1. These terms and conditions ( hereinafter referred to as “T&C”), governs your use of the website www.graviti.in & www.graviti.co.in (“Website”) and the technology platform provided on the Website for meeting requirements of Logistics companies and their respective Consignees, Transporters, Biltyboys, Freight brokers, Freight Forwarding Carriers, Truck owners, Truck drivers and/or Shipper of goods(“Stakeholders”) and any other party involved in the process of freight transportation (collectively referred to as “Users”) (“Services”). Please read these T&C carefully before you use the Services. If you do not agree to these, you may not use the Services. By using the Services, you signify your acceptance to the T&C which takes effect immediately upon your use the Services, and create a legally binding arrangement to abide by the same.
2. The Services is operated and owned by ISUA SOLUTIONS PRIVATE LIMITED (hereinafter referred to as “Graviti”, “we”, “us” or “our”), a company registered in India.
3. We reserve the right to change the T&C 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 T&C 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 T&C.
4. You acknowledge that Graviti doesn’t provide transportation and/or logistics services and doesn’t function as a truck owner, logistics company and / or shipper of goods.
4. Account Registration or Use of Services
4.1 You may access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering as a User. We provide separate user registrations for Users. 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;
PAN & GST details of the company/user
Whether he is admin/operator/role
routes on which the User operates; and
type and details of the vehicles operated by the User.
Graviti will generate a link and share the same with the User on their registered email Id provided to Graviti and complete the registration procedure(“Registration”). User, once registered, will be required to use the login ID and password for future login and use of the Website.
4.2 Once Registration is complete, the Services will automatically recognize you, as a returning User once you enter your username and password and you will not be required to repeat Registration.
4.3 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.
4.4 We reserve the right to suspend or terminate your access to the Services 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 T&C.
4.5 You agree that you will take sole responsibility for any activities or actions on your Devices while accessing the Services, whether or not you have authorized such activities or actions.
5. User Conduct
By using the Services you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
You shall not submit or upload any requirement and / or information that is or may be illegal or unauthorized. Graviti shall not be responsible for any loss, damage or liability that may arise out of the information uploaded by the Users on the Website or for any such loss, damage or liability that may arise from such an arrangement.
User shall not ship or transport any goods or articles that is illegal, hazardous or unauthorized shipment, and in the event such articles or goods are shipped and/ or transported, it shall be at its own risk. Graviti shall not be responsible for any loss, damage or liability that may arise out of shipment or transport of hazardous goods and articles, and shall further disclaim all liability for any such loss or damage that may arise from such an arrangement.
You shall, at all times, maintain confidentiality of your username and password and shall not disclose it to any unauthorized person or third party.
You have obtained all the necessary statutory authorizations, approvals and consents required for operating as a stakeholder in freight transportation and failure to do so shall not result in any liability to Graviti.
You shall not acquire any right, title or interest in the intellectual property rights of Graviti by your use of this Website and you shall at all times comply with the Terms displayed on the Website.
You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
You agree to maintain accurate, complete, and up-to-date information on the Website. Your failure to maintain accurate, complete, and up-to-date information, may result in your inability to access and use the Services or termination of this agreement with you.
You will not send unsolicited emails, or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You will not use another person or entity’s username, password or other account information, or name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You shall not use the information available on the Website for any unauthorized use or to create any hindrance or obstruction in the Services or to any User.
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts any part of the Services or the Services software; or any equipment or any network on which the Services are stored or any equipment of any third party.
6. Information related to Services
6.1 Graviti discloses that the Services provided by Graviti are only partly conducted on the Website and that the parties to the transaction including the Users are also engaged in communications through other modes to facilitate the transaction. Such communication will not be available to you on the Website and as a result, negotiations of price, confirmation of receipt of price, any confirmation from truck owners/ shippers for accepting the load or delivery of the load may be received offline and may be uploaded on the Website by the User or Graviti at a later stage.
6.2 No information uploaded on the Website should therefore be construed as updated, accurate or correct information at any point.
7. Availability of the Services, Security and Accuracy
7.1 We endeavour to make the Services available at all times from Monday to Saturday between 9 AM and 8 PM. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
7.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
7.3 By reason of the nature of the Services, Graviti shall not be responsible to any person or entity for the accuracy and veracity of the information uploaded by the User. Such information is not verified by Graviti and we do not represent or warrant that the information available on the Services will be correct, accurate or otherwise reliable.
7.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
7.5 The Users shall be responsible for all matters pertaining to the transportation of the freight, including but not limited to loading, unloading, insurance and all necessary paper work.
7.6 User agrees that any declaration provided by Graviti as a ‘contractor’, shall be provided by Graviti only if requested by the User and only as a matter of process. Any such declarations or undertakings provided by Graviti shall be on behalf of the other stakeholders of freight transportation. Consequently, Graviti shall not be considered a “contractor” under law by virtue of having provided such declarations or undertakings and any such declarations or undertakings shall not create any additional liabilities or responsibilities except those expressly mentioned in these terms and conditions, on Graviti by virtue of anything mentioned in the aforementioned declarations or undertakings.
You agree to indemnify and hold us and each of our affiliates, successors and assigns, respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Services and / or any violation of this T&C. We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
9. Treatment of Information provided by You
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
10. Third Party Content
10.1 We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of this T&C, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
10.3 We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Services exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
10.4 You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services on any computer or mobile device and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&C shall survive, remain in full force and effect and continue to be binding and enforceable.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
13. Governing Law and Dispute Resolution
These T&C are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Mumbai, India.