Terms of Service

Welcome to Yantram. If you continue to browse and use our app/website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern YellowHat Tech Pvt Ltd (Owner of Yantram) relationship with you in relation to this app/website and the Services (as described below)

In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein would prevail.

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:

  • "We", "us", "our", "Carrier", "Yantram", "Company" shall refer to YellowHat Tech Pvt Ltd its employees, authorised agents and its independent contractors and the entities that carry or undertake to any works undertaken on an equipment hiring and rental basis, with or without specified “machine operators/ drivers” hereunder or perform any other services incidental thereto on its behalf.

  • “You”, “your”, “hirer”  shall refer to the clients, contractors material suppliers, labour suppliers, consignor or consignee of the Consignment, holder of Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.

  • “Services” means the technology-based services provided by Yantram which enable the following:

    • the hiring of vehicles / construction equipment by Customers for a point to point service, or for time and usage based specific works/ service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices;

    • hiring of labour/ machine operators/ drivers by Customers for any works ; and

    • such other services which Yantram may from time to time add.

    • "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment.

    • “Equipment rental” means hiring of equipments/ machines with or without operators for getting works done  or transport under the sole responsibility and instructions of the hirer/ client.

    • "Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by us for carriage under our Consignment Note.

    • “Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR or other national regulations for transport.

    • “Dangerous jobs/works” means any work executed in the work site which may be potentially hazardous or involves occupational hazards, which may cause injury and damages to people or property.

    • “Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.

    • "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law.

    • “Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.

    • “Applicable Law” means  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 the Republic 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.

USER(S) ELIGIBILITY

User(s) means any individual or business entity/ organization that legally operates in India or in other country, uses and has the right to use the Services provided by Yantram. It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age. Yantram advises its users that while accessing the web site, they must follow/abide by the related laws. Yantram is not responsible for the possible consequences caused by your behavior / acts during use of web site. Yantram may, in its sole discretion, refuse the service to anyone at any time.

USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all Yantram Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

AMENDMENT TO USER(S) AGREEMENT

Yantram may change, modify, amend, or update this agreement from time to time with or without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms and deemed acceptance of the amended Agreement. Further, User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

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

All rights, not otherwise claimed under this agreement or by Yantram.app, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Yantram does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS " with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Yantram be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Yantram reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the app/website. Trademark

All related icons and logos are registered trademarks or trademarks or service marks of Yantram in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Copyright

All content on this web site is the copyright of Yantram except the third party content and link to third party web sites on our app/website.

Systematic retrieval of Yantram content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Yantram is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Yantram's Services, you agree that you will not use the web site service to infringe the intellectual property rights of Yantram or any other third party in any way. Yantram reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the Yantram service, or if Yantram believes that user(s) conduct is harmful to the interests of Yantram, its affiliates, or other users, or for any other reason in Yantram's sole discretion, with or without cause. You shall be liable to indemnify Yantram for any losses or expenses incurred by Yantram due to any infringement of intellectual property rights owned by Yantram without prejudicing Yantram's right to bring any legal action against you.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and Yantram has no control over such sites i.e content and resources provided by them.

Yantram may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Yantram believes that user(s) acknowledge that Yantram has no control over such third party's site, does not monitor such sites, and Yantram 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. User(s) shall review Yantram's Privacy Policy and abide by Yantram's Privacy Policy at the time of the User(s) interaction with Yantram, with respect to and concerning any information and data.

TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, Yantram reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Yantram also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Yantram and/or other visitors to the web site. Yantram reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms & Conditions shall apply to customers utilising the Services offered by the Company for the hiring of vehicles/ construction equipments: The customer shall pay  a booking confirmation deposit with Yantram which shall be paid by Yantram to the service provider after the completion of work and the balance hiring charges/rentals and all other expenses associated with the hiring of the equipment/vehicle directly to the equipment/ vehicle owner (as agreed),  including but not limited to parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for availing the Services of Yantram. In case the hirer/ client does not avail the services or cancel the booking, 24 hrs before, Yantram reserves the right to forfeit the booking confirmation deposit and pay the same to the equipment owner concerned to mitigate their losses. The customer agrees and accepts that Yantram is only a facilitator and aggregator platform which facilitates the matching of clients and equipment/ vehicle owners for specific usage on agreed terms and  the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied. The customer shall ensure that he/she will not indulge in any of the following activities while availing the service:

  • Soiling or damaging the body and/or any other interiors of the vehicles.

  • Instructing the equipment operators to undertake dangerous jobs, without adequate safety checks and safety arrangements, directly under the supervision of qualified people, as per the construction codes and laws prevailing in India.

  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.

  • Asking the driver/ operator to break any Traffic/RTO/City Police and/or any  government Acts and rules for any purpose. The driver/operator has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up.

  • Pressurizing the driver/ operator  to overload vehicle/ equipment with  any load other  than the allowed limit.

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

The Company shall be entitled to disclose to all companies within its group, or any government body as so required by the Applicable Law or by directive or 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 fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify Yantram with respect to any expenses incurred with respect to such booking.

In case of lost items/ damages  during the transit/work, Company will try to recover the items on a "best-effort" basis but is not responsible for the same in case of loss or damage or theft or misappropriation to / of the same. Yantram aggregates the vehicles for the purposes of providing Services. In the event of loss/ damage of any item, User(s) shall not have any right to withhold the payment to be made to Yantram. Further, in the event any payments from the User to Yantram are pending for the period prescribed by Yantram in its respective invoice / statement, Yantram reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to Yantram for the Services. Additionally, User(s) will be liable to indemnify Yantram against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles, equipment or Services of the Company.

