscene or pornographic material
- Livestock, regulated species (e.g., noxious weeds, prohibited seeds), human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens or animal parts, bloods, or fluids
- Gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds
- Any prepared food from restaurants or any other commercial prepared food vendor
- Any items for which the Customer does not have permission to send
- Any items which are strictly prohibited towards use, possess and/or transfer under applicable law.
3.3.2. The above list of Prohibited Items is not exhaustive. The Company retains the discretion to prohibit additional items that are not on the above list.
3.3.3. The Company upon becoming aware of the commission of any offence or intention of the Customer to commit any offence upon initiating or during the Services of any non-permitted item(s) or otherwise restricted items under applicable law, the Company may report such information to the law enforcement authorities and take any other appropriate action as may be available under applicable law.
3.4. Terms pertaining to delivery of the Consignment
3.4.1. The Company provides its best endeavour and reasonable efforts to meet the delivery schedules; however, the delivery timelines are mere estimates and do not imply any guarantee/ commitment. Any delay in delivery shall not entitle the Customer to claim any damages.
3.4.2. The Customer hereby agrees and acknowledges that delivery of the Consignment shall be subject to Customer clearing the timeline payment of such portion of service fee due and payable to the Company. Notwithstanding the agreed timeline of delivery agreed between the Parties, the Company shall be entitled, but not obligated, to retain the possession of the concerned Consignment unless and until the Company is in receipt of the entire consideration amount for which invoices have been raised by the Company against the Customer. Any retention of the Consignment is subject to additional charges which may be applicable to store such Consignment. Further, the Customer hereby expressly agrees and undertakes to indemnify and hold the Company and its agents, officers, employees, staffs, officers good against any expenses, costs, damages, loss incurred by it / him / her / them for retention of the possession of the Consignment due to the non-payment / delay in invoice payment caused by the Customer.
3.4.3. The Company will provide the Customer with the tracking details of the Consignment. The tracking details for the Consignment shall be shared through the Platform. It is expressly clarified that the tracking details are subject to updates from time to time and are not real time tracking details.
3.5. Delivery documentation
3.5.1. Each delivery of the Consignment will be accompanied by a delivery note/ acknowledgment receipt which shall include the necessary details pertaining to the Consignment.
3.5.2. Further, the Company will also send the necessary documents, if any, as applicable under various tax laws (e.g. Excise, Custom and Sales Tax etc..) in force or maybe required by the Company, along with the Consignment to enable the Company to take duty credit (if applicable) and for any other purpose deemed relevant by the Company.
4. INVOICE AND PAYMENT TERMS
4.1. Invoice
The Company will raise necessary invoices pertaining to the Services pursuant to notification of acceptance of such requested Services by the Company. All terms pertaining to invoices raised by the Company shall be governed in accordance with the terms laid down in the invoice.
4.2. Payment Terms
4.2.1. Except otherwise mutually agreed between the Parties, the payment terms are as follows:
- - 15% (Fifteen percent) of the total invoice amount (as specified in the relevant invoice) is payable in advance and pursuant to raising of invoice for such advance payment by the Company.
- - 85% (Eighty percent) is payable after the pick-up of the Assignment and before the date of delivery of the Consignment to the Customer and pursuant to raising of invoice for such advance payment by the Company.
4.2.2. The payment under an invoice raised by the Company is payable immediately from the date of receipt of the same by the Customer. Wherein there occurs a delay of more than 7 (seven) days from the date of receipt of invoice towards payment under the same then such delay shall, at the discretion of the Company, incur a late penalty charge of INR 1,000/- (Indian Rupees One Thousand Only) per day until such payment is cleared.
5. REJECTED OR RETURNED CONSIGNMENT
If any receiver of any Consignment (s), refuses to accept delivery of such Consignment(s), the Company may contact the Customer and may initiate the next action if it is appropriate and agreed by the Company. The Customer shall be liable to pay the Company any costs that the Company may incur in forwarding, disposing of or returning of such Consignment and any additional charges (if any) for the agreed appropriate next action.
