TERMS AND CONDITIONS
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, 3rd Floor, 33 A Cross, 9th Main, Jayanagar 4th Block, Bengaluru 560011
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" “www.cogostrucks.com” means Cogos Technologies Private Limited and its subsidiaries, affiliates, successors and assigns.
"You" or "User" or “member” or “Partner” or “Vehicle Owner” or “Driver” or “Broker” or “Supplier” or “Agent” or “Representative” or “Franchisee” or “Vendor” or “Provider” or “Freight provider” or “packager” or “Middle-men” or “Licensor” or “Information providers” or others who provide their products and services or a 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 or by other means and also those who lends, hires, rents, attaches vehicle(s) on Cogos Platform, 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.
“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,
“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.
"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 related services available through the website or the App or through other means.
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.
Cogos Technologies Pvt. Ltd. is an End-to-End logistic service Provider Platform, intends to provide diverse types of transport vehicles and services.
Accept the terms and conditions
Login to the App
Enter the odometer reading.
Start the trip
Follow GPS Route,
Swipe after reaching the drop point
Capture Proof of Delivery
Press End button
Accept the Terms and conditions
Login to the App
Verify and correct KM, Timing for completed orders.
View payment details.
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 or Customers for transactions.
We are not liable for any communications or understanding or commitments made by you with the customers 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 the customer 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 / Customer 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 Customer and the User directly without us being involved.
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.
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.
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 being booked, or serve 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.
You will be paid based on the terms agreed upon between Cogos and you. No penalty or interest or extra compensation shall be paid for delayed payments. Payments will be made only after receipt of the amount from the Customer(s) you have served. Any deductions made by the Customer for non-compliance of the agreed terms with the Customers by Cogos, like delay in reporting, penalty due to absentism, non-carrying of the required documents shall be deducted from your payment.
We reserve the right to deduct / charge / claim the balance amount subsequent to the over payment 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 booking not getting confirmed for any reason whatsoever, we will intimate you of the same. We shall not be under any obligation to make another booking in lieu of or to compensate / replace / cancelled 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 payment 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, No cash transactions are done by Cogos and all payments shall be made through the bank account details given by you at the time of registration in the website or the App. Any change of bank details is to be communicated in writing with connected documents and it should be get approved.
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 Partners utilizing the Services offered by Cogos:
1. The Partner agrees and accepts that the use of the Services provided by the Cogos is at the sole risk of the Partner, and further acknowledges that Cogos disclaims all representations and warranties of any kind, whether expressed or implied.
2. The Partner agrees to work for all days in the month except Sundays. If asked by Cogos to work on Sunday, the Partner should accept to work.
3. Earning by the partner shall be based on the assigned trips he makes.
4. The Partner has authorized Cogos and the Customer to use real time tracking devices in the vehicle by using telecommunication systems to locate probable location of the vehicle.
5. Proof of delivery (POD’s) must be submitted to the customer on the same day before completing the trip or by the next morning of the delivery, after getting permission from the customer.
6. In case of any break down, the Partner has to make an alternative arrangement immediately without any delays, the cost of which shall be borne by the Partner.
7. Driver must provide loading and unloading support. No extra charges will be paid for the same
8. The Partner has to provide a minimum thirty (30) days advance notice before removing his vehicle. Failure to do so will entail non-payment of any payment outstanding amounts.
9. In case of any driver issues, Cogos has the right to cancel the agreement. Cogos may accept to continue the services, if the Partner replaces the driver with immediate effect to the satisfaction of Cogos. In case, Partner himself is the driver Cogos shall cancel the contract immediately.
10. Cogos has the right to revoke the agreement at their will at any time without giving any reason, immaterial to the terms of the agreement, if any.
11. The Partner has to maintain the vehicle in a neat and clean condition and with no damage to the Cogos display board on the vehicle.
12. Partner / Driver has to obtain police verification clearance and has to submit the same to Cogos.
13. Payments will be done for the services rendered on weekly or monthly basis, based on the type of engagement with Cogos.
14. The Driver should not demand advances or tips from the Customers.
15. The Partner /Driver shall refrain from unionism and hooliganism.
16. The driver is strictly prohibited from drunken drive or rash driving the vehicle.
17. The driver shall always be present with vehicle while engaged on the duty
18. Only closed body or containerized vehicles are accepted.
19. The Partner must ensure that the driver carries a smart phone with an internet data package and sufficient currency with adequate battery life. He must also ensure that the vehicle has a mobile charger.
20. If the driver has to be changed for any reason, Cogos has to be informed in prior at least a day in advance. Failure to do so will attract a penalty as per Cogos policy. Change of driver can be recorded in the App by the Partner/Driver
21. In case of an accident involving the vehicle, the responsibility and liability of the vehicle and damages to the third party lies on the Partner only.
22. In case of cancellation of the agreement by either party, the assets of Cogos must be immediately returned (PODs, Branding boards etc.). Based on the evaluation of the returned assets, the settlement will be done in the regular payment cycle.
23. In case of loss or damage of goods in transit, the Partner will be charged the value of the goods with additional penalty as claimed by the Customer.
24. For all ambiguities, if any, final decision will be that of COGOS.
25. The driver allocated by the Partner should have a legal and valid driving license and badge for driving the vehicle.
26. Driver should abide by the Traffic Rules & Regulations. Even if the Customer forces 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.
27. The Partner 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 Partner and shall pay such sums on demand by Cogos.
28. The Partner at any time should not engage helpers below the age of 18 years. (Minors).
29. There should be good relationship with the Client which means addressing them with respect co-operate throughout the transportation.
