The terms for truck partners (“Truck Partner Terms”) shall apply to Logistics Junction’s truck agency providers (“Service Providers”) in addition to the terms and conditions of use generally applicable to the Users of the Services available at https://logisticsjunction.com/ (“Terms of Use”, and collectively with Truck Partner Terms, the “Service Provider Terms”). In the event of a contradiction between the Truck Partner Terms and the User Terms, the Truck Partner Terms will apply & prevail to the Service Providers over other user terms. All capitalized terms used but not defined herein shall have the meaning assigned to such terms under the User Terms.

1. License

Logistics Junction hereby grants to the Service Provider a revocable, non-transferable, nonexclusive, non-sub-licensable, limited and specific license to use the Portal. The Service Provider shall only use the Portal in accordance with the directions of Logistics Junction and in strict adherence to Service Provider Terms, and any default by the Service Provider in this regard will be considered as material and will entitle Logistics Junction to undertake all remedial measures available to it pursuant to the Service Provider Terms and/or under applicable laws, including deduction of penalties described from time to time from amounts payable by Logistics Junction to the Service Providers for carriage services provided by the Service Provider on the Portal (“Carriage Services”). No right of a Service Provider under the Service Provider Terms or applicable law shall be enforceable by any person other than the Service Provider and the Service Provider shall not have the right to assign its rights or obligations under the Service Provider Terms to any person without the prior written consent of Logistics Junction. Logistics Junction retains the right to transfer its rights and obligations under the Service Provider Terms to any person without the prior consent of the Service Provider.

2.Registration as Service Provider:

• The Service Provider will register with Logistics Junction prior to using the Services for undertaking business transactions with any User. Upon registration, representatives from Logistics Junction shall contact the Service Provider for completion of registration process and execution of an agreement to govern the relationship between the Service Provider and Logistics Junction (“Service Provider Agreement”). It is clarified that the Service Provider Agreement shall be in addition to the Service Provider Terms, and in the event of a conflict between the Service Provider Agreement and the Service Provider Terms, the Service Provider Agreement will prevail.
• The Service Provider (including a prospective Service Provider) acknowledges that Logistics Junction reserves the right to refuse registration as a Service Provider, inter alia on account of failure by the Service Provider to comply with the requirements prescribed by Logistics Junction from time to time, in relation to the category of vehicles (in terms of length, carrying capacity, body type, etc.) proposed to be on-boarded to the Portal by the Service Provider, antecedents and past-track record of the Service Provider, etc. For instance, Logistics Junction may, at its discretion, refuse registration of flatbed vehicles, or vehicles registered before the year 2005. Please visit our website for prescribed criteria for registration/on-boarding of vehicles.
• The Service Provider shall be permitted to de-register from the Portal at its discretion, in accordance with the Service Provider Agreement, provided however such de-registration would be effective only upon completion of all pending Work Orders (defined below) of the Service Provider on the Portal, and settlement of all dues with Logistics Junction, in accordance with the Service Provider Agreement and Service Provider Terms. Further, in the event a Service Provider becomes non-responsive on the Portal without the prior approval of Logistics Junction and Logistics Junction is of the view that the Service Provider has sought to de-register itself other than in accordance with the Service Provider Agreement and Service Provider Terms, Logistics Junction shall be entitled to levy a penalty of Rs. 25,000 on such Service Provider, and take such additional measures as it may deem fit.
• Logistics Junction reserves the right to de-register a Service Provider from the Portal at its discretion, inter alia on account of deficiency in providing Carriage Services, professional misconduct, objectionable conduct by the Service Provider Employees (defined below), any offence under applicable laws. Logistics Junction, shall, at its discretion, be permitted to de-register Service Providers from the Portal without cause upon issuance of prior written notice of 7 days, and Logistics Junction shall not be liable to compensate the Service Provider for any loss sustained on account of the same, whether in law, contract or equity, except payment of any outstanding undisputed dues for the Carriage Services provided by the Service Provider in accordance with the Service Provider Agreement and/or this Service Provider Terms.
• The Service Provider acknowledges that Logistics Junction has not represented or warranted that the Portal or the Services will meet the business requirements of the Service Provider and does not undertake to provide such facilities free of errors, downtime, faults, delays or interruptions. Further, the Service Provider agrees that Logistics Junction will have scheduled down time for server maintenance and upgrades and the Service Provider shall not hold Logistics Junction responsible for any loss of business, delay in completion of business transactions, or other similar consequences to the Service Provider as a result of downtime of the Portal or the Services including as a result of Force Majeure events with respect to vehicles, route plied and such other areas on which Logistics Junction has no control on.

