Terms & Conditions

Thank you for choosing the services of Pickkup. On entering in our mobile application or surfing the website, you hereby agree to abide by the below mentioned conditions altogether with our privacy policy as stipulated by Pickkup with regard to using the Pickkup app or web page and also with regard to the services as mentioned herein below. If there arises any contradiction of the conditions mentioned herein with the contentions of any agreement or document arrived at among the parties hereto, the conditions enumerated here would be relied upon.

"MEANINGS"

The below mentioned meanings shall be applicable to the conditions setforth that preside this agreement/contract of Carriage executed among you and us.

  • Pickkup will supervise its employees, authorized agents and individual contractors that do or undertake to do or carry the consignment or any other services hereunder or incidental thereto on its behalf.
  • The words 'We', 'us', 'our', 'transporter', 'Pickkup' shall refer to ___________________ Private Limited, which owns Pickkup.
  • The words 'You', 'your', 'consignor' denote to the consignor, sender or holder of this Consignment Note, consignee of the Consignment, receiver and owner of the articles of the Consignment or any other party having a lawful interest in those articles, as the case may be.
  • The words 'Receiver' or 'Consignee' relate to the addressee or recipient or the consignee of the load.
  • The word 'Consignment' says any parcel, satchel, package or freight which is or are given to and accepted by Pickkup for carriage under our Consignment Note.
  • The word 'Carriage' refers and consists the whole of the operations and services undertaken by Pickkup relating to Consignment.
  • The word 'Delivery' refers to the tender of the consignment to the receiver or intimation about the arrival of the consignment.
  • The words 'Hazardous Goods' denote goods bifurcated as hazardous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.
  • The words 'Forbidden Items' depict any materials, the Carriage of which is forbidden by Law Applicable within the territory.
  • The words 'Law Applicable within the territory' refer to all laws, ordinance, statutes, guidelines, regulations, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, court, tribunal, government, ministry, department, municipality, commission, arbitrator or board or such other entity which has the force of law in India.
HOW USERS ARE ELIGIBLE?

First of all, the definition of word 'User/s' includes any individual or business group/entity/organization that lawfully carryout, uses or has the right to use the services provided by PICKKUP in India or in other countries. The Services given by PICKKUP is a technical service through the mode of internet, which enables the hiring of transportation vehicles i.e. mini-trucks/trucks/goods carrier or any other kind of commercial vehicle by customers for a point to point service, or for time and usage based service within or outside the limits of city, consisting of inter-city throughout India, via internet and / or mobile telecommunications devices. The Services are available only to those individuals or companies who can enter into contracts legally binding under the Law Applicable within the territory. Thus, user(s) must be major as per Law; viz. user(s) must have attained 18 years of age to become competent to avail our Services.

PICKKUP advises its users/customers that while having access to the web page, the related laws must be abided by. PICKKUP in any manner will not be responsible for the feasible repercussions arisen by your conduct during use of web page. PICKKUP may refuse the service to anyone at any point of time, in its sole discretion.

AGREEMENT APPLICABLE TO THE USER/S

The present agreement shall apply to all PICKKUP Services available/offered on the website, altogether with any additional condition that may be applicable to any specific service availed by user/s. In the event of any inconsistency or contradiction among any provision of the terms and conditions contained herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall be effective.

This agreement shall apply to user/s being visitors, registered - free or paid user(s), who will access the web page for any kind of purpose. It shall also apply to any legal body, which you represent, under actual or clear authority. User/s may use this site only for their personal or internal requirements.

CHANGES IN USER/S AGREEMENT

PICKKUP has right, title and authority to amend, alter, correct, rectify, modify, or update the agreement at any time the need arises, without any prior notification to user/s and the modified terms and conditions of use shall prevail and come into effect immediately from its amendment. If you do not accede to the amendments, you must refrain yourself from using the service. If you continue to use the services, it will show your acceptance of the amended terms. It shall be binding upon user/s to abide by any amendment made in any policy or agreement from time to time, referred to in the present conditions applicable for Service.

INTELLECTUAL PROPERTY RIGHTS

PICKKUP is the sole owner or lawful licensee of all the rights to the webpage, mobile application and its contents. The content of webpage/website means its layout, texture, design, images, text, graphics, sound, video etc. The web site content embodies secrets of trade and rights of intellectual property protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the website and its contents shall remain with PICKKUP, its affiliates or licensor's of PICKKUP content, as the case may be.

We do not accept any responsibility for any mistakes or omissions, or for the results achieved out of this information. The entire information provided here is 'AS IS' with no guarantee of totality, correctness, timeliness or of the outcome obtained from its use, and without warranty of any kind, implied or express, including, which is not limited to any kind of performance's guarantee or warranty, merchantability and fitness for a specific purpose. PICKKUP shall not be liable for any direct or indirect, incidental or consequential damages of any kind whatsoever with respect to the Service. You being user/reader hereby acknowledge that the risk of any kind shall be your responsibility on account for your dependency upon any content.

