COGNIGO TERMS AND CONDITIONS


A Very Warm Welcome !.

By continuing to browse and use this 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 Cigiliant Technologies Private Limited (Owner of Cognigo) relationship with you in relation to this website and the Service's (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.

USER(S) ELIGIBILITY

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 COGNIGO 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

COGNIGO may change, modify, amend, or update this agreement from time to time 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.

INTELLECTUAL PROPERTY RIGHTS

COGNIGO 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 COGNIGO, its affiliates or licensor's of COGNIGO content, as the case may be.

All rights, not otherwise claimed under this agreement or by COGNIGO.in, 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. COGNIGO 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 COGNIGO 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.

COGNIGO 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 website.

Trademark

All related icons and logos are registered trademarks or trademarks or service marks of COGNIGO 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 COGNIGO except the third party content and link to third party web site on our website.

Systematic retrieval of COGNIGO 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 COGNIGO 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 COGNIGO's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. COGNIGO reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the COGNIGO service, or if COGNIGO believes that user(s) conduct is harmful to the interests of COGNIGO, its affiliates, or other users, or for any other reason in COGNIGO's sole discretion, with or without cause.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and COGNIGO has not have any control over such sites i.e content and resources provided by them.

COGNIGO 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. COGNIGO believes that user(s) acknowledge that COGNIGO has no control over such third party's site, does not monitor such sites, and COGNIGO 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.

TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, COGNIGO 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. COGNIGO 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 COGNIGO and/or other visitors to the web site. COGNIGO 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 utilizing the Services offered by the Company for the hiring of Truck/Mini-trucks or Packers & Movers or Cabs or Auto's or Water Tankers etc. that are we provide services:

The customer shall pay the fare (as agreed), toll fee, traffic violations fee, waiting charges, service tax, service charges, state/national permit, parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the mini-truck Services.

The customer agrees and accepts that 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:

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 booking thru our services. The location based information will be used only to facilitate and improve the probability of locating our transporter (Truck/Mini-truck/Cab/Auto/Water Tankers etc.) 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 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 truck done by the Customer.

In case of lost items inside the Company during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. The Customer/Sender/Receiver of the consignment is responsible for safety of the goods

Any complaint in respect of the Services or the use of our transporter (Truck/Mini- truck/Cab/Auto/Water Tankers etc.)., the Customer has to inform Company of the same in writing within 24hours of using our transporter (Truck/Mini-truck/Cab/Auto/Water Tankers etc.) or the Services of Company.

The Company shall not be liable for any conduct of the drivers of our transporter (Truck/Mini- truck/Cab/Auto/Water Tankers etc.). However, the Company encourages you to notify it of any complaints that you may have against the driver/owner/service provider 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.COGNIGO.com 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 center might be recorded by the Company for quality and training purposes.

DISCLAIMER

All vehicles (Truck/Mini-truck/Cab/Auto/Water Tankers etc.). registered with the Company are continuously tracked using mobile technology for security reasons only. It is expressly made clear to you hereby that the Company does not own any of our transporter (Truck/Mini-truck/Cab/Auto/Water Tankers etc.). nor does it directly or indirectly employ any drivers for the vehicle. All our transporter (Truck/Mini-truck/Cab/Auto/Water Tankers etc.) and drivers are all supplied by third parties and the Company disclaims any and all liability in respect of the drivers and our transporter (Truck/Mini- truck/Cab/Auto/Water Tankers etc.) 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 us or subscribed to us.

All the disputes are subject to Bangalore Jurisdiction, The Law/Court shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Company or the agreement or arrangement between Company and the Customer.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your consignment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. 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 authorized 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 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 that contravenes any of your obligations.
  • You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
  • DANGEROUS GOODS / SECURITY

    REJECTED CONSIGNMENTS

    If the receiver refuses to accept delivery we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action

    CLAIMS BROUGHT BY THIRD PARTIES

    You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage 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 COGNIGO with respect to access to and use of the web site and the Services offered by COGNIGO, superseding any prior written or oral agreements in relation to the same subject matter herein.

    DISCLAIMER

    The information contained in this website is for general information purposes only. The information is provided by COGNIGO 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 or the information, products, services, or related graphics contained on the website 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.

    Through this website you are able to link to other websites which are not under the control of Cognigo. 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 website up and running smoothly. However, Cognigo takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.