3.Representations, Warranties and Covenants:

The Service Provider hereby represents, warrants and covenants to Logistics Junction that:

• It has the capacity and authority to enter into business transactions through the Portal and Services provided by Logistics Junction, and perform all obligations in relation to providing Carriage Services on the Portal.
• It has provided true, complete, and accurate details at the time of registration and shall undertake to keep the registration details factually updated at all times. Any loss suffered or incurred or likely to be incurred or suffered by a Service Provider which is attributable to the failure of the Service Provider to provide correct details or update the same on the Portal, shall be the sole responsibility of the Service Provider and Logistics Junction shall not be liable, in any manner or at any time, to the Service Provider for such loss or claims. Further, Logistics Junction reserves the right to cancel the registration of the Service Provider for any false, inaccurate or incomplete information provided by the Service Provider on the Portal.
• It shall not, directly or indirectly, permit any third party to use such Service Provider’s registration details to engage in any manner with the Users.
• It does not intend to and shall not utilize the Portal to engage in activities that are obscene, harmful to religious or popular sentiments, illegal, immoral, not in good faith or result in or are likely to result in adverse impact on the operations, business prospects, clients, and/or reputation of Logistics Junction.
• Any information displayed or disbursed by it on/ using the Portal or the Services of Logistics Junction do not violate the rights including confidentiality or intellectual property rights of any third party.
• It shall not use the Portal or the Services to introduce any software, virus or other materials which could interfere with the operations of Logistics Junction or its engagement with any of its Users and/or other vendors, business partners or Service Providers etc.
• It shall not post, transmit, store, upload or otherwise display or deliver any message, content, information, document or image that is or has the effect of being a marketing message, advertisement, promotion on the Portal or via the Services without obtaining the prior written consent of Logistics Junction. The Service Provider also undertakes to provide to Logistics Junction or any third person identified by Logistics Junction, all information requested by Logistics Junction and/or such third person to verify the Service Provider’s compliance with the abovementioned representations.
• It has conducted and will conduct every quarter (or such shorter period as may be intimated by Logistics Junction from time to time), a thorough background verification of each Service Provider Employee (defined below) directly engaged in providing Carriage Services, including without limitation, due verification with law enforcement authorities.
• It has validly obtained and maintains, and will continue to validly obtain and maintain, all registrations, permits, approvals as required under applicable laws for owning, using or operating the vehicles on-boarded on the Portal for performing Carriage Services.
• In the event of initiation of any proceedings inter alia against Logistics Junction arising out of or in any manner related to Carriage Services being provided by the Service Provider, the Service Provider shall fully cooperate with Logistics Junction and its advisors, consultants, agents, etc. and provide all assistance required by Logistics Junction and its advisors, consultants, agents, etc. for effective resolution of such proceedings.