We reserve all the rights hereby, which not otherwise claimed through this agreement or by PICKKUP. We intend to contain the information in the mobile application and website, only to provide general information for the personal use of the user/reader, who accepts full responsibility for its use. PICKKUP does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") included, distributed via, or concerned, downloaded or accessed from any of the Services which is part of this website, or the quality of any products, information or other materials show-casted, or obtained by customer as an outcome of an advertisement or any other information or offer in or in connection with the Service.

We on behalf of PICKKUP also reserve the right, in its sole discretion and without any obligation, to improve, or rectify any error or mistake in any portion of the Service or the mobile application or website.

THIRD PARTY'S SITES

PICKKUP does not have any control over sites of third party regarding which links are provided by mobile app or website as a convenience to users.

It is our belief that user/s acknowledge that PICKKUP has no control over such third party's site, does not monitor such sites, and PICKKUP shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.

TRADEMARK OF PICKKUP

It is clarified here every concerned icon and logos are trademarks duly registered or which are logo identification mark of PICKKUP in different jurisdictions. The same are safeguarded under applicable trademark, copyright or other proprietary rights laws. The imitating, copying, modification, use or publication of trademarks/logo of PICKKUP is deemed to be illegal and it can invite legal action for the person committing this act.

COPYRIGHT

The contents of PICKKUP if copied in a organized manner to gather or develop or create, straightway or in some way, a compilation, collection, database or directory (whether through manual or automatic mode such as spiders, robots) without prior consent or permission in writing from PICKKUP is forbidden and shall be a crime under law.

All content on this webpage of website or mobile application is the copyright of PICKKUP besides the contents related to the third party.

Conditionally, through access by customer or user and use of PICKKUP's Services, you agree that you will not use the website's service to infringe the intellectual property rights of others in any way. Additionally, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action.

We for PICKKUP also reserve the right to cancel the account of a user/s upon any breach of the rights of others in collaboration with use of the PICKKUP service, or if PICKKUP finds that conduct of user/s is harmful to the interests of PICKKUP, its affiliates, or other users, or for any other reason in PICKKUP's sole discretion, with or without cause. For any losses or expenses suffered or borne by PICKKUP due to your any infringement of intellectual property of PICKKUP, you shall be responsible to indemnify PICKKUP for same, without prejudicing PICKKUP’s right to bring any legal action against you.

CANCELLATION

There is no charge for the content and features provided on the mobile application or website. However, PICKKUP reserves its right to disallow access to certain areas or certain features of the mobile application or website at any time without assigning any cause, with or without notice. Further, PICKKUP also reserves the ultimate right to refuse access to any user or group of users of its Services without any prior notice or justification in order to safeguard the legal and vested interests of PICKKUP and/or other visitors to the website or mobile app.

Additionally, PICKKUP reserves its right to limit, refute or create separate access to the website or mobile app and its features with respect to different user/s, or to change any of the features or introduce new features without prior intimation or notice.

TERMS AND CONDITIONS RELATING TO USE OF SERVICE

The customers who will avail the Services offered by PICKKUP for the hiring of transportation vehicles, they shall abide by following Terms & Conditions:

The customer/s agrees and accepts that it will be their risk when they use of the Services provided by the Company, and further affirms that the Company disclaims all representations and warranties of any kind, whether express or implied.

The customer shall pay the charges of fare (as agreed), parking, additional night surcharge (wherever applicable) and any fee or levy currently payable or hereinafter imposed by the Law applicable or required to be paid for availing of the transportation vehicle such as mini-truck Services.

It shall be ensured by the customer/user that he/she will not indulge in any of the following activities while availing the service from PICKKUP:

  • Insisting driver to breach any rules formulated by RTO/Traffic or City Police and/or by government for any purpose. The driver has the right to deny the same or any other request by customer if deemed it right to driver.
  • Causing any kind of damage to the body or any other internal parts including any mechanical or non mechanical device of transportation vehicle.
  • Not to compel the driver to put excess weight of consignment in the truck than permitted.

The Company is fully competent and authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make booking of a transportation vehicle such as mini-truck. The location based information will be used only to facilitate and improve the probability of locating a transportation vehicle for the Customer.

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 on the Company.

The Company shall be entitled to cancel the booking of the truck/ transportation vehicle at any time without any reason or explanation, so done by the Customer. The user/s shall indemnify PICKKUP with respect to any expenses borne with respect to such booking.

The Company shall be entitled to disclose to all entities/companies within its group, or any government body as so required by the Law applicable or on 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 appropriate or if it considers it in interests of PICKKUP to do so.

