Terms and Condition
Welcome to Tesla Tooki. If you continue to browse and use our app/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 by
Sheevoot International Private Limited (Owner of Tesla Tooki) relationship with you in relation to this app/website and the Services (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 will prevail.
Definitions
The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:
"We", "us", "our", "Carrier", "TESLA TOOKI", "Company" shall refer to Sheevoot International Private Limited (owner of Tesla Tooki), 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” shall refer to the sender, consignor, or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment, or any other party having a legal interest in those contents, as the case may be.
“Services” means the services provided by TESLA TOOKI which enable the following:
The services of goods transport of vehicles by Customers for a point-to-point service, or for time and usage-based service within city limits and outside the city limits, including inter-city all over India.
Hiring of labour by Customers for loading/unloading of the consignment; and such other services which TESLA TOOKI may from time to time add.
"Carriage" means and includes the whole of the operations and services undertaken by us in connection with the Consignment.
"Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by us for carriage under our Consignment Note.
“Dangerous Goods” means goods classified as dangerous as per ICAO T.I., IATA DGR, IMDG-Code, ADR, or other national regulations for transport.
“Delivery” means the tender of the consignment to the consignee or intimation about the arrival of the consignment.
"Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law.
“Receiver” or “Consignee” shall refer to the recipient or addressee or the consignee of the Consignment.
“Applicable Law” means all laws, statutes, ordinances, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, administration, and 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 which has the force of law in India.
User(s) Eligibility
User(s) means any individual or business entity/organization that legally operates in India or in another country, uses, and has the right to use the Services provided by TESLA TOOKI. It is hereby clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age.
TESLA TOOKI advises its users that while accessing the website, they must follow/abide by the related laws. TESLA TOOKI is not responsible for the possible consequences caused by your behaviour/acts during the use of the website. TESLA TOOKI may, in its sole discretion, refuse the service to anyone at any time.
User(s) Agreement
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the website 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 TESLA TOOKI Services, collectively with any additional terms and
conditions 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
Tesla Tooki may change, modify, amend, or update this agreement from time to time with or 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 and deemed acceptance of the amended Agreement. Further, User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.
Intellectual Property Rights
Tesla Tooki is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video, etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights on the website and its content shall remain with TESLA TOOKI, its affiliates, or licensees of TESLA TOOKI content, as the case may be.
All rights, not otherwise claimed under this agreement or by TESLA TOOKI, are hereby reserved.
The information contained in this website is intended solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. TESLA TOOKI 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 website, 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 on this website is provided "AS IS" with no guarantee of completeness, accuracy, timeliness, or 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 TESLA TOOKI 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.
Tesla Tooki 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 app/website.
Trademark
All related icons and logos are registered trademarks or trademarks or service marks of Tooki 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 website is the copyright of TESLA TOOKI except for the third-party content and link to third-party websites on our app/website.
Wallet
Tooki uses a wallet system where the driver need not pay any commission on the trip made in percentage but has to recharge the wallet, which will be converted to points ensuring the prevention of fraud or theft of wallet money. The per km fee is fixed for different times (morning, evening, and prime time) and also varies as per the number of orders received per day. The fee structure changes according to the stages of trips completed (e.g., 3 and more, 5 and more, 7 and more, and 10 and more).
The maximum number of trips one can complete per day is 25, and the permitted work hours are 12 hours per driver for a vehicle. The same vehicle can be used by three or four drivers per day, but it cannot be driven by the same driver for more than 12 hours to ensure safety and avoid accidents.
The wallet system benefits drivers as only the trip charges are deducted from the wallet, allowing them to save the commission otherwise paid to the company.
Tooki is both customer-friendly and driver- useful. Drivers receive the payment directly from customers in cash or through UPI, boosting confidence and ensuring prompt service.
This system eliminates delays or pauses in receiving payments from customers. Drivers have a hassle-free trip, reducing stress and avoiding money crunches needed for fuel, vehicle breakdowns, or medical emergencies.
