TERMS AND CONDITIONS

Our website & App is used for providing services to the Customers and it is a privacy policy governed by the owner and relationship with Customers who login on to our website & App and shall agree to be bounded to the terms and conditions below:

This document is put forth as per provision and according to the Rule 3 (1) of Information Technology Rules 2011. This document is an electronic generated record saved in the computer system which shall not require any physical or digital signatures.

The domain name www.cogostech.com & www.cogostrucks.com (hereinafter referred to as "Website") are owned by Cogos Technologies Pvt. Ltd., a private limited Company, having its registered office at # 38, 3^rd Floor, 33 A Cross, 9^th Main, Jayanagar 4^th Block, Bengaluru 560011.

Access to and use of this website or App is subject to acceptance of the terms and conditions below which include our Privacy Policy. By accessing, moving past home page, once using or obtaining any content, products, or services through this Website & App shall mean that you have read and agreed to all of the policies so binding on you and that you have entered the contract with us and have undertaken to bind Yourself with the obligations, and the terms and conditions with us.

If you do not agree or accept all of these terms and conditions, please do not use this website or App.

"We" or "us" or "Company" or "Cogos Technologies Private Limited" or "www.cogostech.com" or “www.cogostrucks.com” means Cogos Technologies Private Limited and its subsidiaries, affiliates, successors and assigns.

"You" or "User" or "Customer" or "member" means any Company or group of Companies or individual person, natural or legal person who browses, accesses, or utilizes the site, or any of its pages availing the services, by providing details, while registering on the Website or on the App, has agreed with the terms and conditions and chooses to become a Member and an ID is issued with a password for the services offered by Cogos Technologies Pvt. Ltd,

"User ID" or "Member ID" means the email address or mobile no. you use (with your password) to login to our website or App.

"Content" means any materials, text, documents, video recordings, photographs, images, graphics, information, trademarks, logos, user interfaces, visual interfaces, sounds, music and artwork, data, articles, software, mobile applications, audio recordings, sounds, designs, features, and other materials that are available on the Website or App.

"Website" means the www.cogostech.com & www.cogostrucks.com or Website or Apps, its respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites, Apps and sub-sites.

"Provider / Vendor" means Cogos Technologies Pvt. Ltd. licensors, suppliers, information providers, freight companies, packagers, and other vendors who provide their products and services through the website or App.

"Content" also includes Marks and Products and Services.

"Mark" means graphics or icon, Logo, trademark, trade name, service mark, trade dress etc.

"Product and Service" means the unaccompanied freight booking and other services available through the website or the App.

"Purchase" means to book, reserve, or purchase. The terms Site, Marks, Content and Products and Services do not include the sites, marks, content, products or services that are provided by third parties, or those that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.

Cogos Technologies Pvt. Ltd. has the exclusive rights and hold the sole right to modify the Terms and conditions of Service without obtaining prior permission from you or informing you. The relationship creates upon you a duty to periodically check the terms and stay updated on its requirements. And you agree that we shall not be liable to you for any damages, delay that might result from such modification, suspension or discontinuance. We have sole rights at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. If you continue to use the Website & App following such a change, it will be deemed as consent by you to the so amended policies by us. As long compliance is made by you with the terms of use, we shall permit and grant you to enter and use the Website & App with a personal, non-exclusive, non-transferable, non-sub-licensable limited privilege.

By accepting these Terms of Service either impliedly or expressly, you also accept and agree and are bound by other Policies of Cogos Technologies Pvt. Ltd., inter alia Privacy Policy, and the General Terms and Conditions, which would be amended from time to time.

These Terms of Service are to be read in concurrence with any other agreement or contract that the user has with Cogos Technologies Pvt. Ltd.

ABOUT US

Cogos Technologies Pvt. Ltd. is an End-to-End logistic service Provider Platform, intends to provide services through diverse types of transport vehicles.

MODUS OPERANDI

See the vehicle tracking.

Manage hubs and bookings.

Track your order online.

USER(S) ELIGIBILITY

Minors below the age of 18 years are not eligible to register for, use of Services available on our website or App.

WEBSITE OR APP

To use the website or App is in strict compliance with all mobile applicable Laws, rulings and regulations. These terms govern your use of all Content and its Services available through the website or App; you agree to be bound by these terms and in a manner that does not negatively reflect on the goodwill or reputation of www.cogostech.com & www.cogostrucks.com and its Providers.

