The objective of this agreement between User-Member and Go4Delivery is “to facilitate an Indian adult individual or a Legal Entity through its authorised legal representative to establish contractual relations in between him as User-Member and with an individual transporter as Carrier-Member for the transportation of the parcels, packages and goods from one place to another on agreed terms and conditions and on certain agreed cost by using internet site platform provided by Go4Delivery through its software appliance to its User-Member on free of Cost”.
This agreement for transportation of goods will commence between Go4Delivery and any adult competent person having sound mind immediately after he downloads Go4Delivery appliance software from authorised internet site/s and agrees it on-line by choosing the “Yes” Or “I Agree” button or by some other electronic method as proposed through appliance by giving his free consent. By doing so, the person will become and be called as “User-Member”. Thereafter, User-Member can book his consignment to be transported within Delhi and NCR Region in its first Phase of operation, however, later on after watching its successful functioning in first offered zone, some other geographical Zones with in Indian Nation territory and neighbouring nations will be opened by Go4Delivery under its operation phase wise, time to time. User-Member by using the Go4Delivery appliance which is a two ends meeting platform does not become its owner by any means. Go4Delivery is, as an aggregator, player and intermediary platform provider in information business and not as ultimate transport service provider, its software application is available at Google Play Store and at App Store, to be downloaded free of cost. Go4Delivery only offers an internet site and software applications enabling a User-Member to make contact with a Carrier-Member to get Delivery of his Goods made under below mentioned terms and conditions.
Whereas, Carrier-Member is an independent transporter engaged in the business of transporting goods and is in an existing contract with Go4Delivery for providing his transport service/s as and when needed and on such price, rate provided and agreed by him with Go4Delivery and further through Go4dDelivery to its Users/Members on his behalf. Go4Delivery is not a party to the contract entered into between the User-Member and the Carrier-Member with regard to the Delivery of goods and its possession.
The plural expression of words includes its singular form and vice-versa and “Him” expression of word includes its female “Her” part and as neutral gender “Its” parts also, as applicable at place to place as above and here under.
Services and its fee; all the services provided by Go4Delivery to its User-Member/s such as to provide its platform for choosing Transportation and its insurance service (optional), to give User-Member their consignment details and it’s enroute tracking, providing needed details of User-Member and his consignment to the Carrier-Member and vice-versa for facilitating the transportation of goods from one place to another one will be “totally free of cost” to all User-Members. Directly, “No Cost” will be taken from any User-Member for any service provided by Go4delivery to him.
All goods consignments booked by using Go4Delivery platform/appliance and received by Carrier-Member for and to transport from one destination to another destination at intrastate or interstate will be strictly considered as a “commercial goods transportation booking” for “Business Purposes” by it’s User-Member.
Go4Delivery reserves the right to amend in its Terms and Conditions from time to time as per need of time and under prevailing laws of the land for smooth functioning of its business. Each and every Amendment in Terms and Conditions of the agreement shall take effect immediately after it’s loading and when it become operational on the internet application of Go4Delivery. However, it will not affect the under-process and on-going transactions which has commenced and concluded prior to its uploading and start operational functioning on site.
Terms and conditions written herein under different Sections along with all Clauses as mentioned in this agreement starting from Disclosure Clause to Severability Clause must be accepted in its entirety and Go4Delivery reserves the right to suspend/ allow its application use restricted to any User-Member, Carrier-Member and/or any person, its discretion will be sole and independent without any binding of showing its reason.
Go4Delivery: means M/S Logixperts Pvt Ltd providing internet site platform and its software appliance to facilitate meeting of its User-Member/s with their prospective Carrier-Member/s for consignment of goods to be transported under an individual and separate contract between them. Go4Delivery is a Brand name, Logo and an expression to its registered Company i.e. M/S LogiXperts Private Limited as an information technology based, a restricted role, transportation aggregator platform provider company in respect of this agreement.
