Terms & Conditions (“T&C”)
USING TRANSPORTEZI APP INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By accepting the same, You agree to the Terms of Use and Transportezi’s Privacy Policy as amended from time to time.
This Terms & Conditions forms an electronic record in terms of Information Technology Act, 2000 and amendments thereof. The same is generated by a computer system and does not require any physical or digital signature.
By accepting these Terms & Conditions, You (“User”) agree and acknowledge that you have read the T&C’s set forth herein below and the Privacy Policy of the Company. In case you do not agree to the same, you may not use the Services and/or may immediately terminate the usage of Transportezi App.
This terms and conditions form a legally enforceable binding contract ("Agreement") between You and We Care Logistics Solutions. (“Transportezi/Company”), having its registered office at 103,Om Chamber New LohaMandiIndore,Madhya Pradesh - 402010, India.
Transportezi may amend the terms and conditions and privacy policy at any time by posting an updated version of the T&C’ on the Transportezi App and Privacy Policy. The updated version of the T&C’s and Privacy Policy shall take effect immediately upon such posting. It is Your responsibility to review the updated T&C’s for any updates / changes to the same. Your continued use of Transportezi App following the posting of changes/modifications will mean that You accept and agree to the same. As long as You comply with the T&C’s, we grant You a personal, non-exclusive, non-transferable, limited, revocable right to enter, use, register and avail the Services offered by Transportezi on the Transportezi App.
This Agreement shall remain valid until the same is terminated by either of the parties as envisaged hereunder.
Terms of Service
Transportezi offers array of services (detailed herein below) through its mobile application Namely ‘TRANSPORTEZI’ (“TRANSPORTEZI APP”) via the Internet.
Who can Avail:
How to Avail:
Affirmative Consents by User:
Miscellaneous:
System suspension which has been announced by Transportezi in advance through any mode of communication;
Failure in data transmission due to breakdown in the telecommunications equipment and systems;
Failure in system operations due to breakdown resulting from typhoon, earthquake, tsunami, flood, electricity blackout, war, terrorist attack, and other force majeure events which are beyond our reasonable control; or
The Services are interrupted or delayed due to hacking, authority, website upgrade, banks, and other reasons.
Limitation of Liability:
IN NO EVENT SHALL TRANSPORTEZI OR ITS AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERM OF USE. TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER REASON) WHATSOEVER WILL AT ALL TIMES BE LIMITED TO INR ONE HUNDRED (INR 100).
Services/Products Offered:
Miscellaneous:
Terms and Conditions:
You may refer anyone to use TransporteziTRANSPORTEZI App. If the referee signs up on TransporteziTRANSPORTEZI app with your unique, case sensitive, TransporteziTRANSPORTEZI referral code (see Refer & Earn Section on your app for your unique code) and successfully completes first addition of Rs 5000 or more on to TRANSPORTEZI, you are eligible for TransporteziTRANSPORTEZI Referral Rewards.
MARKETPLACE SERVICES – LOADBOARD
This Terms of Use of Service Agreement governs the access or use by you (“Carrier”), of applications, websites, content, products, and services (the “Services”) made available by We Care Logistics Solutions on the mobile application of the platform (collectively, the "Platform").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
YOUR ACCESS AND USE OF THE SERVICES ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND WE CARE LOGISTICS SOLUTIONS AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND AGREE TO CONFORM TO ANY APPLICABLE POSTED GUIDELINES FOR SUCH SERVICE, WHICH MAY CHANGE OR BE UPDATED FROM TIME TO TIME AT WE CARE LOGISTICS SOLUTIONS’S SOLE DISCRETION WHICH YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS, ANY GUIDELINE, OR ANY SUBSEQUENT CHANGES THERETO OR BECOME UNHAPPY WITH WE CARE LOGISTICS SOLUTIONS OR THE SERVICE IN ANY WAY, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SERVICES. THESE TERMS MAY BE UPDATED BY WE CARE LOGISTICS SOLUTIONS AT ANY TIME AT ITS SOLE DISCRETION. WE CARE LOGISTICS SOLUTIONS MAY SEND YOU NOTICES OF CHANGES TO THE PLATFORM OR THE TERMS.
