1. Introduction:

The DlightWay mobile applications (DlightWay, DlightWay Driver, DlightWay Agent, and DlightWay Vehicle Owner) and website(s) match carriers with shippers. This document is an electronic record in terms of the Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the terms and conditions carefully before registering, accessing, or using the DlightWay Services (defined below). The terms and conditions are a legal contract (“Agreement”) between You and DlightWay having its registered office at Plot No. 57-58, Anandam Housing Society, Village Hathoj, Kalwar Road, Jaipur, Rajasthan, 302012, India, and Corporate Office at S 119-120, Arihant Nagar, Village Hathoj, Kalwar Road, Jaipur, Rajasthan, 302012, India. You agree and acknowledge that you have read the terms and conditions set forth below. If you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not use the Services and/or immediately terminate the Services and/or uninstall the mobile application.

We may amend the terms and conditions at any time by posting an updated version at DlightWay website(s) and DlightWay App(s). The updated version of the Terms of Service shall take effect immediately upon posting. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of DlightWay App following the posting of changes will mean that You accept and agree to the revisions including additional Terms or removal of portions of these Terms, modifications, etc. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and avail the Services.

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at Privacy Policy. By accepting these User Terms, You also allow DlightWay to send you promotional emails and SMS alerts from time to time.

2. Definitions:

  1. “We”, “Us”, “Our” – Shall refer to DlightWay and DlightWay Entities.

  2. “DlightWay App” – The mobile application(s), hosted by DlightWay for providing DlightWay services to its users, including manufacturers, transporters, drivers, and all Services where it acts as an Intermediary.

  3. “DlightWay Website” – Shall refer to www.dlightway.com, which is registered by DlightWay and used as a medium to communicate and inform users of services provided by DlightWay not limiting to its features, terms and conditions, Our contact details.

  4. “Account”– Shall mean the account created by the Customer on the Application for availing the Services provided by DlightWay.

  5. “Customer/ You” – means a person who has an Account on the DlightWay Application.

  6. “Carriers”– Individuals or entities that offer loading motor vehicles used to transport goods.

  7. “Commercial drivers”– Individuals licensed to operate loading motor vehicles to transport goods for or on behalf of carriers.

  8. “Shippers”– Any user of the services that is identified as the shipper, consignor, or consignee, or that owns the goods being transported.

  9. “Dispatchers”– Individuals who assign loading motor vehicles and commercial drivers for the conveyance of freight.

  10. “Cancellation Fee”– Shall mean a fee payable by You, towards cancellation of a booking as detailed in these User Terms and the Cancellation policy.

  11. “Applicable Laws”– Shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, or a court of India.

  12. “Driver”– Shall mean and include such individuals as may be evaluated, appointed, and trained by an operator associated with us to provide the transportation services and persons who are registered with DlightWay and own such loading vehicles with necessary Local, National and other applicable transport loading vehicle permits and licenses to provide transportation services.

  13. “Force Majeure Event”– Shall mean any event arising due to any cause beyond the reasonable control of DlightWay.

  14. “Registration Data” – Shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by DlightWay from the Customer from time to time for registration on the Application.

  15. “Service(s)”– Means the facilitation of the services by DlightWay through the Application or via a telephone request, or booking on the Application and Site.

  16. “Substitute Vehicle”– Shall mean another loading vehicle arranged for transporting the Goods to destination, in the event of a loading vehicle breakdown.

  17. “Peak charge”– Shall mean additional charge applied in the situation where the demand is more than the available supply. Peak charges may vary on the basis of various market dynamics such as cost of living, fuel pricing, vehicle maintenance costs, interest rates, demand and supply situation etc.

  18. “TPSP”– Shall mean a third party service provider.

  19. “Vehicle”– Shall mean a loading motor vehicle as defined under The Motor Vehicles Act,1988.

  20. “Terms of use”/”Terms and Conditions”– Are interchangeably used and shall have the same meaning.

3. User Eligibility:

  1. Age Requirement: You must be at least 18 (eighteen) years old.

  2. Legal Competency: You must possess the legal competency to enter into a contract under the Applicable Laws.

  3. Jurisdictional Compliance: If you reside in a jurisdiction that imposes age restrictions on the use of the Service or limits the ability to enter into contracts, including agreements like this User Terms, you must comply with the age limits specified by that jurisdiction.

  4. Responsibility for Compliance: It is your responsibility to ensure that you meet the age and contractual competency requirements as per the laws applicable in your jurisdiction.