Benefits of the Wallet System
Immediate Payment: Drivers receive payment immediately after completing a trip or before starting it via UPI.
Negotiation: Drivers and customers can negotiate rates based on the material's fragility, weight, and size. They can also see live video and photos of the material or warehouse through the app.
Tracking: Customers can track the route of the material and ensure remote delivery.
Platform Fee: Customers pay an upfront fee of Rs. 20 per trip in addition to the negotiated rate
for the driver. The platform charges apply to every trip, and if the trip is not realized, the amount is forwarded to future trips or refunded upon request.Labour Charges: Labour charges are Rs. 150 per person per half hour. If the distance to reach the labour is far, charges include travel timings. Special labour charges are negotiable and paid upfront. The company is not responsible for payment-related matters between drivers and labourer.
Systematic Retrieval and Use of Content
Systematic retrieval of TESLA TOOKI 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 TESLA TOOKI is prohibited. 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 Tooki Services, you agree that you will not use the website service to infringe the intellectual property rights of Tooki or any other third party in any way. TESLA TOOKI reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with the use of the Tooki service, or if Tooki believes that user(s) conduct is harmful to the interests of Tooki, its affiliates, or other users, or for any other reason in Tooki's sole discretion, with or without cause. You shall be liable to indemnify Tooki for any losses or expenses incurred by Tesla Tooki due to any infringement of intellectual property rights owned by Tesla Tooki, prejudicing Tesla Tooki right to bring any legal action against you
Links to Third-Party Sites
Links to third-party sites are provided by the website as a convenience to user(s) and Tesla Tooki has no control over such sites, including their content and resources.
Tesla Tooki 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's websites. You are cautioned to read such sites' terms and conditions and/or privacy policies before using them to be aware of the terms and conditions of your use. Tesla Tooki acknowledges that user(s) understand
Tesla Tooki has no control over such third-party sites, does not monitor them, and shall not be responsible or liable to anyone for such third-party sites, or any content, products, or Services made available on such a site. User(s) shall review Tesla Tooki's Privacy Policy and abide by it during interactions with Tooki, concerning any information and data.
Termination
Most content and some features on the website are made available to visitors free of charge. However, Tooki reserves the right to terminate access to certain areas or features of the website at any time for any reason, with or without notice. Tooki also reserves the universal right to deny access to particular users to any/all of its Services without prior notice/explanation to protect the interests of Tooki and/or other visitors to the website. TESLA TOOKI reserves the right to limit, deny, or create different access to the website and its features for different user(s) or to change any 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 vehicles:
The customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable), and any fee or levy presently payable or hereinafter imposed by the Applicable Law
or required to be paid for availing the Services of Tooki app.
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: Soiling or damaging
Labour Services
Tooki app provides customers the option to utilize Labour Services by clicking on the
“Include Labour” toggle on the review screen of the website/App.
“Labour Services” refers to the service provided by the labour wherein the labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa.
“Labour” refers to the driver of the vehicle and the person accompanying him in the vehicle.
By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing of the Labour Services, the Customer agrees to the following terms and conditions.
These terms shall be applicable in addition to the terms and conditions applicable to the customers for the hiring of vehicles:
Ground Floor Only:
Labour Service is provided only for ground floor to ground floor loading/unloading. The ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 25 metres.Extra Charges: Extra charges (as visible in the Invoice) for the Labour Service shall be payable by the Customer.
Presence During Loading/Unloading: The Customer or an authorized representative must be present in person at the time of loading/unloading of the consignment.
Liability for Misbehaviour:
Tooki shall not be liable for any misbehaviour of the labour during the loading/unloading process. However, incidents should be reported to the Company, and it may take action at its sole discretion.
Confidentiality
User(s) shall not disclose any information received under the contract of service with Tooki to any third party. Access to any information that pertains to the business of Tooki shall be kept confidential to the extent it might adversely impact Tooki's business.
User(s) shall be liable to indemnify Tooki against any loss of business or reputation due to the act of the user(s).