If there is any complaint relating to the Services or the use of the transportation vehicle, the Customer shall be bound to give intimation of the same to the Company in writing within 24 hours of using the transportation vehicle or the Services of Company.

If any item is misplaced within the premises of Company during the journey, Company will make best efforts to trace such items but there shall be no responsibility of the company for the same if there occur any loss or damage to the item. There shall be no right available to the user/s to retain or withhold the payment payable to PICKKUP if any item is lost. Further, in case of pendency of any payments from the User/s towards PICKKUP for the time span prescribed by PICKKUP in its respective invoice/bill, PICKKUP reserves the right to levy specific lien over the consignment till full payment is made to PICKKUP for its services. Also, User/s will be liable to compensate PICKKUP against any loss, damage or expenses borne by the company due to the custody of the consignment during this period.

There shall be no responsibility of the company relating to behaviour of the driver/s of the transportation vehicle/s. However, the Company motivates the customer to notify about any complaints to company that he or she might have against the driver hired for using the Company's Services.

Company can record all the calls made to call centre for quality and training purposes.

In case, customer places a query on mobile app or website of company with respect to our Services, applicable fees or terms of Service, customer hereby expressly agrees to consent to receive our responses, either through telephonic calls or email, to such query and all related information with respect to our Services.

To clear any doubts, related information shall include without limitation any marketing and/or commercial information. Customer understands and agrees that such information shall not in any manner qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the 'National Do Not Call Register' or the 'Private Do Not Call Register' in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

The Company shall be entitled to add to, vary or alter any or all these terms and conditions at any time and the Customer shall be bound to abide by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company's website at www…………………. on the date that Company may indicate that such addition, variation or amendment is to come into effect.

Cancellation rules: All cancellations made 5 minutes after driver allocation will incur a cancellation fee of Rs.50. Cancelling four bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change.

Toll Charges: In case of a toll on your trip, return toll fare will be charged.

PRIVACY

The information received by the customer under the contract of service with PICKKUP shall not be disclosed to any third party under any situation. Any information which pertains and give access to business of PICKKUP shall be kept reserve/confidential to the extent it might adversely effect PICKKUP’s business.

DISCLAIMER

It is clarified that PICKKUP reserves its right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

It is expressly made clear that all vehicles registered with the Company will be continuously tracked using mobile technology for security reasons that the Company does not own any transportation vehicle such as mini-truck nor does it directly or indirectly employ any drivers for the vehicle. The Mini-trucks and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and the mini-trucks alike.

STIPULATIONS RELATING TO ACE PLUS

The customers who will avail services for hiring Ace Plus shall be bound to follow the below-mentioned stipulations:

  • Labour charge will be automatically made part of the invoice.
  • Loading/unloading of ground floor to ground floor is only permitted.
  • Maximum load per box allowed is 25 kg, to the extent of only upto 30 such boxes.
  • Distance between Pickkup truck and loading/unloading point should not be more than 25 feet (8 metres).
INFORMATION RELATING TO INSURANCE

The terms and conditions relating to Insurance should be referred to.

INFORMATION RELATING TO PICKKUP WALLET

Please find Pickkup wallet related FAQs and terms & conditions here.

ACCEPTANCE OF CUSTOMER/S TO TERMS AND CONDITIONS OF PICKKUP

Once the consignment is assigned by you/customer to the company, you accept our terms and conditions set forth in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other services irrespective of whether you have signed the front of our consignment note or not.

Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your consignment or perform other services as well as our employees, directors and agents.