  5. Consequences of Non-Compliance: If you do not meet the specified age or contractual competency requirements, you are prohibited from using the Services provided by DlightWay.

  6. Verification: We reserve the right to verify your age and legal competency. If any discrepancies are found, we may take appropriate actions, including the suspension or termination of your account.

  7. Acknowledgment: By using the Services, you acknowledge and confirm that you meet the age and legal competency criteria as specified herein.

  8. Updates to Eligibility Criteria: We reserve the right to update or modify the eligibility criteria at our discretion. It is your responsibility to stay informed about any changes to these criteria.

  9. Non-Transferable: Your eligibility to use the Services is personal to you and is not transferable to any other individual.

4. User Registration:

You understand and acknowledge that You can register on the application only after complying with the requirements. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data. and by entering Your Registration Data.

  1. Accuracy of Registration Data: You are required to ensure that the Registration Data provided by you is accurate, complete, valid, true, and is updated promptly when necessary. We shall not be held liable for any consequences arising from false, incomplete, outdated, or incorrect Registration Data provided by you.

  2. Confidentiality and Account Security: You are solely responsible for maintaining the confidentiality of your Registration Data. You are liable for all activities and transactions initiated through your Account, whether by you or any third party. Your Account is non-transferable, non-assignable, and cannot be sold to a third party. We are not liable for any losses incurred due to unauthorized use of your password or Account, with or without your knowledge.

  3. Suspension or Termination: We reserve the right to suspend or terminate your Account immediately and indefinitely if we have reason to believe that your Registration Data or any other data provided by you is incorrect, false, or if the security of your Account has been compromised. Termination may occur for any other just or equitable reason deemed appropriate by us.

  4. Information Confidentiality: Except for the Registration Data and Permitted Information submitted during the use of our services, you should avoid sending any confidential or proprietary information unless required by Applicable Laws. Information provided to us, other than the Permitted Information, will not be considered confidential or proprietary.

  5. Device Compatibility: It is your responsibility to ensure that you download the correct application for your device. We are not liable for issues arising from the lack of a compatible mobile device or if you download an incorrect version of the Application. We reserve the right to terminate the Service and the use of the Application if an incompatible or unauthorized device is detected.

  6. Compliance with Laws and Service Usage: You agree to comply with all applicable laws when using our Services. The Services may only be used for lawful purposes, transport of unlawful materials is strictly prohibited. Your use of the Services should not cause nuisance, annoyance, inconvenience, or property damage to any party.

  7. Single Account Policy: You are allowed to open only one Account associated with the provided Registration Data. Unauthorized use of your Account should be reported immediately to support@dlightway.com.

  8. Account Access Issues: If you are unable to access your Account, inform us at support@dlightway.com and submit a written request for blocking your Account. We are not liable for any unauthorized transactions made through your Account within 72 (seventy-two) hours after a written request is made or in case of a Force Majeure Event.

5. Services:

1. Technology Platform: The DlightWay Services constitute a technology platform designed to facilitate the arrangement and scheduling of transportation and logistics services. Users, through the mobile application or website (referred to as the "Application"), can connect with independent third-party providers of transportation and logistics services (referred to as "Third Party Providers"). DlightWay explicitly does not provide transportation or logistics services and does not operate as a transportation carrier. All transportation or logistics services are provided by independent third-party contractors not employed by DlightWay or any of its affiliates.

2. Request and Acceptance: The Services allow you to send a service request to a driver on the DlightWay network. The driver has the discretion to accept or reject each service request. Upon acceptance, DlightWay notifies you and provides information about the assigned driver, including the driver's name, vehicle license number, contact details, and other relevant information.

3. User Agreement: By using the Application or the Service, you agree to:

4. Termination and Information Storage: DlightWay reserves the right to immediately terminate the Service and the use of the Application for non-compliance with the above requirements. DlightWay may store or transfer your information to perform its obligations under these terms.

5. Information Sharing: You grant DlightWay the right to process and transfer your information. This may involve storing or transferring your information outside India or your country of residence.

6. Consent to Share Information: You agree to allow DlightWay to share your information, including permitted information, with third parties.

7. Communication and Value-Added Services: DlightWay may provide information about services, discounts, and promotions through the App, SMS, or email. You have the option to discontinue receiving such information.

8. Third-Party Tie-ups: DlightWay may enter into tie-ups with other institutions offering similar services. You provide your irrevocable consent to such tie-ups, and these terms will apply accordingly.