6. REPRESENTATION AND WARRANTY
6.1. To the extent applicable, the Customer hereby represents and warrants to the Company as follows:
6.1.1. If the Customer is an individual, it is duly authorised under the Indian Contract Act and has full power and authority to adhere to the clauses of this Policy.
6.1.2. If the Customer is an organisation, it is duly organised and validly existing under the laws of its incorporation and has full power and authority to adhere to the clauses of this Policy.
6.1.3. This Policy constitutes a legal, valid, and binding obligation enforceable against it / him / her in accordance with its terms.
6.1.4. There are no legal, quasi-legal, administrative, arbitration, mediation, conciliation or other proceedings, claims, actions, governmental investigations, orders, judgments, or decrees of any nature made, existing, or pending, or, to its best knowledge, threatened or anticipated, which may prejudicially affect the due performance or enforceability of this Policy and applicable invoice, or any obligation, act, omission or transactions contemplated hereunder.
7. INDEMNIFICATION
7.1. The Customer (“Indemnifying Party”) hereby agrees and undertakes to indemnify and hold the Company, along with its employees, representatives, permitted assigns (collectively referred to as “Indemnified Parties”), harmless from any direct loss, damage, claim, litigation, proceedings, costs. expenditures arising out of or in connection to
7.1.1. any breach of the terms (including all representations, warranties, and respective obligations) of this Policy and / or non-performance on part of the Indemnifying Party and/or any person acting on its behalf pursuant to the terms of this Policy
7.1.2. any violation of any Applicable Law
7.1.3. any third-party claims for reason solely attributable to the Indemnifying Party
7.2.Except for any liability which cannot by law be excluded or limited, the Company shall not be liable to the Customer or any other third party claiming through such for indirect, incidental, special, punitive, or consequential damages, royalty, including without limitation, damages for loss of profits, business interruption, loss of goodwill or unauthorised access to information incurred by the Customer or any third party arising out of, or relating to any acts or omission of the Company and, whether framed as a breach of warranty, in tort, contract or otherwise even if the Company has been advised of the possibility of such damages.
8. CANCELLATION OF CONSIGNMENT
8.1. Notwithstanding anything to the contrary, the Customer has no right to cancel the order in transit or otherwise. However, cancellation of Services is allowed pursuant to specific terms laid down in Cancellation and Refund Policy
8.2.1. The Company shall be entitled to cancel all or any part of the requested Services, without any claims or liability to the Customer, if Customer:
1. repudiates or breaches any of the terms of this Policy, including Customer’s warranties
2. the Customer provide incorrect details of the Consignment
3. the Customer fails or intends to hamper the Company’s progress, to ensure the timely and proper manner completion of requested Services; and does not correct such failure or breach at the Company’s request.
However, the Customer and the Company shall make every effort, in a spirit of constructive cooperation, to mitigate the damaging consequences of this failure.
8.2.2. In addition to any other rights of Company to terminate the Services, Company may, at its option, immediately cancel all or any part of the requested Services, at any time and for any reason, by giving prior intimation to the Customer, without any claims or liability to the Customer.
8.2.3. The Parties hereby agree that, if in case the requested Services are cancelled in accordance with clause 8.2 above, the Company shall not be liable for and shall not be required to refund the advance amount paid by the Customer with respect to such Services. Further, in case the requested Services are cancelled in accordance with clause 8.3 above, the Company shall be required to refund the advance amount or relevant portion thereto (based on the portion of the cancelled Services) to the Customer.
8.2.4.Notwithstanding anything stated in Clause 8.2 and 8.3, the Company shall not, in either case, be entitled to pay, whether directly or on account of claims by Customer, for loss of anticipated profit, unabsorbed overhead, interest on claims, other costs, charges and expenses, if any, for cancellation of Services.