4. On-boarding and De-boarding:

• A Service Provider shall, from time to time, be permitted to on-board vehicles to its fleet of vehicles engaged in providing Carriage Services on the Portal, subject to such criteria as may be specified by Logistics Junction from time to time, and as more particularly set out on our website. It is clarified that on-boarding of vehicles on the Portal shall be regulated by Logistics Junction, inter alia in terms of the demand anticipated by Logistics Junction (in terms of length, carrying capacity, body type, etc.), road-worthiness of vehicles and any other criteria as may be determined by Logistics Junction from time to time. The Service Provider shall be required to register the driver and the helpers for each truck on-boarded on the Portal. The Service Provider shall ensure that vehicles used for providing services booked through Logistics Junction shall be such registered trucks and they shall only be driven/ occupied by registered drivers and helpers. Before the commencement of each trip, the Service Provider shall ensure that the registered driver and/or helper for such trip remain eligible and able to undertake such trip (including having appropriate licenses and being mentally and physically fit). Failure to ensure the same shall be deemed to be a beach of the Service Provider Terms and result in automatic de-boarding of the vehicle, driver and helper and further imposition of a penalty of Rs. 2,000 by Logistics Junction, in addition to any losses that may accrue to Logistics Junction on account of such failure of the Service Provider including as a result of any negligence by any employees, agents or representatives of the Service Provider.
• A Service Provider shall, from time to time, be permitted to de-board vehicles from its fleet of vehicles engaged in providing Carriage Services on the Portal by submitting a request in this regard to Logistics Junction from the Portal, subject to such criteria as may be specified by Logistics Junction from time to time. It is clarified that de-boarding of vehicles on the Portal shall be subject to a prior notice of at least 7 (seven) business days, and completion of all Work Orders (defined below) undertaken by the Service Provider on the Portal in relation to such vehicle. Upon completion of 7 (seven) days, the vehicle shall be deemed to have been “de-boarded” from the Portal, unless otherwise specified by Logistics Junction. In the event a Service Provider withdraws an on-boarded vehicle without following the de-boarding process, Logistics Junction would have the right to deduct appropriate penalties in accordance with the Service Provider Terms and the Service Provider Agreement, in addition to the right of Logistics Junction to de-register such Service Provider from the Portal.
• It is clarified that Logistics Junction reserves the right to direct mandatory de-boarding of vehicle(s) from the fleet of a Service Provider engaged in providing Carriage Services on the Portal, inter alia, on account of any defects (latent or patent) in such vehicles, breach by the Service Provider of applicable laws etc.
• Logistics Junction hereby reserves the right to discontinue the use and services of Vehicles with high maintenance leading to frequent breakdown and drivers with a record of reckless driving.

5. Tracking:

The Service Providers agree that Logistics Junction shall, at the risk and cost of Service Providers, install tracking applications/ devices (including installation of mobile applications on the mobile phone(s) designated for use by the driver and conductor of such vehicle of the Service Provider) on each vehicle that is on-boarded to the fleet of a Service Provider for performing Carriage Services on the Portal (“Tracking Device”). The Service Provider shall, and shall cause the Service Provider Employees (defined below) to ensure that the Tracking Device is functional at all times, except on account of Force Majeure. In the event of a failure to ensure that the Tracking Device remains operational at all times, Logistics Junction shall not be liable to pay the Service Provider for any distance covered during the time the Tracking Device remains non-operational, in addition to levying penalties for any consequential loss (for e.g., delay in delivery of consignment, cancellation of the Services by the User) arising as a result of the Tracking Device remaining non-operational.

6. No Refusal:

The Service Provider agrees that upon registration on the Portal, the Service Provider cannot refuse the performance of any work-order for Carriage Service generated on the Portal in respect of any vehicles forming part of its fleet (“Work Order”). It is clarified that refusal by a Service Provider to honour a Work Order, will result in imposition of a penalty on the Service Provider aggregating to the value of the Work Order, in addition to downgrading of the Service Provider on the Portal. The Service Provider agrees that these amounts will be deducted from any outstanding dues payable to the Service Provider in respect of any Carriage Services already performed by such Service Provider.

7. Market Place model :

• The Client (the Company), select a certain Bid among multiple bids in relation to Carriage Services proposed to be provided by the Service Provider on the Portal (“Multiple Bids”). These bids are quoted by the service provider based on the market trends. The entire responsibility of this carriage services once agreed upon by the company is entailed on the service provider in this model from generation of his own consignment note to ensuring that delivery of the vehicle is as per the specifications of the company.
• The Service Provider (including a prospective Service Provider) acknowledges that Logistics Junction reserves the right to refuse registration for Multiple Bid Plans, inter alia on account of failure by the Service Provider to comply with the requirements prescribed by Logistics Junction from time to time, in relation to the category of vehicles (in terms of length, carrying capacity, body type, etc.) proposed to be on-boarded to the Portal by the Service Provider, antecedents and past-track record of the Service Provider, etc. For instance, Logistics Junction may, at its discretion, refuse registration of flatbed vehicles. Please visit our website for eligibility details, registration formalities and other details.

