TERMS OF SERVICES AND PRIVACY POLICY
TERMS OF SERVICES

Dear visitors, you are consenting to and acknowledge the terms and conditions for consuming our website through your unrestricted browsing of the pages. These terms and conditions along with our privacy policies will be directive for user's interaction with us. At the occurrence of any conflict between the terms written herein and any other document implemented between the parties hereto, the policies elucidated below will win through. SPECIFIC DEFINITIONS

"We", "us", "our", "Carrier", "Quickshift.in" shall refer to Atmoscare Private Limited (owner of the website), its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf. "You", "your", "consignor" shall refer to the sender, consignor or consignee of the Consignment, holder of this 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. "Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment. "Consignment" means any package, parcel, satchel, 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. "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 any law, rule or regulation of India. "Receiver" or "Consignee" shall refer to the recipient or addressee or the consignee of the Consignment.

USER(S) ENTITLEMENT
All individuals and business organizations considered legit and operates within the country or from any other nation and is consuming our website well within its rights and also the services provided by Atmoscare Pvt Ltd are User(s). Our services revolve around the assistance we provide in terms of technology, enabling customers hire mini-trucks bound to a fixed destination or time consumption within and around the city limits or to any destination within India, which is communicated through telecommunication devices. We deal with only those users who can form legally binding contracts with a legal entity and are above the age of 18 years. It is imperative for the user's to abide by our terms and policies for communicating with our website. Quickshift.in is not liable for the events resulting from the user's misbehaviour. We may at any point of time suspend any such user's access to our website.

USER(S) AGREEMENT
The agreement binds all the users communicating with this website for any reason irrespective of them being a visitor or a registered member, their membership being free or paid. All the legal entities represented by a user are also covered through this agreement which also states that this website is solely for personal consumption.

This agreement represents all the services offered by Quickshift.in combined with the terms of usage relevant to any particular service consumed by the user. Any disagreement arising between the terms presented herein and the specific policies regarding specific services, the terms and condition of the specific service shall be the deciding factor.

REVISION OF of USER(S) AGREEMENT
Quickshift.in in its capacity may at any point of time change or update the terms of agreement binding us with the user. The modified agreement abides us and the user with immediate effect and it is the prerogative of the user to understand the new terms. If and when in disagreement then user must stop visiting the website. Your unhindered consumption signifies recognition of any such changes occurred in our policies. INTELLECTUAL PROPERTY RIGHTS

Quickshift.in holds all the rights regarding the website and its content which includes the text, images sounds, design and layout et cetera. The content also includes trade secrets and intellectual property rights which is governed by the copyright laws prevailing worldwide. The content, its ownership and the intellectual property rights of the website shall remain with quickshift.in, its licensor and its affiliates.

Quickshift.in reserves all the rights which may be left out in this agreement. The content and information on this website solely provide general guidelines for reader's personal use after having taken responsibility for it. We are not, under any circumstances liable for the accuracy or reliability of the advertisements or information passing through this website or the quality of any of the products advertised on this website by any means or services from us.

Our website, under any circumstances is not responsible for any ambiguity experienced by the user. The information provided on the website is uploaded ‘as it is' and we cannot pledge the fairness, accuracy or entirety the information with respect to performance, fitness or merchantability regarding a purpose. The users are solely responsible for the reliance upon any information provided here and are expected to independently enquire about and judge any such claims. Quickshift.in under any circumstantial condition of disagreement or dissatisfaction is not liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service.

Quickshift.in has all the rights with no opposition whatsoever in the changes made regarding the services provided by us or correction or omission of parts in the website.

TRADEMARK
Quickshift.in has registered all the trademarks such as logos and icons and they are protected by copyright, trademark and intellectual property rights laws. This prohibits any unauthorized modification, publication or copying of such items.

COPYRIGHT
We hold the copyright of all the contents present in quickshift.in with the exception of the links and contents of a third party website.

No entity has the right to collect, compile, form database or create any such directory using our website's content aided by any which means of such retrieval. It is strictly prohibited unless a written permission is acquired from quickshift.in.

Legal action will be taking against anyone who is using the content of our website for any purpose whatsoever unless expressly permitted by this agreement. All users are required to abide by the intellectual property rights and no such action should be taken by the user using our website that may result in infringement of such rights of our company in any manner. We have all the rights to discontinue any such user's account that may directly or indirectly be the cause of infringement of someone's rights or become harmful to the interests of quickshift.in, its affiliates, or other users.