LOADBOARD IS AN ONLINE CLASSIFIEDS PLATFORM, IT ACT AS A VENUE TO ALLOW OUR USERS WHO COMPLY WITH THESE TERMS TO POST THEIR TRANSPORT REQUIREMENTS ON THE PLATFORM. WE CARE LOGISTICS SOLUTIONS IS NOT A CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE TAKEN TO IMPLY WE CARE LOGISTICS SOLUTIONS IS A CARRIER, OR THAT WE CARE LOGISTICS SOLUTIONS IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A CARRIER. WE CARE LOGISTICS SOLUTIONS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR CARRIER SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES. AS A RESULT, AND AS DISCUSSED IN DETAIL IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE CARE LOGISTICS SOLUTIONS IS NOT A PARTY TO SUCH TRANSACTIONS, HAS NO CONTROL OVER ANY ELEMENT OF SUCH TRANSACTIONS, AND SHALL HAVE NO LIABILITY TO ANY PARTY IN CONNECTION WITH SUCH TRANSACTIONS. YOU USE THE SERVICE AND THE PLATFORM AT YOUR OWN RISK.
Our privacy policy details how we collect, use and disclose your information.
1.2The Carriers can utilise the Services to post availability of trucks which would further assist and enable this facilitation process detailed in 1.1 above.
1.3 We Care Logistics Solutions does not evaluate the appropriateness, legality, regulatory compliance, quality or the ability of any Shipper or shipped items booked through the We Care Logistics Solutions platform. We Care Logistics Solutions makes no warranty regarding the same.
1.4 Shipments entered and acceptable to We Care Logistics Solutions’s policies (as updated from time to time) are listed and allocated to potential Carriers based on We Care Logistics Solutions’s internal proprietary algorithm. Postings may be cancelled at any time by the Shippers prior to Carrier acceptance and We Care Logistics Solutions shall not be responsible for any loss occurred to You on account of such cancellations. Any non-binding bid offer made by the Carrier shall be notified to the Shippers forthwith. However, We Care Logistics Solutions does not guarantee that the Carrier’s attempt to accept the shipment will be successful as it is subject purely to the discretion of the Shippers.
1.5 You shall not name We Care Logistics Solutions as either a shipper or consignee on shipment documentation. We Care Logistics Solutions is not responsible for any Shipment terms entered into between You and a Shipper.
1.6 Transport fees if quoted by the Shippers and stated on We Care Logistics Solutions’s platform and agreed to by your acceptance of Shipments is expected to include the following: transportation of the cargo from origin to destination, all fuel costs, tolls, or other expenses related to the operation or maintenance of your equipment; and any other specialized services or equipment contemplated in the load tender including, but not limited to loading and unloading, etc. However, this fee is only indicative and shall in no way be construed as a binding offer of Contract. It is hereby clarified that the Platform merely works as a facilitation mechanism between the two parties and the Contract of transportation of cargo, if any, shall finally be entered into outside the Platform between such parties.
1.7 We Care Logistics Solutions via the Platform may provide direction, mapping and related services. However, such routing information is not instructional or mandatory and the carrier is advised to use their own routing expertise and services.
1.8 As part of the registration process, you will identify an administrative username and password for your We Care Logistics Solutions account. We Care Logistics Solutions reserves the right to refuse registration of or cancel passwords it deems inappropriate.
3.2 Carrier enters into this agreement as and shall continue to be, an independent contractor. All Services shall be performed only by carrier and carrier’s employees. Under no circumstances shall Carrier, or any of Carrier’s employees, look to We Care Logistics Solutions as his/her employer, or as a partner, agent or principal. Neither carrier nor any of carrier’s employees shall be entitled to any benefits accorded to We Care Logistics Solutions’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. The carrier shall be responsible for providing, at carrier’s expense, and in carrier’s name, unemployment, disability, worker’s compensation and other insurance, as well as licenses and permits usual or necessary for conducting the Services.