The Company shall not be liable for any conduct of the drivers/ operators of the vehicles/equipments. However, the Company encourages you to notify it, of any complaints that you may have against the driver/ operator that you may have hired using the Company's Services.

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound 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.Yantram.app on the date that Company may indicate that such addition, variation or amendment is to come into effect.

All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, 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.

Cancellation Policy: All cancellations made before 24 hours of the  confirmed scheduled start time of the booking will attract forfeiting of the booking confirmation deposit amount,  unless rescheduled within 24 hours of the scheduled start time of booking. Cancelling two bookings in a week after vehicle/ equipment allocation will temporarily suspend your account for 24 hours. Figures are subject to change.

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

CONFIDENTIALITY

User(s) shall not disclose any information received under the contract of service with Yantram to any third party. Access to any information which pertains to business of Yantram shall be kept confidential to the extent it might adversely impact Yantram's business. User(s) shall be liable to indemnify Yantram against any loss of business or reputation due to the act of the user(s).

DISCLAIMER

All vehicles/equipments registered with the Company may be continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver/ equipments for the vehicles or Labour for loading/unloading of Consignment. Vehicles, drivers and Labour are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the Labour, drivers and the vehicles alike.

The Company have 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.

INSURANCE INFO

Yantram does not offer any kind of insurance of the vehicle/ equipments in this platform and any such claims shall be governed by the individual insurance arrangements of the vehicle/ equipments.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By making enquiries, your bookings and availing our services us, you accept our terms and conditions set out  above. 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.

YOUR OBLIGATIONS

  • You warrant, undertake and guarantee to us:

    • That the contents of the Consignment are not Prohibited 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 Applicable Law and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under Applicable Law.

    • That the equipments you hire are used only for lawful purposes and strictly under your supervision and complete responsibility.

    • That all statements and information and documents provided by you relating to the Consignment will be true and correct and you acknowledge that in the event that you make untrue or fraudulent statement about the Consignment or any of its contents, you would risk a civil claim and/or criminal prosecution the penalties for which may include forfeiture and sale. You agree to indemnify us and hold us harmless from any claims that may be brought against us or our agents arising from the information provided by you.

    • All Applicable Laws and safety procedures as per the laws  has been complied with by you.

  • You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment/ work order that contravenes any of your obligations.

  • 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, work methodology, skill of the driver/operators and fitness for any purposes are excluded to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:

    • The Services meeting the customer's requirements and expected standards.

    • The Services will be uninterrupted, timely, secure, or error-free.

    • Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services 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.

    • Any additional or extra charges for far off locations & toll charges as well.

  • Applicable Law has been complied with by you.

    • Circumstances beyond our control such as (but not limited to):

      • Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters

      • Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions.

      • National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.

      • Latent defects or inherent vice in the contents of the consignment.

      • Criminal acts of third parties such as theft and arson.

    • Your acts or omissions or those of third parties such as:

      • You being in breach of (or any other party claiming an interest in the consignment causing you to breach) your obligations under these terms and conditions.

    • The contents of the consignment consisting of any article that is a prohibited item / Dangerous Goods / Valuables even though we may have accepted the consignment by mistake or you have willingly handed it over to us without notifying / informing / declaring to us.

DANGEROUS GOODS /  JOBS/SECURITY

  • Dangerous Goods

    • We do not carry, nor perform other Services regarding, goods or jobs which are in our sole opinion Dangerous Goods/ Jobs including, but not limited to, those specified in the regulations, guidelines, technical instructions, codes applicable to us and our business or to the transport of, or the performance of other Services regarding, Dangerous Goods/ jobs.

  • Prohibited Items: We do not accept consignments that contain prohibited items.

  • We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility 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.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the consignment/ job to bring a claim or action against us arising out of Carriage/ jobs even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur 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 Yantram with respect to access to and use of the web site and the Services offered by Yantram, superseding any prior written or oral agreements in relation to the same subject matter herein.

YANTRAM REFERRAL PROGRAM

Please find all referral related terms and conditions

SERVICE FULFILLMENT FAILURES AND REFUND

 We accept only booking confirmation deposit after the customer’s express confirmation, and in the event of the equipment/ Vehicle owner refuse to turn up at the designated place and time, all endeavours will be made by Yantram to arrange an alternate vehicle/equipment within reasonable time and if Yantram fails to this, the entire booking confirmation deposit shall be refunded to you and Yantram does not have any other responsibility/ liabilities towards any other losses/ damages/ inconveniences, whatsoever  and our liability is limited to the refund of the entire deposit made with us.

GST

  • GST, as applicable, will be levied on the Invoice.

  • Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.

  • Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.

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 [Bengaluru] 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

GRIEVANCE OFFICER

In accordance the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided, any grievances under the said Rules, may have relevance with respect to the said Rules, its treatment or any grievance related to Services being availed at YANTRAM, the request may be directed by the Authority under the said Rules, to such grievance officer or at the below mentioned coordinate:

Mr. Jose kunju J P

Designation: Director/Grievance Officer

Yantram Admin. Office, # 207, Commerce House

Cunningham Road,

Bengaluru, Karnataka 560001

Contact us:

Email: jk@yantram.app

Phone: 099860 39028

Time: Monday to Friday (10 a.m. to 6 p.m.)

DISCLAIMER

The information contained in this website and Yantram App is for general information purposes only. The information is provided by Yantram and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website / App or the information, products, services, or related graphics contained on the website / App 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 / App.

Through this website / App you are able to link to other websites which are not under the control of Yantram. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the portal up and running smoothly. However, Yantram takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.