All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear that the Company does not own any vehicles nor directly or indirectly employ any drivers for the vehicles or labour for loading/unloading of consignments. Vehicles, drivers, and labour are all supplied by third parties, and the Company disclaims any and all liability in respect of the labour, drivers, and the vehicles alike.
The Company reserves the right to use customer contact information for its own marketing purposes and may send regular SMS updates to the mobile numbers registered with it.
ACE Plus Terms and Conditions
Ground Floor Only: Only ground floor to ground floor loading/unloading is allowed.
Distance Limit: The distance between the Tooki truck and the loading/unloading point should not be more than 25 feet (8 metres).
Weight Limit: The maximum weight per box allowed is 25 kg, and up to 30 such boxes/cartons are allowed.
Automatic Labour Charge: The labour charge will be automatically added to the invoice.
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 subcontract 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 warrant, undertake, and guarantee to us:
Consignment Details:
The contents of the consignment (including but not limited to weight and number of items) have been properly described on our consignment note, and the Consignment Note is complete in all respects. The documents required for transporting the consignment, including invoices and permits, are enclosed with the Consignment Note.
Prohibited Items:
The contents of the Consignment are not Prohibited Items and/or are not restricted by applicable regulations. You will supply to us any Dangerous Goods declaration that is needed, properly and accurately, in accordance with Applicable Law. Neither you nor the consignee is a person or organization with whom we or you may not legally trade under Applicable Law.
Accuracy of Information:
All statements, information, and documents provided by you relating to the Consignment are true and correct. You acknowledge that making untrue or fraudulent statements about the Consignment or any of its contents may result in civil claims and/or criminal prosecution, including penalties of forfeiture and sale. You agree to indemnify us and hold us harmless from any claims brought against us or our agents arising from the information provided by you.
Delivery Authorization:
We are authorized to deliver the goods at the address mentioned on the Consignment Note. It is expressly agreed that we shall be conclusively presumed to have delivered the goods in accordance with this contract. Delivery confirmation will be sent by SMS/email, and no response within 24 hours will be considered an affirmative delivery confirmation.
Correct Weight Declaration:
You have declared the correct weight of the consignment and will provide any special equipment needed to load or unload the consignment on or off our vehicles.
Payment Responsibilities:
When you have asked us to charge the receiver or a third party and the receiver or third party does not pay, you will promptly settle our invoice, together with an administration fee, in full within 7 days of us sending you the invoice.
Compliance with Law:
Applicable Law has been complied with by you.
Transportation of Valuables:
You understand, agree, and acknowledge that the Services are not suitable for transporting valuables like cash, gold, silver, diamonds, precious stones, jewels, or jewellery. Any loss, damage, theft, or misappropriation of the consignment shall be at your risk, and we shall explicitly disclaim any liability or responsibility arising from such incidents.
We reserve the right to claim indemnification from you for any loss of reputation or goodwill due to your actions breaching our terms of service.
Insurance for High-Value Consignments:
If the consignment or any contents exceed the value of INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In the absence of adequate insurance, the transportation of the consignment shall be entirely at your risk. We explicitly disclaim any liability or responsibility for damage, loss, theft, misappropriation, or any insurable loss to the consignment or its contents.
You agree to indemnify us for any loss of reputation or goodwill due to your actions breaching our terms of service.
Indemnification:
You agree to indemnify us and hold us harmless from any liabilities or costs, damages, or expenses, including legal costs, incurred by us or anyone else due to your breach of these warranties, representations, and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
True Statements:
You certify that all statements and information provided by you related to the transportation of the consignment are true and correct. You acknowledge that making untrue or fraudulent statements about the consignment or its contents may lead to civil claims and/or criminal prosecution, including penalties of forfeiture and sale. If we voluntarily assist you in completing required customs and other formalities, such assistance is at your sole risk. You agree to indemnify us for any claims arising from the information you provide, and any costs incurred due to this, including any administration fees we may charge for providing these services.