9. Substitute Vehicle: In the event of a breakdown before completing a service, DlightWay may arrange for a Substitute Vehicle at its discretion and on a best-effort basis, subject to availability.

10. Vehicle Breakdown: DlightWay acknowledges no responsibility for delays or losses due to vehicle breakdowns or substitute vehicles.

6. Confirmation of Booking:

1. Booking Confirmation: Upon receiving a booking request from you, DlightWay will confirm or decline the booking based on vehicle availability at the specified pickup time and location. Confirmation details, including pickup time and place, will be communicated to you via the application, SMS, or email. It is your responsibility to verify the booking details, and if any inaccuracies are found, you must inform us immediately by calling our call center.

2. One Time Pin (OTP): On OTP request when delivery confirmed, a One Time Pin (OTP) will be generated and provided through the Application. You must share the OTP with consignee before unloading. If the OTP is not provided to the driver, the driver will not initiate the unloading.

3. User Responsibility: Any delay or damages resulting from your failure to check the confirmation message via the application, SMS, or email, or failure to promptly inform DlightWay of any incorrect details, will be your responsibility.

7. Payment Terms:

  1. Total Freight: DlightWay will provide the Total Freight at the beginning of each booking. This Total Freight may change on the next booking based on various factors and may differ from the previous booking for the same load and destination.

  2. Advance Payment: Users have to pay the Advance Payment shown in the application. There will be two options for payment: 'Online Payment or Cash Payment.' Direct payment to the driver using UPI or other means would be considered as Cash Payment.

  3. Balance Payment: On POD verification, Balance Payment should be paid Online or Cash as soon as possible.

  4. Convenience Fee / Access Fee: DlightWay may charge a Convenience Fee / Access Fee for value-added services, determined at DlightWay's sole discretion. The Customer agrees to pay this Additional Fee as part of the booking.

  5. Cancellation Fee: A Cancellation Fee, as per Clause 8, is applicable and forms part of the receipt of the charges.

  6. Receipt and Invoices: DlightWay will provide a receipt of the charges at the end of the trip. Invoices from DlightWay, the driver, or TPSP will be provided upon request. Users can download a copy of the invoices from the Application.

  7. Applicable Taxes: Customers are responsible for paying all applicable taxes included in the invoice.

  8. Payment Modes: Customers can pay the Advance and Balance Payment through payment modes available on the Application, including cash to the driver after completing the trip.

  9. Card Details Authorization: Users will provide payment details, and DlightWay, along with the Payment Processor, is authorized to access and process these details. The authorization remains effective as long as the user maintains an account.

  10. E-Wallet Payments: DlightWay offers the option of making online payments through an E-Wallet powered by a third-party payment processor. E-Wallet money is not applicable for phone bookings or when the user is not logged into their account. Disputes arising from E-Wallet errors are settled directly between the user and the Wallet Service Provider.

  11. Payment-related Issues: Issues, except those caused by Site errors, should be resolved between the user and the Payment Processor. DlightWay is not responsible for unauthorized E-Wallet use during or after availing Services.

  12. Refund Policy: The Total Freight paid is final and non-refundable unless otherwise determined by DlightWay. Refundable amounts will be refunded to the same account or as vouchers for unsuccessful transactions. We will process the refund in 3 Working Days it will be credited to your source account in 3 working days.

  13. Promo Codes/Vouchers: Use of Promo Codes/Vouchers may result in different charges, specific to the codes made available to the user.

  14. Default in Payment: In case of default in payment, DlightWay may restrict new bookings until outstanding Total Freights are paid. The user is responsible for all costs incurred by DligthWay in attempting to collect outstanding monies, including legal costs.

8. Cancellation Policy:

  1. Notification and Cancellation Fee: DlightWay will notify a Cancellation Fee on the Application upon canceling a booking. You have the flexibility to cancel your service request at any time, acknowledging the Cancellation Fee. Applicable Cancellation Fees will be communicated in advance on the Application or Site when attempting to cancel a booking.

  2. Receipts and Invoices: DlightWay will provide a receipt of the Cancellation Fee for each cancellation on the Application. Separate invoices for Cancellation Fees by TPSPs and Convenience Fees on cancellations by DlightWay will be provided on request.

  3. Immediate Payment: The Cancellation Fee is payable immediately upon levy. DlightWay may, at its discretion, include this fee as part of the Total Freight for your subsequent booking.

