TERMS AND CONDITIONS 


OPTROUTE LOGISTICS TECHNOLOGIES PRIVATE LIMITED is a Private Limited company registered in India. Its registered office is at #4/608, V.O.C Street, Perungudi, Chennai, Tamil Nadu 600041. Its Corporate Identification Number (CIN) is U72900TN2021PTC148767. 


OPTROUTE is the mobile application made available by OPTROUTE LOGISTICS TECHNOLOGIES PRIVATE LIMITED. 


These TERMS AND CONDITIONS or TERMS OF USE (“Terms”) governs your use or access of the application (app), website, products, and services  (“Services”) offered (or made available) by us. 


We recommend that you read these Terms carefully. If you do not agree to all the Terms mentioned on this page, do not use or stop using all of our Services immediately. By using our Services, we assume you accept these Terms. 


We may amend, change, modify, or update these Terms from time to time with or without any prior notification to you and such amendments will be effective immediately on posting here. Your continued use of our Services constitutes your acceptance to all such updated Terms as and when they are posted on our website. 


We may terminate these Terms and any or all of the Services offered by us to you (or in general) at any time for any reason with or without any prior notification. 


“We”, “us”, “our”, “Company”, “Optroute”, “OptRoute” shall refer to OPTROUTE LOGISTICS TECHNOLOGIES PRIVATE LIMITED.


“You”, “User”, “your” shall refer to you, an individual.  


“Parcel”, “Goods”, “Package”, “Item” shall refer to material that is to be transported from one place to another. 


“Consigner”, “Source”, “Sender” shall refer to the individual / business / organization who is in possession of the item(s) and wishes to transport the items to another person or another location.


“Consignee”, “Destination”, “Receiver” shall refer to the individual / business / organization who will be in possession of the item(s) after the successful delivery of the said items to the individual / business / organization


“Logistics Service” is a facility involving one or more steps by which  Customers can transport items from one location to another. 


“Driver”, “Independent Third-Party Logistics Service Provider”, “Contractor” shall refer to an individual / business / organization having a vehicle willing to provide logistics service. Such drivers on our platform are working independently and are not employed by us. 


“Customer”, “Client” shall refer to the User of our application who wants to avail logistics service made available by the Drivers on our application. 


“Subscription Period” shall refer to the time duration from the time a Driver starts or renews an Account on our application in Driver user mode. 


“Service(s)” shall refer to any of the services, application, website, digital and social media accounts made available by us. 


“Applicable Law” refers to all laws, statutes, ordinance, regulations, guidelines, 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 India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in India.


SERVICES


The Services provided by us comprises of any one or more or all of the following: 

  • A technology platform (application or app) which enables Users of our application to get connected for availing Logistics services.  

  • Our website 

  • Any customer service offered by us to you with regards to our application or website 

  • All of the content available on our social media accounts.


We do not provide Logistics Services. Our platform (mobile application) is a technology tool for Drivers to get connected to Customers who are looking for logistics services and vice-a-versa. The Drivers on our application are working independently as Third-party logistics service provides and we do not employ them. 


We do not know the vehicles used by the drivers and it is not part of our business to validate or inspect the vehicles. We consider the information given by the drivers and do a basic validation using automatic methods like computer vision and crowdsourcing.


TERMS OF USE OF OUR SERVICES


USER ELIGIBILITY 


An individual must be at least 18 (eighteen) years of age to be eligible to use our Services. Our services are available only for those individuals who are capable of forming legally binding contracts under the Applicable Law. You must abide by all of the Applicable Laws while using our services and you can use our Services only for lawful purposes. You can not use our Services for the transport of unlawful, hazardous or prohibited materials as per the Applicable Law in your region. You will be denied access to or use of the Services immediately if it is found that the use of our services is done by you for such unlawful purpose. 


USER ACCOUNTS


Our services are available to use only after creating an account on our mobile application. You must be at least 18 years of age to create an account on our application. Account creation requires a valid phone / mobile number that can be registered on our mobile application. To complete the account on our application, you may have to provide further information like name, profile photo, date of birth based on the user mode you select on our application. You should provide accurate and up-to-date information to open the account on our application. An individual can create only one account on our application. 


There are two user modes that our application allows:

  • Driver 

    • This user mode is for individuals who are independent third party logistics service providers. It is expected that such a user has a vehicle that he or she is eligible to drive legally under the applicable law in the region they wish to provide their service. It is also expected that the vehicle (that the Driver uses for providing the services) must be registered at an appropriate RTO and the driver must have a valid driving license to drive such vehicle type.

  • Customer 

    • This user mode is for individuals who are looking for logistics service for their material to be delivered from one place to another place


In the case of the Driver user mode, our application will require you to submit more data for verification, like driver license, photo of vehicle, details (like vehicle registration number, payload capacity, fuel type to name a few.) of the vehicle to be used for providing logistics service. 


CONTENT PROVIDED BY USER 


If you provide any data to our application, you grant us royalty free access to that data for perpetuity. Although, all of your data that you provide to us through our application is your property, you grant us the permission to use it for improving our services, and to display some or all of such data / information to another user on our platform (application) who provide Third-party logistics service or who request such service through our application. 


PREREQUISITES, DEVICE NEEDED, CELLULAR NETWORK AND INTERNET REQUIREMENTS 


Majority of the features of our application depends upon the internet, cellular network and location data of the device a User installs our application on. It is the User’s responsibility to have an appropriate phone (android smartphone with data connection and appropriate (recent) Android version in order to use all the features of the application. We do not guarantee our application to run on all of the devices. The application might not function properly based on hardware and mobile settings done by you (User). 


