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Terms & Conditions

**Welcome to Loaddy**

By continuing to browse and use our app or website, you agree to comply with and be bound by the following terms and conditions, which, together with our privacy policy, govern SmartMove Logistics Solutions Private Limited’s (owner of Loaddy) relationship with you in relation to this app/website and the services provided (as described below).

In the event of any conflict between these terms and conditions and the provisions of any other document executed between the parties, these terms and conditions shall prevail.

**Definitions**

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

– “We,” “us,” “our,” “Carrier,” “Loaddy,” “Company” refer to SmartMove Logistics Solutions Private Limited (owner of Loaddy), its employees, and its service providers that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.

– “You,” “your,” “consignor” refer to the sender, consignor, consignee of the consignment, holder of this consignment note, receiver, owner of the contents of the consignment, or any other party having a legal interest in those contents, as applicable.

– “Services” means the services provided by Loaddy, which enable:

– The transport of goods by customers for point-to-point service or time-and-usage-based service within city limits and outside the city limits, including inter-city across India.

– Hiring of labor by customers for loading/unloading of the consignment.

– Other services that Loaddy may add from time to time.

– “Carriage” includes the entire operations and services undertaken by us in connection with the consignment.

– “Consignment” means any package, parcel, sachet, or freight given to and accepted by us for carriage under our consignment note.

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

– “Delivery” means the tender of the consignment to the consignee or notification of the consignment’s arrival.

– “Prohibited Items” means any goods or materials whose carriage is prohibited by applicable law.

– “Receiver” or “Consignee” refers to the recipient, addressee, or consignee of the consignment.

– “Applicable Law” means all laws, statutes, ordinances, regulations, guidelines, policies, rules, by-laws, notifications, directions, directives, and orders or other governmental restrictions or any similar form of decision or determination by, or any interpretation, administration, or 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 that has the force of law in India.

**User(s) Eligibility**

User(s) refers to any individual or business entity/organization that legally operates in India or another country, uses, and has the right to use the services provided by Loaddy. It is clarified that our services are available only to those individuals or business entities/organizations who can form legally binding contracts under applicable law. To be a user(s) and be eligible to use our services, an individual must be at least 18 years of age.

Loaddy advises its users that while accessing the website, they must comply with applicable laws. Loaddy is not responsible for any consequences resulting from your actions or behavior while using the website. Loaddy may, at its sole discretion, refuse service to anyone at any time.

**User(s) Agreement**

This agreement applies to user(s) if they are visitors, registered users (free or paid) who access the website for any purpose. It also applies to any legal entity that you may represent under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

This agreement applies to all Loaddy services, along with any additional terms and conditions that may apply to specific services used/accessed by user(s). In the event of a conflict or inconsistency between any provision of these terms and conditions and those of the specific service, the provisions of the terms and conditions applicable to such specific services shall prevail.

**Amendment to User(s) Agreement**

Loaddy may change, modify, amend, or update this agreement from time to time, with or without prior notice to user(s), and the amended and restated terms and conditions shall be effective immediately upon posting. If you do not agree to the changes, you must stop using the service. Your continued use of the services will signify your acceptance of the changes and deemed acceptance of the amended agreement. Additionally, user(s) shall be bound by any amendments made to any policy or agreement from time to time, as referred to in these terms of service.

**Intellectual Property Rights**

Loaddy, owned by SmartMove Logistics Solutions Private Limited, is the sole owner or lawful licensee of all rights to the website and its content. Website content includes design, layout, text, images, graphics, sound, video, and other elements. These elements embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the website and its content remain with Loaddy, its affiliates, or licensors.

All rights not explicitly granted under this agreement or by Loaddy are reserved. The information provided on this website is intended solely for general informational purposes and for the personal use of the reader, who assumes full responsibility for its use. Loaddy does not represent or endorse the accuracy or reliability of any information, content, or advertisements (collectively, “content”) contained on, distributed through, linked, downloaded, or accessed from the services on this website, or the quality of any products, information, or other materials displayed or obtained as a result of an advertisement or other information or offer 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 on this website is provided “AS IS,” without any guarantee of completeness, accuracy, timeliness, or results obtained from its use, 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 substitutes for the independent investigations and sound technical and business judgment of the user(s). In no event shall Loaddy 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 acknowledge that any reliance upon any content is at their sole risk.