  4. Mode of Payment: The payment of the Cancellation Fee follows the payment terms outlined in Clause 7 of these User Terms.

9. User Responsibilities:

  1. Before Booking: Before booking any loading vehicle, you should carefully check all the details of the vehicle, such as advance payment, type of vehicle, total freight, dimensions, and passing weight. If you cancel the booking after confirmation, there is a cancellation fee.

  2. After Booking Confirmation: After booking confirmation, it's your responsibility to communicate with the driver so that you get information about the vehicle's whereabouts.

  3. Loading Goods: Always book a vehicle when you are ready to load goods because the loading time will already be mentioned at the time of booking. If the loading time exceeds the fixed time, you have to pay extra charges on an hourly basis.

  4. During Goods Loading: During goods loading time, make sure the driver understands the type of goods you are loading. If goods are countable, always load them with proper counting. If there is any leakage of goods, it's all your responsibility, so make it clear to the driver about the type of goods.

  5. Loading Time and Documents: Loading time will be fixed, as mentioned earlier, so prepare all required documents during goods loading so that the vehicle may depart for the destination on time. If the loading time exceeds, pay extra charges on an hourly basis.

  6. Consignee Details: Always provide full contact details of the consignee, so the driver can contact them about delivery. Vehicle unloading time is also fixed, so make the consignee understand so that he/she can prepare all required documents on time.

  7. Unloading Procedure: Unloading of goods can only be done when the consignee provides OTP to the driver. The OTP will be sent to you via text message on the driver’s OTP request before unloading. After that, you can share OTP with the consignee. Do not share OTP with the driver directly; DlightWay will not be responsible for any mishap.

  8. After Unloading: After unloading, provide POD and pay the balance payment on time so that the vehicle can be freed up to take another job.

  9. Insurance Responsibility: Consignor and consignee are both responsible for goods insurance. DlightWay is not responsible for any insurance in any condition.

  10. Loading Vehicle and No Entry Zones: During loading vehicle selection, provide information about No Entry Zones in both Pick-up and Delivery Points. If the vehicle enters No Entry Zones, the user will have to bear all Chalan or charges as per the city’s traffic rules.

  11. Other Location Unloading: If unloading is done at any other location despite the earlier provided delivery location during booking time, DlightWay will not be responsible for any damage to the goods. The driver may also ask for extra charges for unloading at another location.

  12. No Bribing: Do not try to bribe the driver. If this happens, DlightWay can take legal action against you.

  13. Goods Condition and Legal Action: Make the consignee understand to note down the goods' condition on receiving and get it signed by the driver after unloading so that legal action can be taken in any condition.

  14. Verification in DlightWay Application: Before loading goods, match driver and vehicle details with the booked driver and vehicle in the DlightWay Application. If you load goods into an unmatched vehicle, DlightWay is not responsible.

  15. Loading Goods According to Specifications: Load goods as per the selected vehicle’s dimensions and passing weight. Any mishap or wear and tear with loaded goods will not be DlightWay’s responsibility.

  16. Checking Goods Documents: Goods documents like Bill, E-way Bill, bilty, docket, LR, etc., must be carefully checked and corrected. If any mistakes are found in these documents, the consignor, and consignee are both responsible for such events. Halting charges must be paid in advance before unloading if there is any in such a situation. DlightWay is not responsible if any legal action is taken against you because of documents and wrong goods.

  17. Vehicle Weighing Receipt: Include the Vehicle Weighing Receipt (Khali Bhari Kanta Parchi) with goods documents.

  18. Additional Expenses: Loading a vehicle booked using DlightWay would not bear any extra expenses like Hamali, Dala, etc.

  19. Customer Service: If there is any misunderstanding or any other questions, you can always contact our customer service. We will be happy to provide you with the best service.

10. Intellectual Property:

  1. Ownership of Intellectual Property: DlightWay, and its licensors where applicable, exclusively own all rights, titles, and interests, including related intellectual property rights, in:
  2. Third-party trademarks may appear on this Site/Application, and all rights therein are reserved for the registered owners of those trademarks. To use any third party's intellectual property, You must obtain permission directly from the owner for any use.

  3. Non-Sale and Ownership Disclaimer: These User Terms do not constitute a sale and do not grant You any ownership rights or related rights to the Site, the Application, the Service, or any intellectual property owned by DlightWay. You are solely responsible for any violations of laws and infringements of intellectual property rights caused by the use of the Services or the Site/Application.