3.3 You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by We Care Logistics Solutions or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to you for use on your premises or devices, We Care Logistics Solutions hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
3.4 You represent, covenant and warrant that you will use the Services only in compliance with We Care Logistics Solutions’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. You hereby agree to indemnify and hold harmless We Care Logistics Solutions against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although We Care Logistics Solutions has no obligation to monitor your use of the Services, We Care Logistics Solutions may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.5 You acknowledge and agree that We Care Logistics Solutions in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist your account, or otherwise terminate your access to or use of the Platform (or any part thereof), immediately and without notice, for any reason or no reason at all, including but not limited to, if We Care Logistics Solutions believes that you have violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws. Further, you agree that We Care Logistics Solutions shall not be liable to you or any third-party for any termination of your access to the Platform and agree not to attempt to use the Platform after any such termination.
3.6 We Care Logistics Solutions shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
3.7 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, mobile phones, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
3.8 You further agree to voluntarily submit, the scanned copy of your Aadhaar card to We Care Logistics Solutions solely for the purpose of establishing your address proof only and further give your explicit consent for the usage of the same for onboarding on the Platform. You hereby agree that the purpose of collecting Aadhaar has been expressly and thoroughly explained to you in the local language. We Care Logistics Solutions further agrees and assures that your Aadhaar Card shall only be used for the aforementioned purpose and as per the guidelines prescribed under the relevant laws.
4.2 Notwithstanding clause 4.1, the Carrier shall:
4.2.1 Always remain the first carrier under this agreement and in relation to all Shipments; and
4.2.2 Not subcontract or otherwise delegate the performance of the Services to any third party that is set out on the Prohibited List.
5.2 Notwithstanding clause 5.1, the Carrier will obtain and maintain enhanced insurance policies in relation to a Shipment at the express request of We Care Logistics Solutions or the Shippers for the duration of that Shipment and failure to do so will be deemed to be a material breach of this agreement.
5.3 The Carrier shall, at any time and on We Care Logistics Solutions’s or Shippers request, produce the insurance certificate giving details of cover, a schedule of insurance and the receipt for the current year’s premium.
5.4 You hereby agree that you shall remain “first carrier” irrespective of whether you subcontract the Services to a third party or not.
5.5 YOU WILL NOT PROVIDE SERVICES UNDER THIS AGREEMENT AT ANY TIME THAT YOU ARE NOT IN COMPLIANCE WITH THESE OBLIGATIONS RELATED TO INSURANCE.
6.2 You shall own all right, title and interest in and to Your Data, as well as any data that is based on or derived from Your Data and provided to You as part of the Services. We Care Logistics Solutions shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
6.3 Notwithstanding anything to the contrary, We Care Logistics Solutions shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom), and We Care Logistics Solutions will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other We Care Logistics Solutions offerings, and (ii) disclose such data solely in aggregate or other de-identified forms in connection with its business. No rights or licenses are granted except as expressly set forth herein.
8.2 Geolocational data that you upload, make available, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.
9.2 Where this website contains hyperlinks to websites operated by third parties these linked websites are not under the control of We Care Logistics Solutions and We Care Logistics Solutions is not responsible for the contents of any linked website. We Care Logistics Solutions provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by We Care Logistics Solutions. You link to any such website entirely at your own risk.
11.2 Feedback and suggestion. If you provide We Care Logistics Solutions with any feedback, ideas or suggestions regarding the Services (“Feedback”), you hereby assign to We Care Logistics Solutions all rights in such Feedback and agree that We Care Logistics Solutions shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
12.2 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
12.3 We Care Logistics Solutions can terminate this agreement and block your use of the Platform at any point of time at its sole discretion.
We may use information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third- party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
17.2 In the event of any disputes arising between the Carrier and the Shipper out of or in connection with any transaction that has been undertaken through the use of the Platform, the Parties shall first attempt to resolve their disputes through an alternate dispute resolution mechanism.
If requested by either Party, in the interest of an amicable settlement, We Care Logistics Solutions reserves the right to choose the mode and mechanism of the dispute resolution process. Through the continued use of the Platform and/or Services provided by We Care Logistics Solutions, both the Carrier and the Shipper shall be deemed to have given their consent to enter into the dispute resolution process.