Loaddy reserves the right, in its sole discretion and without any obligation, to make improvements to or correct any errors or omissions in any part of the service or the app/website.

**Trademarks**

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

**Copyright**

All content on this website is copyrighted by Loaddy, except for third-party content and links to third-party websites on our app/website. Systematic retrieval of Loaddy 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 Loaddy is prohibited.

In addition, using 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 Loaddy’s services, you agree not to use the website service to infringe the intellectual property rights of Loaddy or any third party in any way. Loaddy reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in connection with the use of the Loaddy service, or if Loaddy believes that user(s) conduct is harmful to the interests of Loaddy, its affiliates, or other users, or for any other reason in Loaddy’s sole discretion, with or without cause. You shall be liable to indemnify Loaddy for any losses or expenses incurred by Loaddy due to any infringement of intellectual property rights owned by Loaddy, without prejudicing Loaddy’s right to bring any legal action against you.

**Links to Third-Party Sites**

Links to third-party sites are provided on the website for the convenience of user(s). Loaddy has no control over such sites and is not responsible for their content or resources. Loaddy may allow user(s) access to content, products, or services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise) to such third-party websites. You are advised to read the terms and conditions and/or privacy policies of these sites before using them to understand the terms and conditions of your use. Loaddy does not monitor these sites and shall not be responsible or liable to anyone for the third-party sites or any content, products, or services made available on such sites. User(s) should review Loaddy’s Privacy Policy and abide by it during any interaction with Loaddy concerning any information and data.

**Termination**

Most content and some features on the website are made available to visitors free of charge. However, Loaddy reserves the right to terminate access to certain areas or features of the website at any time for any reason, with or without notice. Loaddy also reserves the universal right to deny access to particular users to any/all of its services without any prior notice/explanation to protect the interests of Loaddy and/or other visitors to the website. Loaddy reserves the right to limit, deny, or create different access to the website 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 apply to customers utilizing the services offered by SmartMove Logistics Solutions Private Limited (hereinafter referred to as “the Company”) for the hiring of vehicles through the Loaddy platform:

  1. **Payment**: Customers shall pay the agreed fare, parking charges, any applicable night surcharge, and any fees or levies currently required or imposed by applicable law for using Loaddy’s services.
  1. **Customer Acknowledgement**: Customers agree that using the services provided by the Company is at their own risk. The Company disclaims all representations and warranties of any kind, whether express or implied.
  1. **Prohibited Activities**: Customers shall not engage in the following activities while using the service:

– Soiling or damaging the vehicle’s exterior or interior.

– Misusing or damaging any equipment (technical or non-technical) in the vehicle.

– Asking the driver to break any traffic, RTO, city police, or government rules. The driver has the right to refuse such requests.

– Pressuring the driver to overload the vehicle beyond the allowed limit.

  1. **Indemnification**: Customers shall indemnify the Company against any liabilities, losses, charges, expenses (including legal fees), claims, demands, actions, and proceedings arising from or related to the use or proposed use of the services by the customer.
  1. **Use of Location Information**: The Company is authorized to use location-based information provided by telecommunication companies when the customer books a vehicle using their mobile phone. This information will be used to improve service efficiency.
  1. **Disclosure of Customer Information**: The Company may disclose customer information to affiliated companies or any government body as required by applicable law or governmental directives.
  1. **Termination of Service**: The Company reserves the right to terminate a vehicle booking at any time without providing a reason. Customers shall indemnify the Company for any expenses incurred due to such termination.
  1. **Liability for Consignments**: The Company will be liable for loss or damage to consignments to the extent permissible by the Carriage by Road Act and Rules.
  1. **Payment and Lien**: Customers must not withhold payment due to the loss of any item. If payments are overdue, the Company reserves the right to exercise a lien over the consignment until full payment is made.
  1. **Complaints**: Any complaints about the services or vehicles must be reported in writing to the Company within 24 hours of using the services.
  1. **Driver Conduct**: The Company is not liable for the conduct of drivers. Customers are encouraged to report any complaints regarding driver behavior.
  1. **Amendments to Terms**: The Company may amend these terms and conditions at any time. Such amendments will be effective upon posting on the Company’s website at www.loaddy.com.
  1. **Call Recording**: Calls to the Company’s call centre may be recorded for quality and training purposes. By making a query on the app/website, customers consent to receive responses via telephone or email, including marketing and commercial information.
  1. **User Information**: The Company will use the email address and/or mobile number provided by the customer for transaction processing and communications. The Company is not responsible for inaccuracies in the data provided by customers.
  1. **Cancellation Policy**: Cancellations made more than 5 minutes after driver allocation will incur a fee of INR 50. Cancelling four bookings in a day after driver allocation may result in temporary account suspension.
  1. **Toll Charges**: Return toll charges will be added to the fare if applicable.

