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.
The Service Provider hereby represents, warrants and covenants to Logistics Junction that:
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.
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.
Logistics Junction currently provides the following modes of payment to its clients (the company):
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.
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.
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.
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.
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.
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.
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.
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.