User-Member: means any adult individual person or legal entity through its legally authorised person who intends to and agrees this agreement by giving his free consent, for transporting his goods from one destination to another destination for his business and commercial use by using the software application provided by Go4Delivery and agrees to be put in for contract with the Carrier-Member through Go4Delivery Site and its software application.
Carrier-Member: is an independent adult transporter, Transport Company, or a transport Firm engaged in the business of transporting parcels, packages and goods consignment in intrastate or interstate commerce with in Delhi State and NCR Region in first Phase of its operation; (then gradually in rest of India and its neighbouring states phases wise as and when its operation is opened by Go4delivery) and desirous to provide its transport services on cost to Users/Members of Go4Delivery, whether by Land, Air and Sea route or by mixed routes, as desired and feasible by both parties. Carrier-Member further under his free consent agrees to be put in for contract with the User-Member through Go4Delivery Site and its software application for receiving the payment and generating Way-Bill or E-Way-Bill on his behalf.
Means of Transport: Means, method of the transportation used by the Carrier-Member with consent and choice of User-Member for the delivery of the consigned goods to be delivered at particular destination; it may be by foot, by bicycle, by mechanical two wheeler with or without gear, by mechanical four wheeler geared light or heavy vehicle or by Multi wheeled mechanical geared heavy vehicle for land Transport; Or by aircraft/ helicopter of any dimension and capacity for Air Transport and by any kind of carrier Ship or Boat of any capacity and dimension for sea and river transport route Or as by out of many, any mixed methods of transport combined as once or multiple number of times as mentioned above .
Term Period of Licence to use agreement: The term of this kind of Licence agreement to use the software appliance between User-Member and Go4Delivery will start after the User-Member click the “I agree” button shown or by any other electronic method proposed immediately after the terms and conditions of this agreement for a unlimited turns and period of time; however, subject to its withdrawal by any of the party or time to time amendments done exclusively by Go4Delivery.
Consignment: “Consignment” means all packets, goods, documents or parcels that travel under one waybill and which may be carried by any means chosen by Go4Delivery or its Carrier-Member, including air, Sea, river, road or any other way with consent of User-Member.
Way-Bill: A “waybill” is a document generated by Go4Delivery through its automated system on behalf of Carrier-Member; which shall include consignment identifier such as a label, barcode, waybill number or a consignment note as well as any electronic version thereof, which will carry all details of consignment for all purposes. Expression Way-Bill includes E-Way-Bill also with all its forms.
Proposed Amount: means, price quoted by the Go4Delivery as an invitation of offer to its User-Members for carrying User-Member’s consignment of goods from one to another destination address by the Carrier-Member on certain terms and conditions.
Offer Price: means price offered by User-Member to Carrier-Members of Go4Delivery by accepting proposed amount invitation to offer the price.
Payment Mode:User-Member can pay cost of transport of his booked consignment by using following any method of money transfer:-
1. On-line transfer of money by using Pay-TM, BHIM, Credit card or Debit Card or any other prescribed money Transfer Gate-Way proposed by Go4Delivery.
2. by Wallet where a User Member has opened a Wallet account with Go4Delivery and enjoy Special Discount coupons , Bonus Points and many other attractive schemes running time to time on special occasions by Go4Delivery on behalf of Carrier-Member.
3. pay cash to the Carrier-Member at time of and before pickup of goods Or make a payment at point of delivery of consignment on To-Pay basis only if the Carrier-Member agrees to do so on his sole risk.
1. Go4Delivery will provide it’s User-Member/s a temporary, revocable and non transferable licence to get access its internet platform through their compatible electronic devices for booking their consignments/goods with its Carrier-Member services and get them insured (optional) for high value security and assess its information in relation to their booked consignments, its live/ on route tracking, its content and other material for personal benefit and strictly not for use of any commercial purposes.
2. All internet service providing companies will be called third party beneficiaries who will not at all have any contractual obligation with Go4Delivery, its User-Members or Carrier-Members.
3. The all Content, Software application, and Go4Delivery properties as its name, logo and motto is a property of Go4Delivery exclusively; with full copyright and trademark Registration in its own name. Any licence to use or its reference, or its use under licence does not make entitle any person as an owner of such property /properties.