8. Fixed Price Model:

• The Client (the Company), quote a certain price which he shall be willing to pay for a select set of services in relation to the Carriage Services proposed to be provided by the Service Provider on the Portal. This Model will enable a Service Provider to choose only a preferred set of services for a price and preferred consignments for each individual truck that it is on-boarded to the Portal. Once selected, such preferences shall only be modified with the prior approval of Logistics Junction and shall be effective only for future orders and not for orders already accepted. Further, the Service Provider shall ensure that the vehicles selected for delivery of a particular consignment are fit and proper for such delivery (for example, vehicles for transport of perishable goods must be capable of cold storage if necessary). Under the Fixed Price Model, the Service Provider shall be at liberty to accept/ reject Work Orders offered to it on the ‘Logistics Junction Transporter App’ within a time window as displayed during the booking on the Portal(Closure Hours). The amount payable to the Service Provider for completing such Work Order shall be dynamic and shall be specified in the Work Order Notification. In the event the Service Provider refuses the performance of any Work Order after accepting a Work Order Notification, it shall be subject to the cancellation charges as per the cancellation policies terms.

9. Payment Terms:

Logistics Junction currently provides the following modes of payment to its clients (the company):

• To pay mode: Consignee to make the payment to the Consignor on the receipt of consignment at the agreed Destination. Logistics Junction shall recover the amount from the Consignor as per the terms and conditions mutually agreed.
• Advance Mode: Consignor to make an advance payment of 50% of the Total Price agreed to Logistics Junction and the balance shall be paid on the delivery of the consignment and the vehicle reaching the destination agreed upon.
• Logistics Junction shall generate an Automated Invoice to the Consignor at every stage of the transaction.
• Payment for any Carriage Service rendered by a Service Provider on the Portal shall be processed within 7 (seven) business days (or such longer period as may be required on account of bank holidays, Force Majeure, etc.) of completion of the Carriage Services, provided that payments for Carriage Services rendered pursuant to an Multiple Bid Plans or a Fixed Price Model will be made within 7 (seven) business days (or such longer period as may be required on account of bank holidays, Force Majeure, etc.) of completion of each Gregorian calendar month. All payments to Service Providers shall be paid subject to applicable set-offs for any amounts or penalties due by the Service Provider to Logistics Junction. These payments shall be subject to the submission of all the necessary documents as may be prescribed by Logistics Junction. The Service Provider is to note the above payment terms selection by the company , and place a bid on the basis of the above terms.

10. Penalties and Fines

• Service Providers acknowledge that Logistics Junction shall be entitled to levy penalties and fines on Service Providers inter alia on account of: (a) breach of Service Provider Terms and/or Service Provider Agreement; (b) any damage or loss to consignment during transit; (c) any unauthorized delay in delivery of consignment, etc. (collectively referred to as a “Breach”). It is clarified that Logistics Junction, acting reasonably, shall be entitled to ascertain and determine the amount of penalty/ fine, having regard to the nature and extent of Breach. The Service Provider agrees and acknowledges that such determination by Logistics Junction shall be final and conclusive.
• The Service Provider acknowledges that in the event of any willful, negligent or rash conduct on the part of the Service Provider or the Service Provider Employees (defined below), which inter alia results in any damage to the consignment (including pilferage, adulteration, deterioration in value, etc.), Logistics Junction shall, in addition to imposition of penalties and fines on the Service Provider, be entitled to take such other steps as it may deem necessary, including de-registration of Service Provider and initiation of legal proceedings for recovery of loss, etc.