Further, if the Parties proceed to resolve their disputes through arbitration, the seat of arbitration shall be Bengaluru.
17.3 Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Platform. Any failure to act by We Care Logistics Solutions with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated the damages determined by We Care Logistics Solutions shall be final and binding
This Terms of Use of Service Agreement governs the access or use by you (“Shipper”), of applications, websites, content, products, and services (the “Services”) made available by We Care Logistics Solutions on the mobile application of the platform (collectively, the "Platform").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
YOUR ACCESS AND USE OF THE SERVICES ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND WE CARE LOGISTICS SOLUTIONS AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND AGREE TO CONFORM TO ANY APPLICABLE POSTED GUIDELINES FOR SUCH SERVICE, WHICH MAY CHANGE OR BE UPDATED FROM TIME TO TIME AT WE CARE LOGISTICS SOLUTIONS’S SOLE DISCRETION WHICH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS, ANY GUIDELINE, OR ANY SUBSEQUENT CHANGES THERETO OR BECOME UNHAPPY WITH WE CARE LOGISTICS SOLUTIONS OR THE SERVICE IN ANY WAY, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SERVICES. THESE TERMS MAY BE UPDATED BY WE CARE LOGISTICS SOLUTIONS AT ANY TIME AT ITS SOLE DISCRETION. WE CARE LOGISTICS SOLUTIONS MAY SEND YOU NOTICES OF CHANGES TO THE PLATFORM OR THE TERMS.
LOADBOARD IS AN ONLINE CLASSIFIEDS PLATFORM, IT ACTS AS A VENUE TO ALLOW OUR USERS WHO COMPLY WITH THESE TERMS TO POST THEIR SHIPMENT REQUIREMENTS ON THE PLATFORM. WE CARE LOGISTICS SOLUTIONS IS NOT A CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE TAKEN TO IMPLY WE CARE LOGISTICS SOLUTIONS IS A CARRIER, OR THAT WE CARE LOGISTICS SOLUTIONS IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A CARRIER. WE CARE LOGISTICS SOLUTIONS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR CARRIER SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES. AS A RESULT, AND AS DISCUSSED IN DETAIL IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE CARE LOGISTICS SOLUTIONS IS NOT A PARTY TO SUCH TRANSACTIONS, HAS NO CONTROL OVER ANY ELEMENT OF SUCH TRANSACTIONS, AND SHALL HAVE NO LIABILITY TO ANY PARTY IN CONNECTION WITH SUCH TRANSACTIONS. YOU USE THE SERVICE AND THE PLATFORM AT YOUR OWN RISK.
Our privacy policy details how we collect, use and disclose your information.
1.2 We Care Logistics Solutions does not evaluate the appropriateness, legality, regulatory compliance, quality or the ability of any Shipper and/or Carrier or shipped items booked through the We Care Logistics Solutions platform. We Care Logistics Solutions makes no warranty regarding the same.
1.3 We Care Logistics Solutions is not responsible for any Shipment terms entered into between you and any Carrier. Once We Care Logistics Solutions accepts a transport request for posting, the same shall be posted on the Platform. You may cancel a request at any time prior to a Carrier accepting it, however We Care Logistics Solutions shall not be liable for any losses occurring to either party on account of such cancelations. A Carrier may view a list of the requests available to it at any time and express their interest in the same through various channels/modes available to them on the Platform. Upon a Carrier’s expression of interest in the said shipment, We Care Logistics Solutions shall notify you. Such notification is just an intimation of request and in no case shall be construed as a final and binding agreement. We Care Logistics Solutions does not guarantee that an accepted request will eventually be fulfilled by any Carrier. You further agree that you shall not post request for shipments of any items the sale of which is prohibited, restricted or regulated by applicable law. You hereby agree to indemnify and hold harmless We Care Logistics Solutions against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although We Care Logistics Solutions has no obligation to monitor your use of the Services, We Care Logistics Solutions may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
1.4 As part of the registration process, you will identify an administrative username and password for your We Care Logistics Solutions account. We Care Logistics Solutions reserves the right to refuse registration of or cancel passwords it deems inappropriate.
