Terms & Conditions

BYT (BOOKYOURTRUCK)

These Terms and Conditions ("Terms") govern your access to and use of the online platform and mobile application (collectively, the "Platform") operated by BYT Logistics Private Limited ("BYT," "We," "Us," or "Our").

BYT is an online marketplace connecting Truck Owners/Operators ("Truckers" or "Carriers") with individuals or businesses seeking to transport goods ("Shippers" or "Customers").

By accessing or using the Platform, you agree to be bound by these Terms and our separate Privacy Policy. Please read them carefully. If you do not agree to these Terms, you may not use the Platform.

1. DEFINITIONS

2. REGISTRATION, ACCOUNT, AND ELIGIBILITY

2.1. Eligibility: You must be at least 18 years old and capable of entering into a legally binding agreement under Indian law. By using the Platform, you represent and warrant that you meet this eligibility requirement. If you are registering on behalf of a company, you represent that you have the authority to bind the entity to these Terms.

2.2. Account Creation: You must register and maintain an active user account. Account registration requires submitting certain personal information, including name, address, mobile number, email, and for Truckers, necessary commercial and vehicle documents (PAN, GSTIN, RC, Insurance, Permits, Driver's License, etc.).

2.3. Account Security: You are responsible for all activity that occurs under your account. You agree to maintain the security and secrecy of your account password and to immediately notify BYT of any unauthorized use of your account.

2.4. Verification: BYT reserves the right to verify the identity and legal standing of any User. Failure to provide accurate and complete documentation may result in the suspension or termination of the account.

3. THE ROLE OF BYT (BOOKYOURTRUCK)

3.1. Marketplace Role: BYT is a technology service provider and an online marketplace that acts solely as an intermediary to connect Shippers and Truckers.

3.2. Not a Carrier: BYT IS NOT A TRANSPORT CARRIER, FORWARDER, OR BROKER. BYT does not own, operate, or control the vehicles used for transportation. The actual contract of carriage is established directly between the Shipper and the Trucker whose bid is accepted.

3.3. No Liability for Carriage: BYT is not responsible for the performance or non-performance of the transport service, the condition of the goods, or the acts/omissions of either the Shipper or the Trucker.

4. TERMS SPECIFIC TO SHIPPERS (CUSTOMERS)

4.1. Shipment Posting & Deposit: To place a Shipment on the Platform, the Shipper must pay a non-refundable/refundable Deposit Amount as specified in the Shipment posting process.

• Refund/Points Policy: In cases where the job is completed successfully, and all terms of the Shipment are met, the Shipper may be eligible for a refund of the Deposit Amount. This refund will typically be processed in the form of BYT Reward Points credited to the Shipper's app account.
• BYT Reward Points: These points can be used by the Shipper for various designated purposes on the Platform, such as discounts on future shipments or purchase of services/products offered by BYT (e.g., Insurance, Accessories). BYT reserves the right to define the value, usage, and expiration of these points.

4.2. Shipment Details: Shippers must provide accurate, complete, and truthful information about the Shipment, including: Pickup and delivery locations, accurate weight, dimensions, and nature of the goods (including any hazardous or perishable materials), required vehicle type, and expected dates/times.

4.3. Prohibited Goods: Shippers must not post Shipments containing illegal, restricted, or highly hazardous materials as defined by Indian law.

4.4. Binding Contract: By accepting a Trucker’s Bid, the Shipper enters into a legally binding contract with the Trucker for the execution of the transport service.

4.5. Payment Obligation: The Shipper is obligated to pay the final accepted Bid amount (freight charge) to BYT in accordance with the payment terms specified in Section 6.

5. TERMS SPECIFIC TO TRUCKERS (CARRIERS)

5.1. Documentation and Compliance: Truckers warrant that they possess all necessary licenses, permits, vehicle registration certificates (RC), valid insurance, and licensed drivers required to perform the transport services under Indian law.

5.2. Bidding Fee: Truckers will be required to pay a nominal, non-refundable Bidding Fee for each Shipment they wish to bid on. This fee is charged for accessing the opportunity to bid and does not guarantee selection.