4. In order to avail the services of the Go4Delivery, a person must be of a sound mind, of or above 18 Yrs of age to open an Account and become as a “User-Member” with the Go4Delivery. Account Registration is a must which is free of cost and provides a licence to access the operational software application of the Go4Delivery to its User-Member for booking the transportation of his consignment/goods for a certain destination by an independent Carrier/ Transporter called “Carrier-Member” under certain terms and conditions.
5. Every person in order to become User-Member himself, is to provide his basic information such as his Name, Gender, Age, Address, Telephone Number, email address, Aadhar Card Number and a valid Payment mode such as Credit or Debit Card numbers and its gateways giving their working details and his personal economic status. He also can open a secure Wallet account with Go4Delivery for making payments and avail many of its ongoing schemes time to time.
6. Each Offer Price request made by the User-Member for transportation of a particular consignment, when is accepted by the Carrier-Member, becomes binding, confirm and irrevocable against each other and contracts between User-Member and Go4Delivery and Between User-Member and Carrier-Member and between Carrier-Member and Go4Delivery become operative immediately, independently and automatically under given terms and conditions. Further, Upon confirmation of acceptance of offer price by the Carrier-Member, Go4Delivery will provide contact telephone number and other relevant information of/about the Carrier-Member to the User-Member and vise-versa without any delay through app for their convenience and sharing details with each other.
7. The User-Member is needed to provide his GST number or Receiver’s GST number in case the consignment to be booked is of more than Rs 50,000/- value. Any wrong information filled in this respect, will indemnify Go4Delivery with all kind of consequential damages, penalties and restrain obligations imposed by the Government regulating agencies on itself or on Carrier-Member along with a penalty amount of Rs 25,000/- (In Words Rupees Twenty Five Thousands Only).
(i) it is classified as hazardous material or dangerous goods by the State Or Central law enforcing agencies Or by both.
(ii) it contains contraband and counterfeit goods Or items restricted to be transported unless with a special permission permit issued by the State or Central Government regulating agency/ Department.
(For example animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as liquor, ivory, Sandal wood and narcotics)
(iii) prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
(iv) its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with an ordinary care in its handling,
(v) ) it contains any other item which is not included in above categories but Go4Delivery decides its own, not be booked by them.
(vi) ) the value of the consignment is undervalued
(vii) )no Customs declaration is made when required necessary as per prevailing Law.
(viii) ) the value of the consignment is of or above Rs 50,000/- and User-Member is not providing his or receiver’s GST number Or mentioning its wrong information. In such case/s, a penalty along with indemnity will be charged and become legally recoverably by the User-Member, as elaborately mentioned here in the agreement at other place.
9. The Offer Request by the User-Member must contain full name of sender, address of Pick-up point of the Consignment and full name of receiver and address of the delivery point along with required phone numbers of both the parties.
10. The proposed Pricing as an invitation to offer and immediately after its counter offer by the User-Member on same Price, an Offer Price Request for acceptance to the Carrier-Member is an automated software generated products, pricing of transportation depends on the current demand of transportation vehicles, size and weight of the consignment goods, mode of transport and distance of travel.
11. Request offer of transport booking by the User-Member will become binding contract among the parties against each other when the offer request with its pricing is accepted by a certain Carrier-Member for its transportation otherwise not. Whereas, Go4Delivery is only working as a delivery post office between two for their communication with each other.
12. After Offer Price Request is accepted by the Carrier-Member, binding Contracts are formed among the parties. Go4Delivery will receive full advance payment by the User-Member on behalf of the Carrier-Member either through any chosen electronic mode of money transfer banking service and generate its electronic receipt Or by cash through Carrier-Member’s authorised person at point of receiving the goods and only after his acknowledgement for same through device; an electronic money receipt will immediately be generated by the Go4Delivery for the use of User-Member and account purposes, showing money receipt directly by the Carrier-Member.