USER ACCOUNT DELETION, TERMINATION AND BLOCKING OF USER ACCOUNT(S)


You can ask to delete your account on our application. The data associated with the account that is for the duration before such a deletion request will still be stored on our server. We can Deactivate, terminate, or block access to certain or all the features or Services for any User at the Company’s sole discretion with or without any prior notice. Your access to our application or for any or all of the Services we provide can be deactivated, blocked or terminated for any, more or all of the following reasons:

  • Non-payment of the subscription fee 

  • Engaging in unlawful, illegal or prohibited activity under Applicable Law

  • Non-completion of the service for the request(s) that you accept through our application.

  • Unintended use of our Services 

  • Violation of the Terms mentioned on this page. 


 

LICENSE AND PERMISSION TO USE OUR SERVICE 


Upon the agreement on these Terms mentioned on this page, Optroute (we) grant you the license (which is limited, non-exclusive, revocable, non-transferable) to use our Services.  



COPYRIGHT

Optroute is the sole owner of our website, its content, our application and its content and any of the content labels on any of our social media accounts. 



THIRD-PARTY SERVICES


Our application utilizes some of the Third-party services in order to provide the best user experience possible. These Third-party services include OpenStreetMap, Google Places API and Payment Gateway and Firebase. When using theseThird-party services in our application, you accept the terms and privacy policy for such Third-party services whatever that may be. Just because we use these services, does not mean that we endorse the use of those specific services and we do not ensure the proper functioning of these features whenever they are used. 



SUBSCRIPTION


If you choose to use our application in Driver user mode, then you are supposed to have the subscription for that. All of the Third-party logistics service providers (Drivers) have to take the subscription that has to be renewed on or before the subscription expiry date.



PAYMENTS


PAYMENT FOR SUBSCRIPTION

Payment for the subscription for Drivers has to be done  on or before the subscription expiry date. User(s) can pay directly from our application by using his / her preferred payment method that gets provided by the Third-party Payment Gateway service that we use to process all of our subspayment of the application.


PAYMENT FOR THE DELIVERY CHARGES

delivery charges for the packages delivered by the third party logistic service provider are supposed to be paid by the customer who avail search service. This payment must be done directly to the independent third party logistics service provider. we do not facilitate such payment within application




CANCELLATIONS AND REFUNDS


FOR SUBSCRIPTION CHARGES


The subscription charges are payable  on or before the subscription expiry date. This payment is not refundable.


FOR DELIVERY CHARGES


The delivery charges that are supposed to be paid by the customers directly to the Driver. It is recommended the delivery charge gets paid once such service has been completed by the Driver. It’s the responsibility of the Driver that they contact the Customer and confirm the mode of the payment beforehand. 



LIMITATIONS OF LIABILITY


REGARDING DRIVER(S)


The individuals that are using the driver user mode it is expected that they have a vehicle that is legally allowed to run on the road under the applicable law in the region that the Driver wishes to provide service in.


We are not responsible for any of the damage that the vehicle or driver can incur while providing the services through our platform. In case of any penalty that gets charged to a driver by the authority of the region for breaking the applicable law directly or indirectly, we(Optroute) will not be responsible for that. 


Optroute will not be liable for any direct or indirect damages, loss of profit, punitive or consequential damages, loss of data, any personal property damages that may arise with the use of the Services offered by our company.


The driver must transport the goods immediately to the destination assigned or requested by the customer and must close the transaction with the exchange of a drop-off OTP (One-Time-Password) from the Customer.


REGARDING CUSTOMER(S) 


While using any service provided by Drivers available on our platform (application), it is the responsibility of the customer to do their due diligence with regards to Driver as well as the vehicle used by the Driver to provide such service. Customers must check if the Vehicle Registration Number (also called License Plate Number) matches the one displayed in our application. Drivers will be required to input 4-digit OTP (one time password) at the time of pick-up as well as drop-off. Customers should share these with the Driver only after verifying the identity of the driver and vehicle. 


Optroute will not be liable for any loss of Property, Goods or Package that might occur during the transaction between the Customer(s) and the Driver(s), because of the mistake(s) of the Driver(s) or Customer(s). 



INDEMNITY


You agree to indemnify and hold Optroute (and its directors and employees) harmless from any and all claims, demands, losses, liabilities, and expenses arising from or in connection with: 

  • Your use of the Services

  • Your use of Services or goods obtained through the Services offered by us 

  • Your breach or violation of any of the Terms mentioned on this page 

  • Our use of your User Content provided by you to us. 

  • Your violation of the rights of any third party, including Third Party Service Providers.



DISCLAIMER


Optroute disclaims all representation, guarantee, warrantee, not expressly stated in these Terms. Our Services are offered ‘AS IS’ and ‘AS AVAILABLE’. From time to time, we may update any or all of the Services. The users are expected to update our application to the latest version available. We do not claim the features available in the earlier versions of the application will continue to exist in the latest version. We make no claims of reliability, quality and availability of the Services. We also make no claim of reliability, quality and availability of third-party service providers. Any risk that arises from your use of the Services provided by us and well as the Services provided by third-party on our application, will remain solely with you, to the maximum extent permitted under applicable law. Any disputes between the Driver and Customer will not be attended to by Optroute. Any complaints will be dealt only from a technical angle and not personal complaints about the driver or the customer