### Labour Services

Loaddy provides customers with the option to include labour services by selecting the “Include Labour” toggle on the app or website. These services include loading and unloading goods. Customers acknowledge the following:

– Labour services are limited to ground floor to ground floor movements.

– The distance between the vehicle and the loading/unloading point should not exceed 25 meters.

– Customers are responsible for being present or having an authorized representative present during loading/unloading.

– The Company is not liable for any misconduct by the labour. Customers should report any incidents.

### Confidentiality

Customers shall not disclose any information received through Loaddy to third parties. Confidential information related to the Company’s business must be protected, and customers will be liable for any loss or damage resulting from unauthorized disclosure.

### Disclaimer

All vehicles registered with the Company are tracked using mobile technology for security reasons. The Company does not own vehicles or employ drivers or labour directly. Vehicles, drivers, and labour are provided by third parties, and the Company disclaims all liability for their actions.

The Company reserves the right to use customer contact information for marketing purposes and may send SMS updates to registered mobile numbers.

*Refund Policy*

At Loaddy, we strive to provide the best possible products and services to our customers. However, we understand that sometimes a refund may be necessary. Our refund policy is designed to be fair and transparent.

*Eligibility for Refund*

A refund may be requested in the following circumstances:

– Cancellation of order before shipment
– Defective or damaged product received
– Product not as described
– Failure to deliver product within the promised timeframe

*Refund Processing Time*

Refunds will be processed within 2 to 4 working days from the date of receipt of the refund request. The refund will be credited to the original payment method used during the purchase.

*Refund Amount*

The refund amount will be equal to the original purchase price of the product or service. Any shipping costs incurred will not be refunded.

*Refund Procedure*

To request a refund, please contact our customer support team via email at loadlinkexchange@gmail.com or phone at 7811905395. Please provide your order number, reason for refund, and any other relevant details.

*Note*

– Refunds will only be processed after the product has been returned to us in its original condition, if applicable.
– Refunds may take additional time to reflect in your account due to bank processing times.

We appreciate your understanding and cooperation. If you have any questions or concerns, please don’t hesitate to reach out to us.

### Ace Plus Terms and Conditions

– Only ground floor to ground floor loading/unloading is allowed.

– The distance between the Loaddy vehicle and the loading/unloading point should not exceed 25 feet (8 meters).

– The maximum weight per box allowed is 25 kg, with up to 30 boxes/cartons permitted.

– Labour charges will be automatically added to the invoice.

### Insurance Info

For insurance-related terms and conditions, please refer to the relevant sections on the Loaddy website.

### Your Acceptance of Our Terms and Conditions

By using our services, you agree to the terms and conditions set out in the consignment note, contract of carriage, and any related documents. These terms and conditions also apply to subcontractors and employees of the Company. Any variations to these terms must be agreed upon in writing by an authorized officer of the Company.