DISSOLUTION

Quickshift.in has the sole discretion to discontinue the access for certain features of our website at any time or for any reason. It also extends our right to block certain users from accessing services on the website without any liability of explanation so as to protect/preserve the rights and interests of other users. Quickshift.in has all the rights to segregate users, create separate access of the website for such users and to modify features or introduce new services without prior notice.

THIRD PARTY WEBSITES

We have no control over the content and claims of any third-party sites visible on quickshift.in as it is provided as a convenience to users. The content and services of third party websites can be accessed through hyperlinks present on our webpage. It is the prerequisite of users to acquaint themselves with the terms and conditions of usage of any such site. The user must acknowledge that we have no direct or indirect control over any such third-party website and are in no position to control monitor or be liable for any act, content or services of any such website.

TERMS AND POLICIES FOR SERVICE USAGE
Terms and conditions guiding customers utilising the services of hiring mini-trucks:
All the expenses such as the fare agreed, waiting charges, parking charges or any other such additional fee imposed by the law or is required to avail the services of mini-trucks should be paid in full by the customers.

We are not liable for any warranties and service representations made by the service provider on our website. The Customer must acknowledge and accept their position and the risks involved.

A customer must not indulge in any such acts while consuming the services:

  • Be the cause of any damage inflicted upon the body and interiors of the mini-trucks
  • Destruction, misuse or dirtying of any devices (technical/non-technical) present in the truck
  • Push the driver into any act of breaking Traffic/RTO/City Police and/or government rules. Driver has the right to refuse any such request or cancel the booking altogether of such pick-ups. Pushing the driver for overloading the trucks than what is legally allowed.

The customer is solely responsible and liable for any legal liability or claims arising due to such actions by them and shall indemnify our company from any such direct or indirect responsibility. Such act of misuse might result in losses, extra charges or liabilities which also include legal fees inflicted upon us. The customer shall pay any such amount in relation to the use of services.

For facilitating our services the company has been authorised to use the GPS-based information about customer location through telecommunication companies assisting us at the time of booking.

We are entitled to provide customer's personal information to all the companies of our group and to any government body making a request or citing laws made for such information retrieval.

The company has all the rights to cancel the bookings of mini-trucks booked by the customers for any reason whatsoever and at any time. The company is in no way responsible for the loss of any item of the customer throughout the process. We'll try our best to relocate the lost item but our liability ends there.

There is a window of 24 hours provided to the customers having complaints or dissatisfaction with respect to the services availed.

Though the company in any manner is not responsible for the behaviour of the drivers of mini-trucks hired through us, we suggest our customers to notify any such act of misbehaviour or complaints against them.

The company is fully entitled to make amends, modify or update all such terms and policies at any point of time and binds the customer into accepting all such changes or amendments made into the terms and policies of our website www.quickshift.in which is effective right from the day such changes are notified to the customers.

Our company's call centre records all the calls received by us for quality and training purposes.

DISCLAIMER

For the security purposes we track all the vehicles registered with us through mobile technologies. Our company stresses that we do not own any mini-trucks or employ any drivers for it. They are provided by third parties and we have no liability whatsoever regarding the drivers and the mini-trucks.

The company is entitled to make use of customer's contact information for communication and marketing purposes through regular SMS to the number registered with us.

All the dispute settlement and legalities with respect to the disagreements between the customer and company shall be a subject exclusively under the courts of Mumbai.

USER(S) CONSENT OF OUR TERMS AND CONDITIONS

Our consignment note or the contract of carriage explicitly lays out the terms and conditions for such performance of services and by giving us their consignment, the customer agrees to these policies irrespective of whether they have signed the consignment note or not. These terms and conditions also safeguards and takes under its purview our employees, managers or subcontractors who perform any services or transport your consignment. The customers have the right to give written instructions only to our authorised officers who may decide to act in favour or against any such instructions if it is in conflict with our terms and conditions.