Disclaimer of Warranties:
The customer agrees and acknowledges that the use of the Services offered by the Company is at the customer's sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied, as to condition, suitability, quality, merchant ability, and fitness for any purpose to the fullest extent permitted by Applicable Law.
Circumstances Beyond Our Control
The Company shall not be liable for any failure or delay in the performance of its obligations under these terms and conditions due to circumstances beyond its reasonable control, including but not limited to:
Acts of God such as earthquakes, cyclones, storms, flooding, fire, disease, fog, snow, or frost.
Force majeure events including war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes, or civil commotions.
National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery.
Latent defects or inherent vice in the contents of the consignment.
Criminal acts of third parties such as theft and arson.
Your acts or omissions or those of third parties, including but not limited to:
You are breaching your obligations under these terms and conditions.
The contents of the consignment consisting of any article that is a prohibited item or Dangerous Goods, even if we mistakenly accept the consignment or you willingly hand it over without notifying or declaring it to us
Dangerous Goods / Security Dangerous Goods
We do not carry, nor perform other services regarding, goods which are in our sole opinion Dangerous Goods, including, but not limited to, those specified in the regulations, guidelines, technical instructions, and codes applicable to us and our business or to the transport of, or the performance of other services regarding, Dangerous Goods. We may at our discretion accept some Dangerous Goods for carriage, or for the performance of other services, in some locations if you have been accorded the status of an approved customer. This status must be given by us in writing before your consignment can be accepted. Your Dangerous Goods will only be accepted if they comply with the applicable regulations and our requirements. Details of our requirements, together with the procedure for applying for approved customer status, are available from our nearest office. A dangerous goods surcharge will be invoiced to you upon acceptance of your consignment.
Prohibited Item
We do not accept consignments that contain prohibited items. We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type, or value thereof, and you agree to indemnify us and hold us harmless from any claims brought against us arising out of or relating to such declaration provided by you and any costs we incur relating thereto.
Rejected Consignments
If the receiver refuses to accept delivery, we will try to contact you and agree on the next action if it is appropriate. 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. If user(s) terminates the agreement with Tesla Tooki with respect to any consignment, user(s) shall be liable to pay Tooki the entire fees and other expenses incurred with respect to such consignment.
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.
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 Tesla Tooki with respect to access to and use of the website and the Services offered by Tesla Tooki, superseding any prior written or oral agreements in relation to the same subject matter herein.
Additional Policies
Franchise model Tooki is available in franchise model for further details please write to us if anyone is interested
Assured Booking Terms
Only users who have received the communication are eligible under this scheme.
This scheme is eligible for Tata Ace open category bookings between 10:30-19:00 Hours only.
20 points per referral will be auto credited to be used in trips fee. A maximum of 30 referrals is allowed in a month.
GST (GOODS & SERVICE TAXES)
GST, as applicable, will be levied on the Invoice.
Any information shall be considered only prospectively. Under no circumstances will invoices be revised retrospectively for delay in providing GST registration information.
Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to the principles of conflict of laws.
The courts of Bengaluru shall have exclusive jurisdiction over any disputes, differences, or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service.
Grievance Officer
In accordance with the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided. Any grievances under the said Rules, its treatment, or any grievance related to Services being availed at Tesla Tooki may be directed by the Authority under the said Rules to the grievance officer at the below-mentioned coordinates:
Legal Team,
Tesla Tooki, 2nd Floor, Kengeri Metro Station, 1st Stage, Railway Bridge,
Bengaluru, Karnataka 560060
Contact us:
Email: office@sheevoot.com
Phone: 9511724041
Time: Monday to Friday (10 a.m. to 6 p.m.)
Disclaimer
The information contained in this website and Tooki App is for general information purposes only. The information is provided by Tooki and while we endeavour 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/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 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/App.
Through this website/App, you are able to link to other websites which are not under the control of TESLA TOOKI. 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 portal up and running smoothly. However, TESLA TOOKI takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.