TERMS & CONDITIONS

Welcome to OnDrive, a website owned by M/s. Mighty Gleaming Lda (the “Owner”) We ask that you please read the following terms and conditions. By using our Website or any of our services, you pledge that you have read, understood, and agreed to be bound by the Terms and Conditions listed below.

We provide services to you subject to the following Terms of Use, which may be updated from time to time without any prior intimation to you.

Please note that the Terms of Use constitute a legally binding agreement between M/s. Mighty Gleaming Lda (the “Owner”) and you, governing the use of this OnDrive website. By using or visiting the website, you signify your assent to both these Terms of Use.

You are authorized to use this Website only if you agree to abide by all applicable laws and to all of the following Terms of Use. Please read these Terms of Use carefully. If you do not agree to any of the Terms of Use, please do not use the website.

Please note that in these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. The term "Service Providers" mean independent third party service providers, and "we", "us", "our" and “ website” shall mean M/s. Mighty Gleaming Lda , its franchisor, affiliates and partners.

By using the OnDrive website and app, you acknowledge and signify that you have read, understood, and agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to access or use the App. You may not use the services if you do not accept the terms or are unable to be bound by the terms.

Scope of these terms

These Terms of Use only apply to your activities when using the App or its contents. The following General Terms of Use apply to all services rendered between OnDrive website and app and the Users of this app/site whether as a consignor, consignee, lorry/ truck (Vehicle) owner or in any other capacity. M/s. Mighty Gleaming Lda through this app provides a platform that enables consignors, consignees and vehicle owners, transport contractors and agents to meet, approach, compare, place orders or enter into contracts or transactions to make easy and seamless transportation, conveyance or movement goods from one place to another. Deviations from these conditions are only binding if confirmed in writing and these General Terms of Use will apply to all additional services or revised services.

User’s Obligation

The users agree not to:

1. Use the services to obtain unauthorized access to the services, systems, network, or data.
2. Violate any applicable laws or regulations.
3. Make available any content that you do not have the right to make available or that infringes any patent, trademark, copyright, or other proprietary rights of any person or entity.
4. Make available viruses or any other computer code, files, programs, or content designed to interrupt, destroy, or limit the functionality of the services and affect other users.
5. Interfere with or disrupt the services or servers, systems, or networks connected to the services in any way.

Communication

By visiting this Website you consent to electronic forms of communication. Our communications with you may be through writing, phone calls, e-mail, or posting notice to the Website. You consent to acceptance of all agreements, notices, disclosures, and other forms of communication whether they are made electronically or otherwise.

When you use our platform, please note that our platform may contain links to other third-party websites. OUR PRIVACY NOTICE DOES NOT APPLY TO INFORMATION THAT YOU PROVIDE TO, OR THAT IS COLLECTED BY, ANY THIRD-PARTY THROUGH OUR WEBSITE AND / OR APP, AND ANY THIRD-PARTY WEBSITES THAT YOU ACCESS OR USE IN CONNECTION WITH THE SERVICES OFFERED THROUGH OUR WEBSITE AND / OR APP. THE COMPANY SHALL NOT BE LIABLE FOR AND HAS NO CONTROL OVER THE PRACTICES AND CONTENT OF ANY SUCH THIRD-PARTY WEBSITES.

This notice is incorporated into and subject to our Privacy Policy and Terms & Conditions (“User Terms”). It shall be read harmoniously and in conjunction with the Privacy Policy and User Terms.

All capitalized items not defined in this notice shall bear the same meaning, along with its cognate expressions and grammatical variations, as given in the Privacy Policy.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and adhere to these terms and conditions, you are granted a non-exclusive, non-transferable, limited right and license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Except as expressly allowed and set forth herein, you may not use, display, reproduce, distribute, modify, transmit any portion of our Site, Services and content, or create derivative works of any portion thereof without our express written consent. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Trademarks & Copyright Notice

The trademarks, logos and service marks displayed on the Site are the property of M/s. Mighty Gleaming Lda or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of M/s. Mighty Gleaming Lda, Copyright © 2025 M/s. Mighty Gleaming Lda. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Confidentiality

The OnDrive app shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of this app or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended.

The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.

Limitation of Liability and Warranties

The OnDrive app:

1. Shall not take responsibility or liability for the pricing and payment terms of the contract entered between the vehicle owner and consignor/consignee, transport contractors, and agents using this app as a platform.
2. Shall not take responsibility or liability for any dispute arising between the consignor or consignee or vehicle owner (or lorry provider) or driver regarding quantity, quality, packing, assembling, etc., of goods conveyed with the help of this application.
3. Shall be harmless from any and all claims, losses, damages, and liabilities, costs, and expenses, including without limitation legal fees and expenses, arising out of or related to the use or misuse of the services or of the app, any violation by the user of these Terms of Use, or any breach of the representations, warranties, and covenants made herein.
4. Shall not be liable for any late pickup, late delivery, early arrival, early delivery, any waiting charges, and also if the user procures the freight without pickup service and/or delivery service, they themselves are responsible for delivering the shipment to the designated drop-off and/or pickup point.
5. Shall not be responsible for goods or services or the terms on which services may be procured or availed using this application as a platform. If the user chooses to procure or avail such goods or services, the user should carefully evaluate them and the terms upon which they are availing them.
6. Shall not be responsible for any natural loss, damage, deterioration of goods involved, including on account of pilferage, theft, accident, natural calamity, or any other similar cause.
7. Shall not be liable for any conduct of the drivers of the vehicles. Users may notify complaints against the driver of any vehicle that they may have hired using this platform.
8. Shall not be liable for the performance of service as earlier agreed by user parties.
9. Shall penalize the load owner by charging a cancellation fee if he/she refuses to load the shipment when the lorry owner reaches the destination as specified by the load owner, when the load owner had actually booked for the service and had paid the advance to M/s. Mighty Gleaming Lda.
10. May ask users for feedback on listed vehicle users from whom they would have availed services.
11. Shall withhold the user’s money in case the user is engaged in any fraudulent or malicious behavior on the platform.
12. The user of the app acknowledges and agrees that they shall be liable for checking the contents, packing, sealing, addressing, labeling, and handling of the goods, carriage, shipping instruction, or waybill.

Indemnity and limitation of liability

In case any loss or damage occurs to us due to your failure to provide us the correct information, or due to your engagement in any such activity on our platform, which may be in violation of the applicable law in India, you shall indemnify us from such damage or loss.

You shall be bound by the Terms of Use, and shall be liable to indemnify us wholly, if you breach any provision of the Terms of Use.

You agree that we shall not be liable for any illegal or offensive conduct of any third party on our platform. Further, we shall not be liable for any delay or inaccuracy in information provided by any third party on our platform.

Any dealing between you and the third-party, on or through our platform, including the delivery of product or service, payment, conditions etc., shall be between you and the third-party only. We shall not be liable for any damage or loss pertaining to such dealings.

Governing Laws

Portugal is our country of domicile, therefore any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Portugal.

General law and Jurisdiction

Except as otherwise set forth in these Terms, these Terms shall be governed by Portugese laws and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law reserved to trademark holder and its licensors.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed by M/s. Mighty Gleaming LdaThe place of both mediation and arbitration shall be Portugal. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Amendment to the Terms of Use

We may amend or alter the Terms of Use from time to time. Any changes to this Terms of Use shall become effective upon posting of the revised Terms of Use on the platform, and no communication of such alteration, amendment or update shall be made to you. It is recommended that you regularly check this Terms of Use to apprise yourself of any updates.

Minors

Minors under the age of 18 are prohibited to register as a User of this website and are not allowed to transact or use the website.

Payment

Users of the M/s. Mighty Gleaming Lda website/app may be given the option to pay with credit cards for services provided by our service partners. In those circumstances, the user won't be billed until our service partner has attested to the delivery of the service—either orally or through the use of the Company's systems. Before processing a payment, the Company will not ask the user to confirm that the service has been provided.

Payment Confirmation

The payment confirmation will be sent to the email address provided by the website user during the order process, or it will be sent as a notification within the app. As soon as is reasonably practicable after the payment has been processed, the Company will send the confirmation.

Refunds

In the rare circumstance that the company charges a user based on our service partner's delivery confirmation and it later becomes apparent that the service was not provided, the company will repay the customer in full and request payment from the service provider. It is the duty of the mobile app user to make sure that they email info@mightygleaming.comto bring such incidents to the company's notice. Users of the website are responsible for making sure that, within 24 hours of an incident, they notify the company by emailing info@mightygleaming.com if they believe that a service partner of the company provided poor service or damaged their property.

The business will make an effort to resolve disputes between customers and service providers. The Company performs this on a "best effort" basis and makes no guarantees whatsoever about the payment of compensation or refunds for the services provided. A user of the Website/app may get a full or partial refund from the Company in its sole discretion. Refunds will be carried out within 5 to 10 days, depending on when the credit card is sent back, and will be applied to the original payment method.

Cancellations And No Shows

If you notify the company of your cancellation at least 24 hours before the scheduled service delivery date, you will receive a full refund. The Company fails to refund your payment if you cancel less than 24 hours before the planned service delivery but before the scheduled service delivery. Refunds will not be given if the user cancels after the planned service delivery date or if the user "no shows" when the service is due to be delivered.

Miscellaneous

The Terms of Use shall not create any partnership or agency between you and us.

Each obligation is separate from the other obligations of this Terms of Use. If one or more of the obligations contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining obligations.

Time is of utmost importance for all the matters relating to the Terms of Use.
The time when you access the platform, the Terms of Use shall stand duly executed between you and us.

For any further enquiries, call us at at 00351937080333 for Customer support or write to us at info@mightygleaming.com.