USERS OBLIGATIONS

**You warrant, undertake and guarantee to us:

  • The consignment note has all the required information about the content of the consignment including weight and number of items, invoices, permits and other documents required for the transportation of consignment.
  • That no prohibited items or items those are restricted or regulated shall be the content of the consignment. The customer shall have a dangerous goods declaration according to the applicable laws and regulations and also declare that none of the persons or organisation involved is restricted by the applicable laws for legal trade.
  • The customer must abide by the fact that all the information and necessary documents produced regarding the consignment is true and factually correct which if found fraudulent or misleading, the customer is liable for penalties and loses all the rights to claim the consignment which may be forfeited and sold. The customer acknowledges of indemnifying our company from any claims or cases which arises due to the information provided by them.
  • That there is an understanding between the customer and the company regarding the delivery of the consignment at the address mentioned in the note and agrees to categorically believe in the recognised deliverance of goods as per the contract. We will notify the customer through SMS/emails about the delivery confirmation and a 24 hour window for a response about delivery, failure of which will be taken as affirmation of the delivery. The customer has been truthful regarding the weight of the consignment and agrees to provide specific equipment that may be required for loading and unloading of their consignment. If the customer has requested to bill the receiver of the consignment or any third-party for the services used, he should be should be prompt enough to settle the billing amount with an administration fee within seven days of invoice generation if and when the receiver or the third party refuses to pay. The customer promises to insure us against any liability, damages or expenses and deem us innocent in the case of them breaching any of the warranties, policies, conditions or representations, irrespective of us accepting the consignment unintentionally, that flouts any of the consumers obligations.
  • In the event of any misleading or fraudulent statement produced by the customers regarding the consignment or any of its content, the customer shall be at the risk of legal action which may result in sale of the consignment. If because of the information regarding the consignment results in any claims inflicted against us, the cost and administration fees shall be taken care of by the customer with our company having to face no liability regarding any of it.

The customer acknowledges to bear all the risks involved with the use of services offered by us as we have no assertion whatsoever about 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.

We state no representation or warranty such as:

  • The services meeting exact requirements of the customers
  • The Services will be uninterrupted, timely, secure, or error-free.
  • Our company cannot be held responsible or liable for whatever damages suffered by the customers, either because of the services offered by mini truck companies or due to the failure in service delivery for whatever reasons which may include but not limit the factors such as user's defiance regarding our voice instructions, failure of network terminal, malfunctioning data processing system, telecommunications system or any circumstances person acting beyond our control.
  • The Company will not be liable for any damages of any kind arising from the use of the Services offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  • Off the grid locations and toll taxes will be charged extra from customers.
  • The customer shall be looking for an alternative in case of mini-trucks not reaching them.

We shall not be held responsible for not fulfilling any commitments made to the customers because of the following reasons

  • Including Acts of god earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters.
  • Unexpected circumstances including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions
  • Interruption in the transportation services of air or ground transportation networks or any other mechanical problem
  • Latent defects or inherent vice in the contents of the consignment.
  • Criminal acts of third parties such as theft and arson.
  • Your actions or oversights 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 even though we may have accepted the consignment by mistake.

HAZARDOUS GOODS / SAFETY
Dangerous goods

  • We do not provide neither assist in any such deliverable which deals in what we might consider hazardous or products specified in the regulations, guidelines, technical instructions, codes applicable to us and our business as harmful, lethal or dangerous in general terms.
  • However there is a possibility from our side of undertaking the delivery of some such goods deemed as dangerous for few customers who have been approved by us in writing prior to us agreeing for it. But all such products should comply with the regulations made regarding such things. Further details about transportation of such hazardous material can be obtained from our office.
  • Prohibited Items: We do not accept consignments that contain prohibited items.
  • Our agreement towards transporting your consignment is prima facie, that is we go about it believing your declaration of whatever the consignment contains and whatever its worth . We claim no responsibility about the truth in your description/declaration and call for indemnification from the customer if any such ambiguity about the value or contents of the consignment arises and claim reimbursement if any such damage is inflicted upon our company.

REJECTED CONSIGNMENTS

  • At the occurrence of refusal by the receiver of the consignment for taking delivery, our team will communicate with you to decide the further course of action. The user must agree to reimburse all the expenses incurred by us for handling such cases and the consignment's further movement as per decided by you.

THIRD PARTY CLAIMS

  • No third party having whatsoever interest in the consignment can lay any claim against us in any manner. Users must indemnify us against all such actions from anyone other than themselves even though the predicament might have occurred because of our negligence. All cost incurred by us in defending such claim will be reimbursed by users.

The terms and conditions stated above including the privacy policies govern all the interaction and communication between the user(s) and us that is Atmoscare Pvt. Ltd. regarding using our website and the services provided by us. These terms shall prevail over any other agreement between the parties regarding mutual interaction.

DISCLAIMER
All the information provided herein are general in nature and accounting for our due diligence in gathering all such information correctly and up to date, we claim no surety or warranty about the factualness, reliability, suitability or wholeness of information. Atmoscare Pvt. Ltd. warns every user to not rely upon the website regarding the information about any services, products or pictorial representation for any purpose. We shall never be held liable for any damages sustained by the user indirectly or directly loss of profile information arising regarding our website or as a consequence of using it.