2.2 You acknowledge and agree that you are solely responsible for all User Content that you make available through We Care Logistics Solutions. Accordingly, you represent and warrant that your User Content does not violate any provision of this agreement. You represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the We Care Logistics Solutions or you have all rights, licenses, consents and releases that are necessary to grant to We Care Logistics Solutions the rights in such User Content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by We Care Logistics Solutions. You acknowledge and agree that We Care Logistics Solutions is not responsible for any loss or damage resulting from anyone’s use or reliance on User Content and We Care Logistics Solutions makes no guarantees regarding the accuracy, completeness, suitability, or quality of any User Content, and assumes no responsibility for any User Content.
3.2 You represent, covenant, and warrant that you will use the Services only in compliance with We Care Logistics Solutions’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. You hereby agree to indemnify and hold harmless We Care Logistics Solutions against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although We Care Logistics Solutions has no obligation to monitor your use of the Services, We Care Logistics Solutions may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.3 You acknowledge and agree that We Care Logistics Solutions in its sole and absolute discretion has the right (but not the obligation) to delete/deactivate/block/blacklist your account, or otherwise terminate your access to or use of the Platform (or any part thereof), immediately and without notice, for any reason or no reason at all, including but not limited to, if We Care Logistics Solutions believes that you have violated these Terms and Conditions or attempted to do any fraud or misrepresentation or any such activities that are in breach of the applicable laws. Further, you agree that We Care Logistics Solutions shall not be liable to you or any third-party for any termination of your access to the Platform and agree not to attempt to use the Platform after any such termination.
3.4 We Care Logistics Solutions shall not be held liable for any losses arising out of the transactions with the 'Blacklisted User'/ 'Blocked User'.
3.5 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
3.6 You further agree to voluntarily submit, the scanned copy of your Aadhaar card to We Care Logistics Solutions solely for the purpose of establishing your address proof only and further give your explicit consent for the usage of the same for onboarding on the Platform. You hereby agree that the purpose of collecting Aadhaar has been expressly and thoroughly explained to you in the local language. We Care Logistics Solutions further agrees and assures that your Aadhaar Card shall only be used for the aforementioned purpose and as per the guidelines prescribed under the relevant laws.
4.2 You shall own all right, title and interest in and to Your Data, as well as any data that is based on or derived from Your Data and provided to You as part of the Services. We Care Logistics Solutions shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
4.3 Notwithstanding anything to the contrary, We Care Logistics Solutions shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Your Data and data derived therefrom), and We Care Logistics Solutions will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other We Care Logistics Solutions offerings, and (ii) disclose such data solely in aggregate or other de-identified forms in connection with its business. No rights or licenses are granted except as expressly set forth herein.
4.4 All trademarks, service marks, logos, trade names and any other proprietary designations of We Care Logistics Solutions used herein are trademarks or registered trademarks of We Care Logistics Solutions. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
5.1 During the term of this agreement You shall maintain in force such insurances and relevant thresholds stipulated under the applicable laws, with a reputable insurance company.
5.2 Notwithstanding clause 5.1, You will obtain and maintain enhanced insurance policies in relation to a Shipment at the express request of We Care Logistics Solutions or the Carrier for the duration of that Shipment and failure to do so will be deemed to be a material breach of this agreement.
5.3 You shall at any time and on We Care Logistics Solutions’s request, produce the insurance certificate giving details of cover, a schedule of insurance and the receipt for the current year’s premium.
7.2 Geolocational data that you upload, make available, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.
8.2 Where this mobile application contains hyperlinks to websites operated by third parties these linked websites are not under the control of We Care Logistics Solutions and We Care Logistics Solutions is not responsible for the contents of any linked website. We Care Logistics Solutions provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by We Care Logistics Solutions. You link to any such website entirely at your own risk.