We reserve the right, in our sole discretion, to terminate the access to the Website or App and the related services or any portion thereof at any time, without notice.

RESPONSIBILITY OF MEMBER

It is your responsibility to keep secrecy of User Name and Password. Also, you are solely accountable for all financial losses / implications incurred on using your password and login information by others. We shall not be held responsible of any misuse of your account by any third party or parties. In the event, if we come across that you have provided us with false information and inaccurate details by not disclosing the correct facts or we have logical reasons to believe that you have done so, we hold the sole rights to permanently suspend or terminate your account and we have right to proceed legally to claim for any losses or damages etc. caused.

Without our prior written permission, no one is permitted to limited or unlimited or whole or part reproduction, copying, modifying, editing, distributing, recreating, reverse engineering, posting, publishing or creating derivative works from or sell the content whatever way for commercial or non-commercial purposes and unwarranted modification of data and information of the Website or App.

You have also agreed not to attempt to access or access our website or App or services by any means other than through the interface that is provided by us. Use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or App or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or App, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website or App is hereby expressly prohibited. You shall acknowledge and agree that by accessing or using our Website or App or Services, you may be exposed to content from other users and vendors that you may consider offensive, indecent or otherwise objectionable for which we are not liable. We disclaim all liabilities arising in relation to such allegedly offensive content, which is been used as a Website or App.

In places where this Website or App allows you to post or upload data/information, you undertake to ensure that such material is not offensive and is in accordance with the current mobile applicable Laws, Rules and Regulations.

WEBSITE OR APP AS A TRANSITIONAL POINT

The Website or App is a base or platform that Users utilize to meet their requirements and interact with one another with their Vendors for their transactions.

We are not liable for any communications or understanding or commitments made by you with your vendors through our website or App. This includes, without any limitation, the details, date and warranties related to the services after booking. We do not have any control over such information and we do not play any role in the deal/commitment and hence we do not stand liable for the outcome of such communications or understanding or commitments.

With reference to above clause and Subject to the above sub-clauses, a contract exists between your Vendor and the User and as such any breach of contract, if so happens and thus, any claim arising from such breach shall be the subject matter of your Vendor and the User alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between your Vendor and the User directly without us being involved.

We are only facilitators for the services, who make available helper services, if available and as per your requirements. Any contract or understanding between the user and the helper does not include us and we are in no way liable for any service deficiency that may arise, which includes and is not limited to cancellation of the service due to non-availability of helper or not meeting the expectations of the user and or poor quality of service shall not be the subject matter with us.

We shall be released, and you indemnify us and/or any of our officers, directors, employees, partners or suppliers and representatives from any cost, damage, liability or other consequence of any of your actions on the Website or App and specifically waive any claims that you may have in this behalf under any mobile applicable Law.

COMMUNICATIONS

The use of this Website or App is also your consent to receive SMSs, autodialed and/or pre-recorded message calls and phone calls from us and our vendors at any time, as we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. Also, sharing of the information provided by you to any third party including our service Providers is governed by the Privacy Policy and shall not be disclosed without our consent.

You hereby unconditionally have given consent that such communications via SMS and / or voice call is (a) upon your request and authorization, (b) 'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI Regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever or any act of you which give raise to any disputes.

CHARGES

No fee has to be paid for using this website or App for browsing. It is free of cost. However, we charge a fee or commission for the services provided by us, when you avail the service or book or reserve through our website or App. Any such service fee is non-refundable. In addition, you shall be liable, or you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Website or App and you shall pay all charges incurred by us for the services provided to you.

We reserve the right to deduct/charge/claim the balance amount subsequent to the short charging by us for any services or transaction fee or any other fee or service because of any technical or other reason at our own discretion. In the rare possibilities of the reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. We shall not be under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed/confirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed/confirmed reservation of booking.

If any refund is arising from any transactions due to any cancellation of the booking or any reason whatsoever shall be processed by us in the same bank account or debit or credit card used by the User to make the payment at the time of booking.

INTELLECTUAL PROPERTY RIGHTS

This Website or App is the sole and exclusive property of Cogos Technologies Private Limited or its licensors and vendors. All the trademarks, logos, photographs, text, graphics, user interfaces, visual interfaces, sounds, music and artwork shall belong to us (collectively, "Content"). We shall retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website or App.

Use of any content on the Website or App and is being displayed publicly, transmitted, republished, reproduced, uploaded, posted, encoded, translated, or distributed in any way or to any other computer, server, Website or App or other medium for publication or distribution or for any commercial enterprise, without our prior written consent shall be liable to be prosecuted as per Law.