The links visible on our website are in no way a mark of endorsement from our site. Atmoscare Pvt Ltd has no direct or indirect control regarding the content or nature of such links nor have any kind of relation with such website of any kind. We strive hard to keep the website's performance smooth and hassle free but do not claim any responsibility of any kind for the website being temporarily out of service or counter other technical glitches.

PRIVACY POLICY
Consent of the user

Once you visit our website, you are agreeing to our terms, conditions and policies by default. If you have any contention regarding our policies you may want to abstain yourself from visiting our websites. Your undeterred use of our services, even in the case of any changes in our company policies, will result in our understanding of your consent of the mentioned terms.

Personal Information

Visiting and interacting with our website does not require you to provide any kind of personal information to our company. But, once you provide your consent to sharing any personal information with us, in order to subscribe to the services of our company, all the personal information gathered will be used by the company. We, as a company, respect user's right to privacy and provide an option to the user of not sharing any personal identification information with us. However, this may result in suspension of some of the deliverables regarding our website experience and services. Even after the user provides personal information by consent, our usage of such personal information can be stopped by sending timely notice to the Company. However, in this case, the user may lose access to some of the deliverables from our website experience and services. The company gathers personal information of the user during the processes on the website, such as registration for membership, subscription to services, activities and other resources offered like filling the forms, etc. Such personal information is sought in the form of names, e-mail and mailing addresses and other contact details such as phone no of the user. If the user does not provide his/her personal identification information to the website, certain services would not be accessible/available to him/her. Once the user registers with our website, he/she is consenting with our policy that entitles us to collect, store, use and disclose the information provided.

Non-personal information

Technical and non-personal information such as operating systems of the computer, Internet service provider, technical configuration of the computer, browser name and information, etc. may be collected by us during the user's interaction sessions with our website. As we avail then services of Google Analytics to track customer usage pattern, certain information such as the Internet Protocol (IP) address of the user, Internet domain and host names, browser software, date and time that the site is accessed, etc. may be recorded for the purpose of tracking trends, statistics and usage pattern, we may analyze the non-personal information provided by the user.

Cookies

Cookies are an important tool for us as it enables our website to upgrade and improve usability and enhance user interaction and experience. On vising a website, short text file- 'cookie', is sent to the destination computer. It records and stores user information and tracks the internet traffic. Cookies might make use of personal information only when it is provided by the user beforehand to the website and does not contain personal identification information otherwise.

The users have the option of blocking or not allowing cookies, which is provided for by the web browser alerting you every time a cookie is being delivered to your computer system. This may however result in hindrances while navigating through and interacting with the website. As the cookie is solely for recording and tracking user activities, we and our affiliates do not economically exploit the data collected through it by not sharing, selling or exchanging the information with any data mining or marketing entity.

Applicability of gathered information

User's personal information is handled with utmost care so as to inhibit any unethical use of it. We incorporate only the prevalent guidelines and industry standards while using your personal information.

Improving customer services

All the information gathered helps us understand the various needs of our customers and help us improve upon our standards and efficiency.

Individual attention to user's experience

Classified data and tracked activities help us better understand customer behaviour at a personal as well as customers as a group. We may accordingly alter the resources and services available.

Maintaining quality of website

Inputs from the information recorded combined with user's feedback help us better the overall prospect. Payment option processing-

The product and services opted for by the customer requires them to provide information regarding them for the momentary transactions. We abide ourselves to use such information only for the fulfillment of any purchase done and do not share such data otherwise with anyone.

Maintaining regular customer relation

The e-mail address provided is used to deliver billing information and/or giving track information of their order status. It is further used for user-company interaction, answering queries and clearing doubts, etc.

Guarding your personal information

Standard procedures and regulations are incorporated while dealing with user's personal information. There are strong measures that help provide a guard against any unauthorized access, alteration, disclosure or destruction of your personal data such as passwords, user-names, and any monetary transaction data held with our website.

A secured SSL communication channel is the medium for any important, personal data sharing between the user and the website which is highly secured and encrypted with digital signatures.

All the user information held with us is only used till the user is interacting with the company and is connected with any of the services or product provided. A user is fully entitled to delete, modify or make changes to the data gathered at any point of the shared interaction. The company in turn holds the right to decide whether to let user utilize the services or hold it for the changes made regarding the personal information.

Personal information distribution policy

We have a limited window when it comes to sharing user's personal information with our affiliates, business partners, advertiser or anyone interested in it. No facet of the information that is personal in nature is made available to any one through direct sale, exchange, trade or on a rental basis. Information of the kind that is demographic and general in nature is shared with our trusted partners and agencies in order to better our service deliverables and for other purposes like surveys or newsletters. User's consent is acquired before any of the sharing done.

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