13. Carrier-Member also can get generated a waybill on To-Pay basis through Go4Delivery when he gets satisfied and agreed that he will collect the payment at the time of delivery of goods by the receiver of the consignment.
14. In case of issuing “To-Pay Waybills”, only on Carrier-Member’s request, Go4Delivery will issue an unpaid Way-Bill for a certain value as quoted and accepted by both the parties on the sole risk of the Carrier-Member for its payment collection and securing full commission part of Go4Delivery to be given by him, which will become due as soon it is realised or its contract decline due to non-performance by receiver of goods or User-member at receiver’s end.
15. Goods to be consigned will become under sole possession of the Carrier-Member immediately after when the User-Member put his signature on the Carrier-Member’s electronic device provided by and linked to the Go4Delivery to give his consent for the transportation of particular goods on certain price on Paid or To-Pay basis and it’s collection in accordance of the request Form by the Carrier-Member; and this can be used against him as proof of his free consent.
16. Go4Delivery will play a role of an Agent of the Carrier-Member only for:
(i). Quoting Price of a requested consignment based upon priory discussed and agreed upon rates with the Carrier-Member and giving its information to the Carrier-Member as Principle.
(ii). Generating “Waybill” on Paid or To-Pay basis for a particular consignment as an agent of the Carrier Transporter on his request to do so.
(iii). Generate a Money Receipt in case of money received directly by Carrier-Member at the time of collection or at delivery of goods at destination point or by it-self on behalf of Carrier-Member.
17. Carrier-Member after collection of goods to be transported and giving his consent for its transportation will request Go4Deliver to generate a Paid or To-Pay “Waybill” on the basis of the information submitted by the User-Member for transportation of a particular consignment.
18. Go4Delivery solely reserves the right to accept or reject any Offer Request of User-Member for the transportation of goods and put any of its User-Member’s or its Carrier-Member’s name in its Black-list without any given reason to him. It is under its unbinding sole discretion. However, though it is not binding but Go4Delivery may reconsider any person’s request to become its member again, if request is given only in writing. Again, on rejection of this written request by Go4Delivery; Go4Delivery is not at all bound to give it’s reason for the same as it will be a totally discretionary and sweet will decision of Go4Delivery.
19. Go4Delivery’s liabilities of all kind related with the booking and delivery of goods are limited to the extent of Rs 1000/- only, in words (Rupees One Thousand Only) in any circumstances as it is only an internet based platform providing application based Company working as aggregator.
20. The User-Member knows well and understands that the delivery service of consignment goods on certain price is whole sole liability of the Carrier-Member, a Transporter and Go4Delivery is not at all responsible for the acts, omissions, negligence and behaviour of the Carrier-Member and any damage, theft of the consignment enroute will not be a liability of Go4Delivery.
21. In case of a particular person’s named delivery User-Member must provide his telephone number, full address and details of his working place, meeting place or residence and in this case his signatures or any hand thumb impression (if he is a illiterate person), on a relevant page and at relevant column of delivery receipt book of Carrier-Member will be considered as right and full intact delivery of goods to him. In case of Home Delivery goods signature with telephone number of any resident adult member of the house will be considered as named person’s receipt in case of his non availability therein the house at time of delivery.
22. Carrier-Member will not deliver the goods consigned through booking; where the recipient’s address is not traceable, inaccessible with a reasonable prudent efforts or remote or where the marked address is situated far away from the movable road side, and in such cases Carrier-Member will organise re-booking of the consignment to the sender’s address on cost with the consent of the User-Member and in that case the User-Member will become recipient of the goods consigned for which he again has to pay the stipulated transportation charges to Go4Delivery in the same manner as first.
23. Carrier-Member can only cancel the transportation of the consignment when goods to be consigned are different in quality, quantity, shape, size, description, dimensions and weight as what has been detailed in the Offer Form; when packaging of the goods is not sufficiently and skilfully done to carry the goods; when goods are of the prohibited nature; when carrier is unable to contact the User-Member on his given contact number for taking and accepting delivery of goods to be transported. And all these kind of cancellations will be deemed as the cancelation from User-Member side only due to their own inability and in want of; in such cases a penalty cost will be imposed by Go4Delivery which will be legally recoverable from User-Member by Go4Delivery which will be not less than 25% of the cost of booking of the consignment in any case.