**Your Obligations**

  1. **Consignment Details:** You guarantee that the contents of the consignment (including weight and number of items) are accurately described on our consignment note and that the Consignment Note is complete in all respects. Required documents for transporting the consignment, including invoices and permits, are enclosed with the Consignment Note.
  1. **Prohibited Items and Compliance:** You confirm that the contents of the consignment are not prohibited or restricted by applicable regulations. You will provide any necessary Dangerous Goods declaration accurately in accordance with Applicable Law. Neither you nor the consignee is restricted from legal trade under Applicable Law.
  1. **Truthfulness and Indemnification:** All statements, information, and documents you provide regarding the consignment are true and correct. You acknowledge that making untrue or fraudulent statements may result in civil claims and/or criminal prosecution, including forfeiture and sale. You agree to indemnify us against any claims arising from the information you provide.
  1. **Delivery Authorization:** We are authorized to deliver the goods to the address specified on the Consignment Note. Delivery confirmation will be sent via SMS or email; no response within 24 hours will be considered an affirmation of delivery.
  1. **Accurate Weight Declaration:** You have declared the correct weight of the consignment and will provide any special equipment needed for loading or unloading the consignment onto or off our vehicles.
  1. **Payment Responsibility:** If you request us to charge the receiver or a third party and they fail to pay, you will promptly settle our invoice, including an administration fee, within 7 days of receiving the invoice.
  1. **Compliance with Applicable Law:** You confirm compliance with Applicable Law in all your actions related to the consignment.
  1. **Transportation of Valuables:** You understand and acknowledge that our services are not suitable for transporting valuables such as cash, gold, silver, diamonds, precious stones, jewelry, expensive luxury items, etc. If you choose to transport such items, it is at your risk, and we disclaim any liability for loss, damage, theft, or misappropriation of the consignment. We may also seek indemnification if we suffer a loss of reputation or goodwill due to breaches of these terms.
  1. **Insurance for High-Value Consignments:** If the consignment or any of its contents exceed a value of INR 25,000, you must insure it through a General Insurance company before transportation. Without adequate insurance, the risk of loss, damage, or misappropriation rests entirely with you, and we disclaim any liability. You agree to indemnify us for any reputational damage resulting from breaches of these terms.
  1. **Indemnification:** You agree to indemnify and hold us harmless from any liabilities, costs, damages, or expenses, including legal costs, arising from your breach of any warranties, representations, or guarantees. This includes cases where we inadvertently accept a consignment that contravenes your obligations.
  1. **Truthfulness in Customs and Formalities:** You certify that all statements and information you provide about the consignment’s transportation are true and correct. False or fraudulent statements risk civil claims and/or criminal prosecution, including forfeiture and sale. Our assistance with customs and other formalities is at your sole risk, and you agree to indemnify us for any claims or costs arising from your information.
  1. **Use of Services:** You acknowledge that using our services is at your sole risk and that we disclaim all representations and warranties regarding condition, suitability, quality, merchantability, and fitness for any purpose to the fullest extent permitted by law. We do not guarantee that our services will meet your requirements or be uninterrupted, timely, secure, or error-free. Additional charges may apply for distant locations and tolls.
  1. **Circumstances Beyond Our Control:** We are not liable for events beyond our control, including but not limited to natural disasters, war, epidemics, strikes, and mechanical failures.
  1. **Acts of Third Parties:** We are not liable for criminal acts by third parties, such as theft and arson, or breaches of these terms by you or others.
  1. **Dangerous Goods and Prohibited Items:** We do not transport Dangerous Goods unless you have obtained our written approval as an approved customer. We may accept some Dangerous Goods if you comply with applicable regulations and our requirements. Prohibited items are not accepted for transport. You agree to indemnify us against any claims related to the consignment’s contents and any costs incurred.
  1. **Rejected Consignments:** If the receiver refuses delivery, we will attempt to contact you for further instructions. You agree to pay any costs for forwarding, disposing of, or returning the consignment.
  1. **Termination of Agreement:** If you terminate the agreement with us concerning any consignment, you are liable for the entire fees and expenses incurred.
  1. **Claims by Third Parties:** You agree that no third party may bring a claim or action against us arising out of the carriage, even if we are negligent. If a claim is made, you will indemnify us against the consequences and any costs incurred.

**Loaddy Referral Program** 

**GENERAL TERMS**

These referral terms and conditions should be read in conjunction with the Terms of Service.

In these Referral Terms:

(i) “We,” “Us,” “Loaddy,” or “Company” refers to SmartMove Logistics Solutions Private Limited;

(ii) “Referrer” means the individual whose Referral Code is used to sign up;

(iii) “Referral Recipient” or “referee” refers to the person who signs up using a valid Referral Code;

(iv) “Customer” or “You” refers to either the Referrer or the Referral Recipient;

(v) “Referral Code” is a unique code given to the Referrer by the Company;

(vi) “Referral Discount” is any incentive given by the Company to the Referrer or Referral Recipient;

(vii) “Referral Program” is the process through which the Referrer or Referral Recipient uses the Referral Code on the Loaddy platform to receive a Referral Discount.

Participation in the Referral Program requires acceptance of these Referral Terms, which form part of the Terms & Conditions.