11. Cancellation

In the event of any cancellation by a Service Provider (including by Service Provider Employees (defined below)) on any account whatsoever, Logistics Junction shall be entitled to levy penalties on the Service Provider, in addition to taking such other measures as it may deem fit. These measures shall include, without limitation, downgrading of the Service Provider on the Portal, imposition of minimum security deposit prior to permitting the concerned Service Provider to offer any further Carriage Services on the Portal. Please visit our website for further details in relation to Logistics Junction’s cancellation policies.

12. Confidentiality

The Service Provider shall keep as confidential and not disclose to any third party any information concerning Logistics Junction’s business, Services (including without limitation any software, screen layouts, manuals and process workflows), Users, clients, investors, fees, software programs, trade secrets, data stored on servers, methods or processes etc. (“Confidential Information”), without the prior written consent of Logistics Junction. The terms and pricing of the Carriage Services, the manner of access to the Portal, the terms and pricing of the engagement between the Service Provider and Logistics Junction, the details of the various plans, offers, promotions, advertisements, expansion plan, re-organizations etc. in effect or planned by Logistics Junction shall be each considered Confidential Information. The Service Provider shall not by itself or by enabling or assisting a third person, reverse engineer the underlying technology of the Portal or the Services. The Service Provider acknowledges that any unauthorized use or disclosure of the Confidential Information shall cause irreparable damage to Logistics Junction and entitle Logistics Junction to pursue all remedies available pursuant to these terms or applicable law including levy of fines and penalties. If an unauthorized use or disclosure occurs, the Service Provider will take, at its expense, all steps that are necessary to recover Logistics Junction’s Confidential Information and to prevent its subsequent unauthorized use or dissemination, including availing itself of actions for seizure and injunctive relief. If the Service Provider fails to take these steps in a timely and adequate manner or in accordance with the directions issued by Logistics Junction in this regard, Logistics Junction shall be entitled to such actions at the cost of the Service Provider. Logistics Junction will undertake methods that are market standard to ensure that the confidentiality of the Service Provider’s registration details and details of the business transactions undertaken by it using the Portal or the Services are kept confidential. Provided however that Logistics Junction shall be entitled to disclose such Confidential Information without the prior consent of the Service Provider to Logistics Junction’s employees, advisors, directors, officers and agents, legal authorities and potential investors of Logistics Junction. Logistics Junction shall not be obligated to keep as confidential, any information that is received by it through lawful means, or information that is publicly known or available.

13. Publicity

Logistics Junction may, at its sole discretion, display the Service Provider’s trademark, brand name, logo, and/or insert a link to the Service Provider’s website/ contact details and display the reviews left by Users on the profile of the Service Provider or in respect of any vehicle identification number allotted by Logistics Junction (whether with or without reference to the concerned Service Provider), or otherwise submitted by the Service Provider to Logistics Junction for the purpose of marketing and promoting the Portal and/or the Services. The Service Provider hereby consents to such use of the Service Provider’s proprietary information.

14. Branding

Logistics Junction reserves the right to affix its trademark, brand name, logo and other promotional material/ information from time to time (“Branding Material”) on vehicles of Service Providers, and the Service Providers shall ensure that such Branding Material is not desecrated or otherwise damaged in a manner that distorts the same, and in the event of any damage to the Branding Material, the Service Provider shall forthwith inform Logistics Junction to undertake necessary measures to rectify the same at the risk and expense of the Service Provider. The Service Provider acknowledges that diversion of vehicles carrying Branding Material for any other purpose may cause considerable reputational and other damage to Logistics Junction, and accordingly, the Service Provider undertakes that all vehicles of the Service Provider carrying Branding Material shall not, in any eventuality, be used for any purposes other than in relation to providing services on Logistics Junction, except with the prior written consent of Logistics Junction.