10.2 Feedback and suggestion. If you provide We Care Logistics Solutions with any feedback, ideas or suggestions regarding the Services (“Feedback”), you hereby assign to We Care Logistics Solutions all rights in such Feedback and agree that We Care Logistics Solutions shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
11.2 In addition to any other remedies it may have, We Care Logistics Solutions may forthwith terminate this Agreement if You materially breach any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
IN EACH CASE, WHETHER OR NOT WE CARE LOGISTICS SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We may use information provided by you to: (i) enforce our Terms of Use, monitor user activity, such as keyword searches or new postings, and more effectively manage traffic on the Platform; (ii) provide customer services, create and manage user accounts; and (iii) assist you with technical difficulties. Also, we may share with third- party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you. We may retain such information for as long as is required to fulfil our business objective, even after your account is terminated.
This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind We Care Logistics Solutions in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of India and the courts at Bengaluru shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.
Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Platform. Any failure to act by We Care Logistics Solutions with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated the damages determined by We Care Logistics Solutions shall be final and binding.
15.2 In the event of any disputes arising between the Carrier and the Shipper out of or in connection with any transaction that has been undertaken through the use of the Platform, the Parties shall first attempt to resolve their disputes through an alternate dispute resolution mechanism.
If requested by either Party, in the interest of an amicable settlement, We Care Logistics Solutions reserves the right to choose the mode and mechanism of the dispute resolution process. Through the continued use of the Platform and/or Services provided by We Care Logistics Solutions, both the Carrier and the Shipper shall be deemed to have given their consent to enter into the dispute resolution process.
Further, if the Parties proceed to resolve their disputes through arbitration, the seat of arbitration shall be Bengaluru.
FASTag Distribution Services
FASTags distributed by Transportezi can be recharged via other third-party applications as well and such transactions are solely authorized by respective third-party applications on your request. We are not a party to such transactions initiated by you via third-party applications. Furthermore, we are under no obligation to monitor the third-party's service used by you; the third-party organization solely will be responsible for all obligations related to the transaction. Any dispute or complaint related to the third-party transaction must be directly resolved by the User with the organization. You further agree and acknowledge that Transportezi may levy convenience fee(s) or charge(s) against such transactions.
TRANSPORTEZI ORDER LEVEL AGREEMENT FOR TRANSPORTEZI LOADS
BY CLICKING ‘I ACCEPT’ BUTTON OR CHECK BOX PRESENT BELOW, YOU AGREE TO ACCEPT THIS ORDER ON THE SATISFACTION OF CHECKED SPECIFICATION, PARAMETERS, TERMS AND CONDITIONS. IF YOU FIND ANY OF THESE TERMS AND CONDITIONS/SERVICE OFFERINGS UNACCEPTABLE, DO NOT TENDER YOUR ACCEPTANCE TO ACCEPT THE ORDER. YOUR ACCEPTANCE TO THESE TERMS AND CONDITIONS SHALL OPERATE AS LEGALLY ENFORCEABLE BINDING CONTRACT BETWEEN YOU AND TRANSPORTEZI.
This TRANSPORTEZI Order Level Agreement (this “Agreement”) contains the terms and conditions that govern your vehicle supply orders and is an agreement between We Care Logistics Solutions (“TRANSPORTEZI,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your” or “TRANSPORTER”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms (the “Effective Date”). This Agreement is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time. This Agreement is an electronic record generated by computer system and does not require any physical signature.
You represent and warrant to us that you are competent and possess legal capacity to enter into this Agreement (i.e. you have attained at least 18 years of age, you have capacity to enter into this agreement as per contract act). If you are entering into this Agreement for an entity, such as the company/partnership/proprietorship you work for, you represent to us that you have legal authority to bind that entity.
You have visited the web portal/Mobile Application of TRANSPORTEZI and has registered yourself as a transporter/fleet operator/truck owner.
TRANSPORTEZI shall place its requirement for transportation of goods in the form as mentioned under SCHEDULE – I (Order Details, Place of Pick-Up Delivery, Weight, etc. as to be detailed under LR) attached herewith.
You having satisfied with the expertise and specification of commitment expected to deliver, shall accept the order for transportation as detailed under SCHEDULE – I with such commitment and specific requirements as detailed under SCHEDULE – II (all compliance requirements as detailed by the customer to be captured here, including penalty, damages, special measure to be taken if carrying hazardous goods, etc.) annexed to this Agreement and for such consideration as detailed in SCHEDULE - I.