  4. Use of Information: You may use information on the Site made available by DlightWay for downloading, provided that You:

11. Governing Law, Dispute Resolution, and Jurisdiction:

  1. Governing Law: These User Terms are governed by the laws of India.

  2. Dispute Resolution: Any dispute, claim, or controversy arising from or related to these User Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site, the Service, or the Application (collectively, “Disputes”) shall be addressed through negotiation and consultation at the designated offices of DlightWay in Jaipur, Rajasthan.

  3. Jurisdiction: Subject to the above, any Dispute not resolved through arbitration will be subject to the exclusive jurisdiction of the courts in Jaipur, Rajasthan, India.

12. Platform and Liability Disclaimer:

  1. Disclaimer: You acknowledge that DlightWay functions solely as an electronic platform to match carriers with shippers and does not directly provide transportation services.

  2. Liability Disclaimer: DlightWay, its representatives, officers, employees, agents, and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from your use or non-use of the service or the platform. This includes reliance upon the service or the information contained on the platform, whether arising from negligence or otherwise.

  3. As-Is Basis: The Site, Application, and all content provided are on an "as-is" basis without warranties of any kind, either express or implied. This includes without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Your access and use of the Site and/or Application are at your sole risk, and DlightWay shall not be liable for any damages related to your access and use.

  4. Insurance Disclaimer: DlightWay is not involved in the insurance business and does not provide insurance services. DlightWay does not guarantee benefits from insurance services, including coverage, claims, and settlements. Claims or servicing of insurance policies raised through the Application are matters between the customer and the insurance company.

13. Agreement and Termination Policy:

  1. Perpetual Agreement: Unless explicitly terminated, the agreement between DlightWay and You remains perpetual upon downloading the Application and for each Service booked through the platform.

  2. Termination Rights: You have the right to terminate the agreement at any time by deleting your account, thereby disabling your use of the platform. You can close your account by following the instructions provided on the platform.

  3. DlightWay Termination: DlightWay reserves the right to terminate the agreement at any time and with immediate effect (by disabling your use of the platform and the service) if you:

  4. No Obligation to Notify: DlightWay is not obligated to give advance notice of the termination. After termination, DlightWay will provide notice in accordance with these User Terms.

  5. Termination Effects: Termination of this agreement will not prejudice accrued rights of either DlightWay or You.

14. Terms and Conditions Update Policy:

  1. Modification Rights: DlightWay reserves the right, at its sole discretion, to modify or replace, either in part or in full, any of these User Terms.

  2. Changes to Platform: DlightWay may also change, suspend, block, discontinue, or restrict your access to all or any features of the Service or Application at any time.

  3. Notice of Changes: DlightWay is not obligated to notify you of any changes made to these User Terms. The revised User Terms will be accessible on the platform.

  4. User Responsibility: It is your responsibility to periodically check these User Terms for any changes.

  5. Consent to Updated Terms: DlightWay may require your consent to the updated User Terms in a specified manner before further use of the platform and services. If no separate consent is sought, your continued use of the platform, following changes to the User Terms, will constitute your acceptance of those changes.

15. Application License Terms:

  1. License Grant: By adhering to these User Terms, DlightWay grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license.

  2. License Usage: This license allows you to download and install a copy of the Application on a single mobile device that you own or control.

  3. Permitted Actions: You are permitted to run the Application solely for your personal use and to access the DlightWay platform.

  4. Prohibited Actions: You agree not to engage in prohibited actions such as commercially exploiting the Service or Site or modifying the Service or Application.

  5. Investigation and Prosecution: DlightWay reserves the right to investigate and prosecute violations, involving law enforcement authorities if necessary.

16. Force Majeure:

In the occurrence of a Force Majeure Event, defined as any event beyond the reasonable control of DlightWay, including but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, prolonged shortage of energy supplies, pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes, acts of state, and governmental, legal, or regulatory actions preventing or hindering DlightWay Entities from fulfilling their respective obligations under the contract, DlightWay will not be held liable for any delays or inability to fulfill commitments. During such periods, the fulfillment of our stated obligations may be deferred until the situation improves.

17. Contact Information:

If you have any questions or concerns about these User Terms or the Services, you may contact us at:

Email: dlightwayindia@gmail.com

18. Acceptance of Terms:

By using the DlightWay Services or accessing the DlightWay website(s), you signify your acceptance of these terms and conditions.