Whatever content posted or provided to www.cogostech.com & www.cogostrucks.com or App will become our sole property and gets irrevocable worldwide rights. We shall be entitled to use the Content or element for any type of use forever, whether now known or hereafter devised, including the creation of derivative works that may include the Content you provided, and you shall not be entitled to any payment or other compensation for such use.

TERMS & CONDITIONS FOR USE

The following Terms & Conditions shall apply to Customers utilizing the Services offered by the Company:

1. 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.

2. The Customer is bound to pay the fare, parking charges, additional night surcharge (where applicable), Toll-gate charges, and any fee or levy payable or hereinafter imposed by the Law or required to be paid for availing the Service.

3. The Customer shall not soil or damage body and or any other interiors of the vehicle.

4. The Customer shall not misuse or cause damage any of the devices of the vehicle.

5. The Customer is refrained from forcing the driver to violate Traffic/RTO/ City Police and or Government Rules and Laws in force. Driver/partner has the right to refuse such requests by the Customers.

6. The Customer can book/request the vehicle on-demand / ad-hoc basis on fixed basis. If any agreement oral or written or mail is executed/agreed upon between the customer and Cogos, those terms and conditions supersede with these Terms and conditions and is binding on the customer.

7. 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 by the Company.

8. The Customer has authorized the Company to use real time tracking devices in the vehicle by using telecommunication systems to locate probable location of the vehicle by the Customer and the Company.

9. Any form of complaint by the Customer with respect to the service or on the conduct of the driver has to be notified within 24 hours of the trip. Company shall try to resolve the issue amicably. If driver found guilty of the conduct, then the Company shall take suitable action by disassociating the driver. In case of lost items during the trip, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.

10. We shall not be liable for delays or inabilities in performance or non-performance in whole or in part of vendor obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems.

11. You agree that there can be exceptional circumstances where the service operators may be unable to honor the confirmed bookings due to various reasons such as climatic conditions, business exigencies, government decisions, operational and technical issues, route & traffic issues etc.

12. Company will be sending the delivery confirmation by SMS / e-mails, no-response within 24 hours would be considered as an affirmative to the delivery.

13. Customer whenever has instructed to collect the trip amount from the receiver or a third party and the receiver or third party does not pay the amount, then the goods shall be taken back undelivered to the Customer, who loaded and the Customer indemnifies that he will pay to and from trip amount together with administrative fee of 50% of the trip bill to the driver. Total amount will be 2.5 times of the trip amount.

14. The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

15. Without prejudice to the above, the Company makes no representation or warranties that the Services will meet the Customer's requirements and the Services will be uninterrupted, timely, secure, or error-free.

16. We shall not carry out our services with regard to the goods which are in our sole opinion Dangerous Goods including but not limited to, those specified by the Acts. Also, we do not accept consignments that contain prohibited items.

17. You have to insure the goods for safety and security. Cogos is not liable to the damage, breakage, loss, theft of the goods while loading, parking, in transit, while un-loading and at the time of delivery. It is sole responsibility of the customer to insure and safely pack the cargo/goods. Cogos provide only vehicle. No loading, delivery, unloading, packing, unpacking or cash and or documents collections will not be done.

18. By accepting these Terms of Service either impliedly or expressly, you also accept and agree and are bound by other Policies of Cogos Technologies Pvt. Ltd., inter-alia Privacy Policy, and the General Terms and Conditions, which would be amended from time to time.

19. These Terms of Service are to be read in concurrence with any other agreement or contract that the user has with Cogos Technologies Pvt. Ltd.

20. If, despite of the limitations under the Referral code, total cumulative liability, any or all claims put together will in no event exceed the sum of INR 250 (Rupees Two Hundred and Fifty only).

ADDITIONAL TERMS

These additional terms are found in the area of the website or App where you will avail Service, or where you will register for a special promotion.

Additional Terms may apply when you avail Services, or when you participate in special promotions or offers. You agree to abide by the terms and conditions imposed by the Provider, including payment of all the amounts when due and comply with all Rules and restrictions regarding the availability of services.

The Company is purely a facilitator and neither a mover nor a packer. We are only a Service Provider and not responsible for any damage or breakage or loss of the goods while transportation or at the time of loading or unloading.

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 not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of vehicle service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.

