This Terms of Service Agreement (the “Agreement”) describes the terms by which MOJO TECHNOLOGY LABS PRIVATE LIMITED (hereinafter referred as “Company”), a Company incorporated under the Companies Act, 2013 with its registered office at 412 Mandakini Enclave Alaknanda New Delhi 110019, India, doing business as ExpressMOJO (hereinafter referred as “ExpressMOJO”) offers to you, as a User, access to its website www.expressmojo.com and the associated mobile software application platform owned and operated by ExpressMOJO (hereinafter referred as “Platform”).
The Company provides an online platform to connect Customers with Trucks of Truck Owners (hereinafter referred as “Fleet Owners”) for the transportation service whereby Customers can submit a request for the transportation of goods (hereinafter referred as “Loads”). Fleet Owners can bid on loads and broadcast their fleet availability on the Platform. Once Customers accept a bid from a Fleet Owner, both Customers and Fleet Owners will be able to communicate with each other and track the status of the Load. ExpressMOJO does not assess the suitability, legality, regulatory compliance, quality or ability of any Customer or goods scheduled through the use of the Service, and ExpressMOJO makes no warranty regarding the same.
This Agreement sets forth the terms for use of the Service by Customers and Fleet Owners. By signing up and registering with ExpressMOJO or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent.
Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. In the event any separate contract or like document governs or otherwise impacts the parties’ rights, obligations or relationship, this Agreement shall govern to the extent it does not conflict with the terms of any such other contract or like document.
We reserve the right to change the terms of this Agreement at any time without notice by posting changes on our Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Agreement and note the changes made on the Website. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Agreement.
YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.
IF YOU DO NOT SO AGREE, YOU SHOULD DECLINE THIS AGREEMENT, IN WHICH CASE YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.
You may access the Service on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering as a Customer (requiring transport services) or Fleet Owner (owning trucks or . While registering as a User, we will collect the following information:
- Name of the User;
- Name of the Company of the User;
- Name of the Contact person of the User;
- Mobile number;
- Email Id;
- Whether he is Broker/ End Customer or Fleet Owner
- Routes on which the User operates; and
- Type and details of the vehicles operated by the User.
During registration process, once the above details are collected by the Company, we will create the User in the system. The User, once registered, will be required to use their mobile number as ID and OTP sent to the registered mobile number as password for login and use of the Website. This holds true for both Customers and Fleet Owners.
Once Registration is complete, the Service will automatically recognize you, as a returning User once you enter your username and password and you will not be required to repeat Registration. As a User, you agree to provide accurate, current and complete information during the Registration and to update such information to keep it accurate, current and complete when you are a returning User.
You agree that you will take sole responsibility for any activities or actions on your Devices while accessing the Service, whether or not you have authorized such activities or actions. We reserve the right to suspend or terminate your access to the Service if any information provided during the Registration or thereafter proves to be inaccurate, not current or incomplete or in the event of your usage not being in accordance with this Terms of Service.
TRANSPORTATION REQUESTS FOR CUSTOMERS
The Company provides ExpressMOJO Platform through which you (the Customer) may submit proposed transportation of goods. You must provide the following information as part of requesting a transportation service:
- The origin and destination addresses for the load;
- The requested dates for pickup of the load;
- The material type of the load being transported as part of the transportation service;
- The specific truck type requirements; and
- Any other information necessary for transportation of the cargo.
Once you have posted an order on ExpressMOJO, the order details will be shared with the Fleet Owners on the Platform, who will be able to bid on your load. We do not guarantee that any Fleet Owner will bid on the load posted by you. Once you believe you have found the right price and /or the right Fleet Owner for your load, you may accept the bid. Alternatively, you may cancel the load at any time. Once you accept the bid submitted by a Fleet Owner, you can communicate with the said Fleet Owner to discuss exact location and time of the pickup. ExpressMOJO does not guarantee that Fleet Owner may agree to execute the order even after being accepted by you.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping requirements should fall within country’s legal framework. You also agree that
- You will not use the Service to transport hazardous materials;
- You own the transported goods or have all necessary rights to transport it;
- You agree that ExpressMOJO will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo;
- You are solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo; and
- Your requested pick-up and delivery dates and hours will not require a partners to violate hours of service regulations under applicable law.