30. Use the App for all the trips. No trip will be counted or paid, if it is not recorded in the Cogos App. Any dispute with this respect Cogos decision is final.
31. You cannot voluntarily change or deviate from the route for convenience / traffic problems. Always, you should call the customer Care Centre and inform him the change of route by you and also the time delay due to traffic etc.
32. In case, client need the overtime and extra distance you should be ready to do. You never supposed to say NO
33. Cogos may assign the Trip anywhere in the Partner’s duty hours; Partner should do the Trip.
34. Your duty hours and number of working days in a month are informed before engaging for a particular job, it will be based on the customer / client’s requirement only.
35. Cogos shall pay to the partner, the billed amount collected from the customers, after deducting the commission / service provider charges. This amount shall be fixed by Cogos from time to time. Cogos has the sole rights at any time to change, modify, impose fees or change the general practices and limits. Balance account shall be deposited into the Partner’s bank account
36. Any form of complaint with respect to the service or on the conduct of the driver notified to Cogos by the Customer, Company shall try to resolve the issue amicably. If driver found guilty of the conduct, then Cogos shall take suitable action by disassociating the driver/Partner. In case of loss or damage to the items during the trip, Partner is only responsible, and damages as claimed by the Customer / clients shall be levied on the Partner / Driver
37. Partner agrees that there can be exceptional circumstances where the Partner 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. In such cases no payment for the trip shall be paid by Cogos.
38. Cogos does not encourage cash handling. However, in rare cases, Customer whenever has instructed to collect the 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 has loaded the goods. Total distance travelled and the time will be counted as part of the trip and will be billed accordingly to the customer. However, before, returning, customer’s clearance to be taken by the driver / partner.
39. Drivers / Partners shall be issued Petro cards on request. Thoses cards shall be periodically charged on request. However, other T&C shall be applied. If the card is lost, extra amount shall be charged or deducted for issue of duplicate petro card.
40. Need to carry required documents always while on duty i.e., DL, RC, Insurance etc.
41. The Partner/Driver is bound to collect the receipts for the parking charges, additional night surcharge (where applicable), Toll-gate charges, helpers’ charge, if availed, and any fee or levy payable or hereinafter imposed by the Law or required to be paid from the customer. If the said amounts are not collected by the Partner from the customer, Cogs is not responsible and shall not reimburse the amount.
42. The Partner should not accept to carry the goods which are Dangerous Goods including but not limited to, those specified by the Acts. Also, the Partner shall not accept consignments that contain prohibited items.
43. Cogos is only a facilitator of services. Any breach of contract due to not meeting the expectations of the customer or poor quality of service, if so happens and thus, any claim arising from such breach shall be the subject matter of the Partner and the customer alone and Cogos is in no way a party to such breach or involved in any suit arising from the same breach. The Partner indemnifies Cogos and/or any of their officers, directors, employees or suppliers and representatives from any cost, damage, liability or other consequence of any of the Partner’s actions.
44. Cogos will not be liable for any damages of any kind arising from the use of the Service offered by Cogos, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
45. Without prejudice to the above, Cogos makes no representation or warranties that the Services will meet the Partner’s requirements and the Services will be uninterrupted, timely, secure, or error-free.
46. The Partner / Driver undertakes to declare that “I/We do not own more than 10 vehicles during the Financial year and no tax under Income Tax 1961 to be deducted.". Also, the Partner / Driver undertakes to declare to Cogos, whenever there is change in the above category.
48. 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.
49. 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).
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.
Cogos is purely a facilitator and neither a mover nor a packer. Cogos being only a Service Provider and not responsible for any damage or breakage or loss of the vehicle while transportation or at the time of loading or unloading.
Cogos 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 Partner 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.
Cogos shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Partner arising out of the use of vehicle service offered to Cogos or due to any reason whatsoever including but not limited to the Partner’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 Cogos or any person or any organization involved in the above mentioned systems.
The user by using the web 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.
Partner further indemnifies Cogos that
a) consignment is properly described including the invoice, permits etc. are true
b) contents of the consignment are not prohibited items and legally tradable
c) All applicable Laws and regulations have been complied with.
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 Thousand only).
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 Cogos and we shall not be accountable to the Partner 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 Cogos for convenience to user and Cogos 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. Partner is 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.
All vehicles registered with Cogos are continuously tracked using mobile technology to provide better service to the Customer.
Cogos has right to use the Partner contact information for its own and third-party vendors for marketing purpose. Cogos 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 Partner mobile device.
Company shall not be liable to the Partner 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 Cogos does not own any vehicles, nor does it directly or indirectly employ any drivers. Vehicles and drivers are all supplied by third parties and Cogos 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 the vehicle may incur as a result of the trip hired through the services. All rights in relation thereto and in relation to the trip shall be a matter between Customer and the Partner only.
Tolls, helper charges and extra levies/fares as applicable are to be collected by the Partner.
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 Cogos 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 Cogos 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.
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
Following terms and conditions shall be applicable to the Partner:
One full-day fare will be charged / deducted to the Partner, if
a. If booking is not accepted.
b. Not picking up the call / does not call back in 5 minutes after booking is accepted.
c. Does not report to the customer on time
d. Accepted and refused to go.
e. Asking for diesel amount from the customer
f. Switching off the mobile, data connection, GPS while on trip.
g. Denies to complete the trip half way
h. Rejecting the trip after reaching the customer
i. Trip delay intentionally and found true.
Amount so charged shall be deducted from the weekly / monthly payable amount.
Whenever situation arises for refunds to the Partner, 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 Partner.