Only one of our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

OBLIGATIONS OF CUSTOMER/S
  • By agreeing to the terms and conditions, you hereby affirm, abide and undertake to us:
    • That the contents of the Consignment are not Prohibited/objectionable items and/or are not restricted by the applicable regulations and that you will supply to us any Dangerous Goods declaration that is needed, properly and accurately in accordance with Law applicable and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Law applicable.
    • Further, the items of the consignment (including but not limited to weight and number of items) have been properly mentioned on consignment note and that the Consignment Note contains complete particulars in all respects and the documents as required for the Tran consignment including invoice, permits are enclosed with the Consignment Note.
    • We are empowered to make delivery of goods at the address given on the Consignment Note and without prejudice, it is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract.
    • The delivery confirmation will be sent by us via SMS/emails, no-response within 24 hours would be considered as an acceptance to the delivery.
    • That all documents, statements as well as information provided by the customer relating to the Consignment will be true and correct, duly acknowledged by the customer that in the event that he or she makes untrue or fraudulent statement about the Consignment or any of its contents, the customer would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. The customer also agrees to indemnify the company and hold it harmless from any claims that may be brought against the company or its agents arising from the information provided by the customer.
    • Further, that the customer has declared the accurate weight of the consignment and also will provide any special equipment the company may need to load or unload the consignment on or off its vehicles.
    • When the customer has asked the company to charge the receiver or a third party and the receiver or third party does not pay the company, the customer will promptly settle our invoice together with an administration fee in full within 7 days of the company sending invoice to the customer.
  • The customer certifies that all statements and information provided relating to the transportation of the consignment are true and correct.
  • To the extent that the company may voluntarily assist the customer in completing the required formalities/customs and such assistance will be rendered at the customer's sole risk.
  • The customer agrees to indemnify the company and hold it harmless from any liabilities the company may suffer or any costs, damages or expenses, including legal costs, it incurs either to the customer or to anyone else arising out of the customer being in breach of any of these warranties, representations and guarantees, even if the company inadvertently accepts a consignment that contravenes any of obligations of the customer.
  • The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by Law applicable. Without prejudice to the above, the Company makes no representation or warranties with respect to:
    • Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of truck 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 Company or any person or any organization involved in the above mentioned systems.
    • Any liability 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.
    • Any additional or extra charges for far off locations & toll charges as well.
    • The Services meeting the customer's requirements.
    • The Services will be uninterrupted, timely, secure, or errorfree.
    • Any alternate arrangement/s if the mini-truck has not reached due to any reason.
  • The company will not be liable if it does not fulfill any obligations towards the customer at all as a result of:
    • Circumstances beyond our control such as (but not limited to):
      • National or local disturbance in air or ground transportation networks and mechanical problems to modes of transport or machinery.
      • Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.
      • Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters
      • Criminal acts of third parties such as theft and arson.
      • Latent defects or inherent vice in the contents of the consignment.
    • The acts or omissions of customer or those of third parties such as:
      • The customer being in breach of (or any other party claiming an interest in the consignment causing the customer to breach) his or her obligations under these terms and conditions.
    • The contents of the consignment consisting of any article that is a forbidden item even though the company might may have accepted the consignment by mistake.
GOODS UNDER THE AMBIT OF DANGEROUS / SECURITY
  • Dangerous Goods
    • As per our sole discretion, we may accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer and this must be given by us in writing before your consignment can be accepted.
    • Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.
    • We do not transport, nor perform any other services relating to goods which in sole opinion are Dangerous Goods including, but not limited to, those specified in the guidelines, instructions, regulations, guidelines, codes applicable to us and our business or to the transport of, or the performance of other services with regard to Dangerous Goods.
  • Forbidden Items: We do not accept consignments that contain forbidden items.
  • There will be no responsibility of the company whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto. We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis).
REFUSAL OF CONSIGNMENTS

Despite of refusal of customer/receiver to accept delivery, the company will try to contact the customer and resort to possible next action. The customer agrees to pay the company any costs the company bears in forwarding, disposing of or returning the consignment and its charges, if any, for the agreed appropriate next action.

If user/s terminates the agreement with PICKKUP with respect to any consignment, user/s shall be liable to pay PICKKUP the entire fees and other expenses so incurred with respect to such consignment.

IF CLAIM/S BRINGFORTH BY THIRD PARTIES

The customer agrees that he/she shall not allow any other person who has an interest in the consignment to bring a claim or action against the company arising out of Carriage even though the company may have been negligent or in default and if a claim or action is made the customer will indemnify the company against the consequences of the claim or action and the costs and expenses the company incurs in defending it.

The above mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User/s and PICKKUP with respect to access to and use of the web site and the Services offered by PICKKUP, superseding any prior written or oral agreements in relation to the same subject matter herein.

SCHEMES RELATING TO CASHBACKS

Terms and conditions relating to cashback can be referred to.

PICKKUP REFERRAL PROGRAM

Please find all referral related terms and conditions here.

ASSURED BOOKING TERMS
  • This scheme is eligible for __________ open category bookings between _____-_______ Hours only.
  • This scheme is eligible when the pickup location is from _________ clusters in Punjab only.
  • Only the users who have received the communication are eligible under this scheme.
  • Each user will only be eligible once a day for this scheme i.e. a user will be eligible for a maximum of Rs 50 cashback in a day in case of unfulfilled booking.
  • The cashback will be auto credited in user's account within 24 hours of an unfulfilled booking.
  • Management decision will be considered final with regard to all aspects of the scheme.
GST
  • GST, as applicable, will be levied on the Invoice.
  • Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.
  • Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.
GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the India, without regard to the principles of conflict of laws. The courts of [Punjab] shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service.

DISCLAIMER

The information contained in the mobile app or website of Pickkup is for general information purposes only. The information is provided by Pickkup and while we endeavor to keep the information up to date and correct, we make no assurances or representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

We assure that we will make every possible and best effort to keep our website and mobile app upto date, so that it could run smoothly, Pickkup takes no responsibility for, and will not be liable for, the website or mobile application being temporarily not working or unavailable due to any technical issues, whih might be beyond our control.