These Referral Terms create a legally binding agreement between You and Us. By participating in the Referral Program, You agree to abide by these Terms.

**ELIGIBILITY TERMS**

The Referral Program is available only to users of the Loaddy mobile application. Participation is voluntary, and any transaction on the app signifies acceptance of these Referral Terms.

**CRITERIA TO EARN REFERRAL COUPON**

The Referral Discount is granted to the Referrer only after the Referral Recipient completes their first order. The Email ID and/or phone number used by the Referral Recipient to sign up must not have been previously used with the Loaddy app.

The value of the Referral Discount will be based on the Company’s active Referral Program at the time of the Referral Recipient’s sign-up. The Company retains the right to limit or deny Referral Discounts to prevent fraud.

Referral Discounts may have additional terms such as minimum order values, usage days, and timings. The Company may update these terms periodically. Referral Codes cannot be duplicated, sold, or transferred and should not be shared publicly or through any media. Violations may result in the revocation of Referral Discounts or suspension of accounts.

Sign-ups using different email addresses or phone numbers on the same device do not qualify as valid referrals.

The maximum number of referral coupons a user can earn is 20.

**TERMS OF USAGE OF REFERRAL DISCOUNT**

Referral Discounts cannot be combined with other Referral Codes or programs. They are non-transferrable, have no cash value, and cannot be used for past orders. The discount applies only to the final amount and will not exceed the total order value.

**TERMS FOR CHANGES IN REFERRAL PROGRAM**

The Company may convert Referral Discounts into other forms of credit, including Company money credits, and you will not receive cash or refunds. The Company can discontinue Referral Discounts at its discretion without prior notice. Disputes will be resolved based on the Company’s decision.

The Company can alter, withdraw, or modify Referral Terms at any time, and these changes will be binding. Referral Discounts are subject to force majeure events and may be withdrawn at the Company’s discretion.

**TERMS TO MONITOR REFERRAL ACTIVITIES**

The Company reserves the right to review referral activities, suspend accounts, or revoke Referral Discounts if misuse, fraud, or violations of the Referral Terms are suspected.

**TERMS IN CASE OF ABUSE/FRAUD OF REFERRAL SCHEME**

Creating multiple accounts to gain Referral Discounts fraudulently is prohibited. The Company can revoke discounts or suspend accounts if misuse or violations occur. Taxes and other charges are the Customer’s responsibility.

The Company is not liable for any abuse of Referral Codes due to Customer negligence.

**MISCELLANEOUS**

If any provision is deemed invalid or unenforceable, it will not affect the validity of the remaining provisions.

These terms are governed by Indian law, and disputes will be adjudicated exclusively in Bangalore courts.

Personal data collected for the Referral Program will be handled according to the privacy policy.

**Assured Booking Terms** 

– Only eligible users will receive communication under this scheme.

– The scheme applies to Tata Ace open category bookings between 10:30-19:00 Hours only.

– The scheme is eligible for certain pickup locations in Chennai.

– Each user is eligible for a maximum of INR 50 cashback per day for unfulfilled bookings.

– Cashback will be credited within 24 hours of an unfulfilled booking.

– Management’s decision is final in all aspects of the scheme.

**GST** 

– GST, as applicable, will be levied on the invoice.

– Information provided will be considered only prospectively; invoices will not be revised retrospectively for delayed GST registration information.

– Taxes under the reverse charge mechanism, where applicable, must be paid by the service recipient.

 

**Governing Law and Jurisdiction**

These Terms of Service are governed by and construed in accordance with the laws of India. The courts of Chennai have exclusive jurisdiction over disputes arising out of or related to these Terms of Service or any services provided under them.

**Grievance Officer**

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided below. Any grievances under the said Rules, related to the services provided by Loaddy, may be addressed to the Grievance Officer at the following contact details:

Legal Team,

SmartMove Logistics Solutions Private Limited

2/68 West street,

Konur Post,

Namakkal,

Tamilnadu. 637207

Contact Us:

Email: loadlinkexchange@gmail.com

Phone: 7811905395

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

**Disclaimer**

The information contained on the Loaddy website and app is for general informational purposes only. The information is provided by SmartMove Logistics Solutions Private Limited, and while we strive to keep the information up-to-date and accurate, 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 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 may be able to link to other websites which are not under the control of Loaddy. 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 endorsement of the views expressed within them.

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

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