24. In case of Carrier-Member unable to contact the User-Member of the goods on his given telephone or cell phone numbers or by other means of communication either through device or in person on or till consignment date and time for receiving goods to be transported, like a prudent man; the contract between Carrier-Member and User-Member will automatically become cancelled against Carrier-Member because of not turning up by User-Member. On such happening Go4Delivery shall be entitled to take 25% of the amount of consignment booking from User-Member as compensation, which is agreed by the User-Member and it will be legally recoverable as per this agreement.
25. User-Member shall indemnify and hold Go4Delivery and Carrier-Member harmless for any loss or damage arising out of his failure to comply with the following clauses:
(i). all information provided by him or his representatives is complete and accurate;
(ii). the Consignment is acceptable for transport under Section 8 above;
26. That, the collection of goods to be delivered will be taken in good light and normal weather conditions by the Carrier Transport and any delay due to these conditions will not make liable either Go4Delivery or Carrier-Member for any cost. Any delay in delivering packed and ready to consign goods to the Carrier-Member by User-Member or by any person authorised by him at collection point of consignment, beyond 20 Minutes of his reporting time as stipulated in request order at given site will cost extra Rs 5/- per minute to the User-Member.
27. Any Request Offer for transportation of goods can be made in 30 days advance from the date of actual handing over of the goods to be transported.
28. Tentative time frame for the delivery of goods is not a binding clause to the Carrier-Member, However, it is expected that he shall not take beyond a reasonable time for delivery of goods consigned for a particular destination.
29. Carrier-Member may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, redirection or collection at a Carrier-Member’s warehouse. User-Member may exclude some delivery options on request.
30. In case of normal delivery at the warehouse end of the destination city the Carrier-Member will levy his daily demurrages charges @ 2% of the Value of Consignment where the Value declared is of more than Rs 10,000/- and @ 3% where the value declared of the consignment is of in range of Rs. 9,999/- to Rs.5,000/- and @ 5% where value declared of the consignment is from Rs1/ to Rs. 4,999/-; if the goods consigned has reached at the destination warehouse and receiver of goods has not taken its delivery within 2 working days (48 hrs.) of its reaching information given to User-Member and receiver of consignment either by electronic appliance/device of Go4Delivery Or by SMS on given number Or by Email on given email address Or by any other feasible means in want of above means of communication.
31. If the consignment is deemed to be unacceptable as described in Section 8, or it has been undervalued for Customs or Excise or for both purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses to take delivery or to pay Customs Or Excise Duties or other incidental transportation charges, Go4Delivery and its Carrier-Member shall use reasonable efforts to return the consignment to User-Member with his consent at his cost, failing which after 15 days of receipt of consignment in case of non-perishable goods and next day of its receipt or before it parish for use of human consumption in case of if it contains perishable goods at delivery end warehouse the consignment may be released, disposed of or auction out or sold out without incurring any liability whatsoever to User-Member or anyone else, and with the proceeds out of it, will pay off or compensate against transportation charges, demurrage charges and related administrative costs, Customs or Excise Duties, and other incidental charges and balance of such proceeds of a sale if any remains after meeting all liabilities to pay off, to be returned to User-Member of the consignment. Go4Delivery and its allied Carrier-Member shall have the right to destroy any consignment which any law prevents him to return it to Sender (User-Member) of consignment as well as any consignment of Dangerous Goods.
32. Carrier-Member will give delivery at his warehouse in the destination city in normal course of the Transportation of goods to the receiving party Or in case of “Door Delivery” at the Door step of the receiver on showing his true and matched identity proof with the Request Order Form.
33. Carrier-Member has the right to open and inspect a consignment without giving notice to any one only for safety, security, customs, excise or other regulatory lawful reasons.