This Order Level Agreement shall be read in parcel with TRANSPORTEZI WEBSITE/MOBILE APPLICATION USAGE AGREEMENT.
SERVICES TO BE PROVIDED BY THE TRANSPORTER AND ITS COVENANTS
The TRANSPORTER agrees to provide Transportation and such allied Services to TRANSPORTEZI as detailed under SCHEDULE – I annexed to this agreement.
The TRANSPORTER shall pick/collect the goods/consignment from the location/place mentioned in the Order/SCHEDULE – I and deliver the same to the Consignee’s Address mentioned in the Goods Forwarding Note/LR (“Door-to-Door”).
The TRANSPORTER undertakes and warrants that the vehicle deployed for the services of TRANSPORTEZI is/are of good order, in good running condition and shall be fully compliant with Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989, Traffic Rules as amended from time to time and such notices and circulars issued by Ministry of Road Transport & Highways or Road Transport Department of any State Government or by National Highway Authority of India from time to time.
The TRANSPORTER undertakes and warrants that the vehicle deployed for the services of TRANSPORTEZI shall have valid permits for such routes, documents, Registration Certificate, Comprehensive and Third-Party Insurance for the vehicle deployed. In case, at any point in time it is found that the same is incorrect/fake/not valid, then TRANSPORTEZI at its discretion can initiate appropriate proceedings or criminal action for such breach, including levying any penalty or deducting such amount to the tune of Rs. 10,000/- from the freight or to recover the entire loss if any incurred by TRANSPORTEZI due to such non-compliance.
The TRANSPORTER shall take utmost care of the Goods in its custody and shall be liable for any damage/pilferage/loss/tampering/accident arising due to its negligence/rash driving/callousness.
The TRANSPORTER undertakes and warrants that the Goods shall not be unloaded at any place other than the Consignee’s location or as directed by TRANSPORTEZI. In case the goods is unloaded at any place without the consent of TRANSPORTEZI, then TRANSPORTEZI shall not be liable/responsible for any such cost/liability which is incurred by the TRANSPORTER as a cost of loading/unloading or ware house rentals. In any such event, TRANSPORTEZI without prejudice to its legal rights available, shall be entitled to take possession of goods without any interference from the TRANSPORTER. The TRANSPORTER waives his rights of any freight charges payable to him in any such illegal/unauthorised cases.
The TRANSPORTER understands and undertakes that he shall not have/claim lein/legal right on any goods or consignment of TRANSPORTEZI or its customer and he shall have expressly waived his rights if any to that effect or to claim any consignment under lein for whatsoever reason.
The TRANSPORTER understands that he shall be jointly and severally liable for any Acts or Violations (including civil/ criminal acts) of its Employees/Drivers/Cleaners/Agents acting on its behalf.
The TRANSPORTER agrees and understands that he shall be solely responsible for any damage to his vehicle, driver/s, cleaner/s or to external parties arising due to whatsoever reason or any liability/obligations arising out of the same.
The TRANSPORTER shall follow the transit route as prescribed in the Order/SCHEDULE – I and shall not deviate the route without prior permission from TRANSPORTEZI. In any situation warranting such deviation due to various reasons viz. blockage of road/strike/direction by Civil Authorities, the TRANSPORTER shall duly keep informed TRANSPORTEZI regarding the same. In case of any such unauthorised deviation, TRANSPORTEZI shall be entitled to levy penalty at the Rate of Rs. 5000/- per instance.
The TRANSPORTER shall keep TRANSPORTEZI informed on daily/bi-daily basis as the case may be on the progress of travel by calling its dedicated line . The TRANSPORTER shall at all times respond to the telephone calls of the executives of TRANSPORTEZI and update the status of route progress/hindrance/delay if any. In case the TRANSPORTER does not respond to calls of TRANSPORTEZI in a timely manner, then TRANSPORTEZI shall be entitled to levy penalty at the Rate of Rs. 5000/- per instance.
The TRANSPORTER shall not tranship the consignment without prior intimation and approval of TRANSPORTEZI and until situation warrants. The TRANSPORTER understands and undertakes that he shall be solely liable for any loss/damage/pilferage caused in such Transhipment.