9. No Implied Waiver
Failure of the Company to exercise or enforce any right under this Policy upon one or more occasions shall not constitute a waiver of the right to exercise or enforce the same or any other right on another occasion.
10. Subcontracting
The Company may subcontract to any third party the execution, in whole or in part, of the Services, which the Customer shall not deny and shall not be in violation of any terms of this Policy. Further, such subcontractors appointed in all circumstances would be under the authority and complete responsibility of the Company.
11. Force Majeure
The Company shall not be liable for any non-performance or delays in or failure in performance hereon, its part, if and to the extent caused by occurrences beyond its control, including but not limited to, acts of god, decrees or restraints of the government authority, strikes, or other labour disturbances, war sabotage, change of law, refusal on the part of any government, government agencies, pandemic, bank and other competent authority to grant any necessary permit licence or sanction or deciding to revoke or qualify and such permit or in the event of any other supervening clause rendering, performance or further performance of any of the obligations impossible in accordance with the most liberal interpretation of the Sec. 56 of the Indian Contract Act, 1852.
12. Entire Understanding
12.1. This Policy constitutes the entire understanding between the Company and the User in relation to the terms this Policy shall supersede any prior understanding or representation of any kind preceding the date of this Policy.
12.2. This Policy shall be read with the privacy policy cancellation policy, refund policy and insurance policy (“Ancillary Documents”). If there exists any contradiction between the terms of this Policy and that of the Ancillary Documents, the terms of this Policy shall prevail, unless otherwise expressed in writing by the Company.
13. Severability
In the event that any of the terms, conditions or provisions of this Policy are determined invalid, unlawful or unenforceable, to such an extent, such terms, conditions or provisions shall be severed from the remaining terms, conditions and provisions and such remaining terms, conditions and provisions shall continue to be valid to the fullest extent permitted by law, provided however if such invalid, unlawful or unenforceable terms, conditions or provisions may be made legal, valid and enforceable by limitation or modification thereof, then the term, condition or provision shall be revised and reformed to make it legal, valid and enforceable to the maximum extent provided by law.
14. Change in Laws
Any additional cost or benefit impacting the price because of change in any laws, towards taxes levied, including eligible credits, in respect of requested Services under the invoice or otherwise, then the Customer and the Company agree to an adjustment to such price. Change in laws states occurrence of any of the following event after submission of bid and during the performance of this Policy:
a) The enactment of any new Indian laws; or
b) The repeal, modification or re-enactment of any existing Indian Laws; or
c) The commencement of any Indian Laws, which has not entered to effect until the date of invoice; or
d) A change in the interpretation or application of any Indian laws, by a judgment of a court of record which has become final, conclusive and binding, as compared to such interpretation or application by a Court of record prior to the date of invoice; or
e) Any change in the rates of any of the taxes that have a direct effect on the invoice.
15. Jurisdiction
15.1. This Policy and all the invoices rendered to Customer are subject to all the applicable laws and regulations of India.
15.2. Any actions or proceedings by the Company against the Customer or by the Customer against the Company shall only be brought in the courts of Hyderabad.
16. Entire Understanding
16.1. This Policy constitutes the entire understanding between the Company and the Customer in relation to the terms this Policy shall supersede any prior understanding or representation of any kind preceding the date of this Policy.
16.2. This Policy shall be read with the general terms of Ancillary Documents (“Ancillary Documents”). If there exists any contradiction between the terms of this Policy and that of the Ancillary Documents, the terms of this Policy shall prevail, unless otherwise expressed in writing by the Company.
17. Grievance Redressal
17.1. If there are any complaints or issues with regards to terms specified in this Policy, please contact us at info@getvelo.app. We will make every effort to resolve User’s issue in a timely and satisfactory manner.
17.2. If the User is not satisfied with the resolution provided by the Company, the same may be escalated to Our Grievance Officer, Mr. Sukumar Suppala at info@getvelo.app. Our Grievance Officer will review the issue and work with the User to find a resolution.
Operating under brand name of Velo