- You agree to receive communication from ExpressMOJO in the form of SMS (Short Message Service) or Email to your registered mobile number or registered email address
TRUCK AVAILABILITY FOR FLEET OWNERS
Fleet Owners may view a list of the loads available to it at any time and bid on a load through the Platform. Once your bid is accepted by the Customer (party posting the transportation service request), you will be able to communicate with the Customer. We do not guarantee that the Customer may use your transport services to ship his goods. Moreover, Fleet Owners will be able to broadcast their truck availability on the platform. We do not guarantee that this information may be accurate at all times or even correct.
ExpressMOJO may share your User Content (a) with third party service providers; (b) if another company acquires ExpressMOJO; and/or (c) to comply with relevant laws, to respond to subpoenas or warrants or assist in preventing any violation or potential violation of the law or this Agreement. ExpressMOJO respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to ExpressMOJO at firstname.lastname@example.org
- A description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringing is located. Include enough information to allow ExpressMOJO to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Any commitment with the customer which is done outside the preview of these terms by any individual including any ExpressMOJO employee, ExpressMOJO would not be bound by the same.
As a result of the performance of this arrangement and whether due to any intentional or negligent act or omission, ExpressMOJO may disclose to its customer or customer may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of ExpressMOJO’s business (“Our Information”).
Customer hereby agree and acknowledge that any and all of our information is confidential and shall be ExpressMOJO’s sole and exclusive intellectual property and proprietary information. Customer agree to use such Information only for the specific purposes as allowed by the performance of this arrangement. Any disclosure of such Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law.
Furthermore, Customer acknowledge that such information is proprietary, confidential and extremely valuable to ExpressMOJO, and that ExpressMOJO would be materially damaged by Customer’s disclosure of ExpressMOJO’s Information. Customer acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that MOJO Technology Labs Private Limited shall be entitled to injunctive relief.
Limitation of Liability
ExpressMOJO shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, whether based on warranty, contract, product liability or any other legal theory, and whether or not ExpressMOJO has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- The services and/or website may be under constant upgrades and some features/functions may not be fully operational
- We do not represent that all or any information posted on our platform is correct. There may be delays, inaccuracies or omissions in content provided on the website
- Without limiting the disclaimers set out herein, in no event shall the Company’s total liability to you or any third party for all damages arising out of or related to your use or inability to use the Website and Services exceed the amount of INR 1/-.
- We will not accept goods that are considered hazardous or illegal substances. However, we do not conduct any physical inspection of goods sought to be shipped and rely solely on the representation and information provided to us. ExpressMOJO disclaims all liability for any losses or damage whether direct, indirect or incidental caused due to the nature of the goods
- We do not guarantee the safety of goods or make any assurance
Jurisdiction & Dispute Resolution:
All disputes arising from or in connection with our business relationship shall be settled under Arbitration by sole Arbitration appointed by ExpressMOJO. The award of the said Arbitrator shall be final and binding on both parties. The parties herein shall bear the arbitration charges equally and the arbitrator shall be empowered to pass any interim order any time during such arbitration. The arbitration proceedings shall be in English language and conducted as per the provision of The Arbitration and Conciliation Act 1996. The venue of arbitration be at Delhi.
Terms of Intellectual Property Protection
By installing, downloading or using the Service, you also signify your acceptance to the following Terms of Intellectual Property Protection (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Service, and create a legally binding arrangement to abide by the same.
- You acknowledge that all copyright, patents and trademarks, service marks, logos, trade names, trade dress, concept, design and other intellectual and proprietary rights (“IP Rights”) related to the Service and / or the Website that are made available on the Website are solely and exclusively owned by the Company or are used under authorized license and all rights there are reserved.
- Any use, reproduction, transmission, publication or any unauthorized use of the same is strictly prohibited. Any use of our IP Rights shall require prior written approval from the Company.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- If you print off, copy or download any part of the Service and / or the Website in breach of the terms herein, your right to use the Service and / or the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.