INDEMNITY

The user by using the web site or App shall indemnify, defend, hold harmless the website or App or any other subsidiaries or any officers, directors concerned to this website or App. Any claim made by any third party or any vendor shall be indemnified by the user. The usage of the website or App which is unlawful which is not permitted by the Law of land and breach of term and condition shall not be enforceable against us.

Customer further indemnifies the Company that

a) consignment is properly described including the invoice, permits etc. are true and correct

b) contents of the consignment are not prohibited items and legally tradable

c) All applicable Laws and regulations have been complied with.

d) All goods are covered under insurance

If, despite the limitation above, we or a vendor is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then we and the vendors' liability will in no event exceed, in total, the sum of INR 5,000 (Rupees Five Thousands only).

TERMINATION

Cogos Technologies Pvt. Ltd. reserves the right to terminate or restrict the access to all or any component of the website or App. at any time for any reason, with or without notice, even if access continues to be allowed to others. Company also reserves universal right to deny access to particular users to any or all of its services without any prior notice or explanation in order to protect interests of the Company and we shall not be accountable to the Customer to such suspension or termination. Accessing the website or App after such termination, suspension or discontinuation shall constitute an act of trespassing.

THIRD PARTY INFORMATION

Third party information provided by the Company for convenience to user and the Company has not have any control over such sites or on the contents or resources provided by them. Company shall not be responsible or liable to anyone for such third-party site or any product or service made available on such sites. You are responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice or other content available through the Website or App or obtained from a linked site or App.

DISCLAIMER

All vehicles registered with the Company are continuously tracked using mobile technology to provide better service to the Customer.

The Company has right to use the Customer contact information for its own and third-party vendors for marketing purpose. The Company and the third parties may send regular SMS updates to the mobile numbers registered with it.

Company does not warrant the performance or the compatibility of the Application with your mobile device.

Company shall not be liable to you for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and / or execution of the Software

It is expressly made clear that the Company does not own any vehicles, nor does it directly or indirectly employ any drivers. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liabilities in respect of the drivers and the vehicles.

Company shall not be liable for any loss or damages, including any injury which you may incur as a result of your trip in the vehicle hired through our services. All your rights in relation thereto and in relation to the trip shall be a matter between you and the vehicle only.

Tolls, helper charges and extra levies/fares as applicable are to be paid by the user.

PROMOTIONAL CODES

Company may at its sole discretion, create promotional codes which may be redeemed for account credit, or other features or benefits related to the services and or a third-party provider's services, subject to any additional terms the Company establishes. You agree the promo codes, which may be sent for the intended audience with a purpose. These promo codes may be disabled at any time for any reason without liability to the Company and may expire prior to your use.

Company reserves the right to withhold or deduct credits or other features or benefits at its own discretion.

COOKIES

Company may place 'cookies' on your computer or device, which may record information about your use of our domain, so that we can provide a continuous and better personalized services to accurately implement or communicate your browser preferences or settings. Without cookies, you may not be able to sign in or use Company's other interactive features, which depend on cookies. Company does not control and is not responsible for the use of cookies by its third-party partners or advertisers.

DISPUTES

Any dispute, controversy or claim arising out of the contract including claims seeking redress with our vendors or partners or any third parties, wherein we shall not be liable for any of the actions by you, if any party files any disputes shall be amicably settled through mutual consultation and escalation at such offices of Cogos as Cogos may designate. If the dispute is not settled amicably as aforesaid, then, it shall be subject to the exclusive jurisdiction of court of Law at Bengaluru, Karnataka State.

CANCELLATIONS & REFUNDS POLICY

Customer after booking the service, is free to cancel the booking at any time. Following terms and conditions shall be applicable:

a. If booking is cancelled before vehicle is allotted/assigned, no amount will be charged for the cancellation.

b. If cancellation of booking is done after vehicle is allotted/assigned, base fare will be charged to the customer. Amount so charged shall be deducted from the credit amount available with Cogos or shall be added in the subsequent bill amount of next booking.

c. If cancellation of booking is done after the driver reports at the location, 100% base fare shall be charged. This is done to compensate the drivers for the time and fuel spent to come to the location after accepting trip request. Amount so charged shall be deducted from the credit amount available with Cogos or shall be added in the subsequent bill amount of next booking.

Whenever situation arises for refunds to the customers, Cogos, at its sole discretion, will review and decide for partial or full refund as appropriate.

Cogos reserves the right to amend / change / modify / delete at any time without any prior intimation to the customers.