5.3. The Bidding Process and Commission:

• A Bid is an irrevocable offer to transport the Shipment for the price quoted.
• All Bids must be inclusive of all operational costs.
• Platform Fee/Commission: Upon selection of the Trucker's Bid by the Shipper, the Trucker must pay a Platform Fee or Commission (a percentage of the final accepted Bid amount) to BYT immediately in order to confirm and proceed with the shipment details. The specific fee structure is detailed in the "Fee Schedule" section of the Platform.
• Failure to pay the Platform Fee/Commission within the stipulated time will result in the automatic cancellation of the booking and may incur a penalty.

5.4. Service Quality: Truckers agree to exercise reasonable care and skill in performing the transport service, including timely pickup, safe transit, and delivery of the Shipment in the same condition as received.

5.5. Performance Default: Failure to execute the shipment after confirmation and payment of the Platform Fee may result in the forfeiture of the commission paid, account suspension, and/or penalties.

6. PAYMENT, FEES, AND FINANCIAL TERMS

6.1. BYT Revenue Streams: BYT generates revenue from (a) Shipper Deposit (partially refundable via points), (b) Trucker Bidding Fees, (c) Trucker Platform Commission, and (d) Sale of auxiliary products/services.

6.2. Shipper Payment: The Shipper pays:

• Deposit Amount: Charged upon placing the shipment (Section 4.1).
• Freight Charge (Bid Amount): Paid to BYT upon confirmation of the booking.

6.3. Trucker Payment: The Trucker pays:

• Bidding Fee: Charged for participating in the bid (Section 5.2).
• Platform Fee/Commission: Charged upon selection of the bid (Section 5.3).

6.4. Payment to Trucker:

• BYT will hold the freight amount paid by the Shipper.
• The freight amount (minus BYT's Platform Fee/Commission, and any applicable TDS/TCS) will be released to the Trucker only after the Shipper confirms successful delivery of the Shipment and submission of the required Proof of Delivery (POD).

6.5. Taxes: All charges and fees are subject to applicable taxes, including Goods and Services Tax (GST), TDS (Tax Deducted at Source), and TCS (Tax Collected at Source) as per Indian tax laws. Users are solely responsible for their respective tax liabilities.

7. AUXILIARY PRODUCTS AND SERVICES (SALES)

7.1. Product Sales: BYT may offer for sale, directly or through third-party partners, various products and services to Users, including but not-limited to GPS tracking devices, Cargo Insurance, Fuel Sensors, and Dash Cameras ("Auxiliary Products").

7.2. Insurance Disclaimer: Where BYT facilitates the purchase of Cargo Insurance, BYT acts only as a facilitator. The insurance contract is solely between the User and the respective insurance provider. BYT is not an insurer and makes no representation regarding the coverage or claims process. All claims must be filed directly with the insurer.

7.3. Product Warranty and Support: The warranty, support, and maintenance for Auxiliary Products are governed by the terms and conditions provided by the respective manufacturer or supplier. BYT’s liability for these products is limited to facilitating the sale; BYT is not responsible for installation, malfunction, or technical support.

8. CANCELLATION AND PENALTIES

8.1. Cancellation by Shipper: If a Shipper cancels a confirmed booking, the Shipper may forfeit the initial Deposit Amount. Specific cancellation charges are detailed in the BYT Cancellation Policy.

8.2. Cancellation by Trucker (Default): If a Trucker fails to execute a confirmed booking, the Trucker will forfeit the Platform Fee/Commission paid. The Trucker may also be subject to additional penalties and account suspension.

9. DISPUTE RESOLUTION BETWEEN USERS

9.1. User-to-User Disputes: Any dispute arising between a Shipper and a Trucker must first be attempted to be resolved directly.

9.2. BYT Assistance: BYT may, at its sole discretion, offer limited mediation support.

9.3. Cargo Claims and Insurance: All claims for loss or damage to the Shipment must be directed solely against the Trucker who performed the service, or the applicable insurance provider (if Cargo Insurance was purchased), and not against BYT.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1. Indemnity: You agree to indemnify, defend, and hold harmless BYT from and against any and all claims, liabilities, damages, losses, and expenses arising out of or in connection with: (a) Your breach of these Terms, (b) The execution or failure of the transport service, and (c) Any claim related to your use of Auxiliary Products.

10.2. Limitation of Liability: BYT shall not be liable for any indirect, incidental, special, punitive, or consequential damages. BYT's total liability to any User shall not exceed the service fees paid by the User to BYT in the six (6) months immediately preceding the claim.