34. In case of Door Delivery the Carrier-Member will reach destination door step to deliver the consignment at 24x7 hrs if chosen so otherwise will deliver the consignment between normal working hours i.e. between 8 am to 8 pm, and in any case no body receives the goods after sending prior information to him before reaching within a reasonable time span, Carrier-Member will only wait for maximum 15 minutes for the receiver of the goods to come and take the delivery otherwise he will take back the consignment and store it in his local warehouse up to 15 days in case of Non-perishable nature of consignment for delivery on his warehouse only terms and then after rebook the consignment back to the sender on extra charges as fresh booking with his consent, where receiver will be the same sender of the goods on cost, which will be binding on him as per the agreed terms and conditions of the agreement. In case the User-Member do not give his consent to get the consignment rebook to him on his cost see Section 31 above, for its auction and sale to realise the cost and other incidental expenses of the transportation and demurrage; however if the total cost of claim can’t be realised by doing so difference of the cost can be realised along with the stipulated penalty by the User-member legally for which User member agrees.
35. The User-Member can cancel his Requested Offer i) @ free of cost at any time before his “Offer Price” to Carrier-Member is not accepted by him, ii) @ 25% cost of the offered Price when it is accepted by the Carrier-Member but though he is all set to collect the consignment but has not started to reach at collection point, iii) @ 40% cost of the offered Price where Carrier-Member has reached collection point after accepting the offer Price but is yet to collect the goods to be transported and no Way-Bill has been generated till that time iv) @ 60% cost of the offered and accepted Price by Carrier-Member when he has already collected and taken possession of the goods to be transported but has not left the collection point for further onwards delivery of the goods, after generation of Way-Bill by Go4Delivery No Part of GST or ant Tax will be returned at any cost v) @ 100% cost of the offered Price by the User-Member where the Carrier-Member has already accepted, got collected and taken possession of the consignment and also has left the collection point for further onwards delivery of the consignment, however this delivery will be given back to the User-Member only at any of the halting point warehouse of the consignment or at point of Delivery at local warehouse arrangement of the Carrier-Member after payment of full amount of the Way-Bill along with the incidental charges if any like demurrage charges of the warehouse concerned applicable only after two days (48 hrs) of the receipt of the goods by them, as same as per the Section 30 mentioned above.
36. That, User-Member agrees to all routing and diversion, including the possibility that the consignment may be carried via intermediate halting places and may or may not using different methods of transport as mentioned above.
37. That, in case the documents/ parcel given by the User-Member at the time of collection of a particular consignment do not match with the substance, kind, nature and identity of the consignment and due to this any legal intervention or complexity arose while its transportation or at the time of delivery of the consignment; User-member will be solely, legally and mentally responsible, liable and legally bound to compensate in all respects to Go4delivery.
Go4Delivery shall not be liable for failure or delay in performing any of it’s obligations or undertakings, if such performance is prevented, delayed or hindered by an act of God, fire, flood, civil commotion, war, riot, explosion, terrorist acts, sabotage; general shortage of electricity, energy, fuel, equipments, facilities to operate, interrupted or irregular internet services, failure of transportation, strike, lock-outs, action of various or one union/s, change in Law, action /change in Government Policies, any delay on part of any Government agency or any other cause not within reasonable control of Go4Delivery.
Arbitration Clause: Any dispute arising out of the agreement shall be settled amicably with Go4Delivery. In case the dispute is not settled, a Sole Arbitrator is to be appointed with mutual consent of Go4Delivery and User-Member/s or/and Carrier-Member/s; who shall settle the dispute between the parties. However, in case Sole Arbitrator is not appointed by mutual consent, Go4Delivery will appoint the Sole Arbitrator, which shall be binding on each party/parties. The venue of such Arbitration shall be at Delhi, India; in case of disputed consignment is booked with in Delhi and NCR region and at all Union Territories of India; and in case of the other states it will be at the capital city of the concerned state from where the consignment has been booked.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of User-Member, Go4Delivery and Carrier-Member to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Go4Delivery and Carrier-Member irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.