15. Vicarious Liability

The Service Partners agree and acknowledge that they shall remain solely responsible for all acts and omissions of drivers, other agents, conductors, directors, officers, consultants, advisors and employees of the Service Provider engaged in providing Carriage Services on in the Portal (“Service Provider Employees”), and the Service Provider agrees to indemnify and hold harmless, Logistics Junction, its directors, officers, employees and agents against any loss or liability arising out of any actions attributable to the Service Provider Employees. It is clarified that Logistics Junction shall not, in any scenario, be deemed to be the “employer” or “principal employer” of the Service Provider Employees, and the Service Provider alone shall be responsible for payment of salaries, allowances and other contractual and statutory benefits to Service Provider Employees, including without limitation payment of mandated minimum wages, deposit of contributions pursuant to the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, the Employees’ State Insurance Act, 1948, etc.

16. Conduct of Service Provider Employees

The Service Provider undertakes to ensure that the Service Provider Employees shall, at times, display gentlemanly and workman-like conduct, and shall conduct themselves in accordance with good social etiquettes and all applicable laws and regulations. The Service Provider shall, from time to time, organize training and sensitization sessions for the Service Provider Employees at their cost and expense, to comply with their obligations in this regard. The Service Provider agrees that in the event any complaint is received by or from Logistics Junction in relation to the conduct of any Service Provider Employee, the Service Provider shall immediately de-roster such Service Provider Employee from providing any Carriage Services in relation to Logistics Junction, without any demur or protest. The Service Provider shall ensure that all Service Provider Employees delivering services on behalf of the Service Provider including drivers, helpers, loaders, unloaders, are physically and mentally fit, are not suffering from any disability that prohibits them from undertaking such activities and possess all applicable licenses and permits (including valid driver’s license to drive commercial light and heavy vehicles). The Service Provider shall ensure that its vehicles are not driven by any person who is inebriated or under influence and shall be solely responsible for compliance with applicable law in this regard.

17. Disclaimer of Logistics Junction’s liability

The Service Provider acknowledges that Logistics Junction is only an intermediary providing online marketplace services, and the Portal is only a platform for facilitating the interaction of the Service Provider and other Users, and other than the information voluntarily declared by Users on the Portal (which has not been independently verified), Logistics Junction is not aware of or responsible for the goods and items being transported in vehicles of the Service Providers engaged on the Portal by Users, and Logistics Junction disclaims any warranties, express or implied, including without limitation, any warranty in respect of the nature or contents of a consignment booked by a User. The Service Providers further acknowledge that Logistics Junction shall not be responsible or liable for any direct, indirect, incidental, punitive, or consequential loss or damage, howsoever caused or suffered by the Service Provider or Service Provider Employees arising out of performance of Carriage Services or otherwise in relation to or arising out of the Portal, including but not limited to any loss suffered by the Service Provider on account of cancellation of a Work Order, cessation of the Portal, non-declaration or a false/ incomplete/ inaccurate declaration of goods and items by a User, etc.

Principal to Principal Relationship

The Service Provider agrees and understands that by registering on the Portal, the Service Provider shall not become an agent, employee, partner, joint-venture partner, or associate of Logistics Junction and all interactions between Logistics Junction and the Service Provider shall be on a principal to principal basis. The Service Provider shall not have the authority to bind the Logistics Junction to any agreement or commitment without the prior consent of Logistics Junction.

18. Miscellaneous

• The Service Provider agrees and acknowledges that it shall be solely responsible for compliance with all applicable laws in relation to providing Carriage Services.
• Logistics Junction reserves the right to modify, terminate or suspend Services to Service Provider(s) at any time without prior notice due to any changes in internal policy or applicable law or any breach of terms by Service Provider(s) or for any reason whatsoever.
• Any notice or notification in relation to these terms can be made in writing to [email protected].
• Governing Law and Jurisdiction
  • Any dispute, controversy or claim arising out of or relating to these terms or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under applicable law shall be amicably settled through mutual consultation. If the Dispute is not settled amicably as aforesaid within a period of 30 (thirty) calendar days, the matter may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be presided over by a sole arbitrator mutually appointed by Logistics Junction and the Service Provider.
  • The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Pune, India.
  • These Terms shall be governed by and construed in accordance with the laws of India and, subject to this clause, the Service Provider agrees and undertakes that subject to clause (i) above, any controversy or claim arising out of or relating to these terms will be adjudicated exclusively before a competent court in Pune, India only.