In case of any accident/seizure of vehicle by any civil authorities/public agencies, the TRANSPORTER shall immediately inform TRANSPORTEZI regarding the same on its dedicated line and shall take immediate steps to get the consignment/goods secured and take all steps necessary to release the goods in consultation of TRANSPORTEZI. TRANSPORTER understands that any failure to inform TRANSPORTEZI regarding the same within Twenty-Four hours from the time of incident without any justified reason, then it shall be the responsibility and liability of the TRANSPORTER to bear any such losses.
The TRANSPORTER in any such events shall render support to TRANSPORTEZI and shall be at spot.
This Agreement is personal to the TRANSPORTER. The TRANSPORTER shall not assign, novate, transfer, charge or otherwise deal with any or all of its rights and/or obligations under or pursuant to this Agreement, or sub-contract the performance of any of its obligations under or pursuant to this Agreement without the prior written consent of TRANSPORTEZI. Where the TRANSPORTER appoints sub-TRANSPORTERs or agents, it shall continue to be fully liable and accountable to TRANSPORTEZI and be liable for all acts, omissions and negligence of its sub-contractors and agents.
The TRANSPORTER shall ensure that all of its employees and management have appropriate experience, licenses, training, and certifications necessary to perform the services in a workman like manner and in full compliance with relevant Indian laws, governance and regulations.
The TRANSPORTER shall ensure that all its employees are properly equipped with personal protection device while performing the services and shall always secure personal safety based on their own experience and judgement, regardless of whether they are required to follow any instruction from the representatives of TRANSPORTEZI.
TRANSPORTER understands that time is of the essence in performance of the Service referred under this Agreement and the TRANSPORTER shall be duly bound by it.
RELATIONSHIP
The relationship between the TRANSPORTER and TRANSPORTEZI shall be on the basis of Principal-to-Principal basis and under the no circumstances, it shall be construed as Principal-Agent or Master-Servant or Partnership relationship.
The TRANSPORTER agrees and understands that it is an independent TRANSPORTER and it shall be responsible for its own labour relations/statutory compliance with its employees/contractors and any trade unions represented amongst its employees and it shall solely negotiate and be responsible for any disputes/liabilities arising from the personnel/their heirs/representatives involved in the process of rendering any services under this Agreement to TRANSPORTEZI. TRANSPORTEZI shall neither be responsible and liable for payment of any compensation or any employment benefits to any of such personnel’s nor there shall arise any relationship in the meaning of Principal Employer/Contract Employment.
The TRANSPORTER shall agree and understand that this Agreement a one-time service agreement and there shall be no continuity/guarantee of service.
The TRANSPORTER shall fully indemnify TRANSPORTEZI for any liability/claim accrued against TRANSPORTEZI by virtue of this Clause.
LEGAL COMPLIANCE
The TRANSPORTER represents and warrants that it is duly established and operating under Indian laws and regulations, has taken all necessary corporate action/full authority to authorize the execution of Service Contract and has full legal capacity to perform the Service Contract
The TRANSPORTER represents and warrants that all rules, regulations and ordinances and any and all applicable TRANSPORTEZI policies, including but not limited to transport, road safety, traffic, FSSAI and logistics statutes and regulations, especially those concerning:
Speed limits & truck bans (e.g. restrictions on main highways, City regulations)
Vehicle registration, fitness certificate, pollution certificate, driving license, insurance and all relevant statutory or/and operational compliance requirements that may be applicable during the tenure of contract
Maximum driving hours and rules for breaks
Roadworthy condition of the motor vehicles
Bracing and securing of goods
Maximum loading capacities
Dangerous goods regulations
Safety and environmental issues
Prohibition of common loading of dangerous goods
Business ethics
Trade secrets
Privacy and data protection policy
The TRANSPORTER shall at its own cost and risk, procure, maintain and repair any and all properties and equipment (including all accessories necessary to use or operate the equipment) required to perform the services.
If an applicable new rule or regulation is promulgated of which the TRANSPORTER becomes aware, the TRANSPORTER shall immediately inform TRANSPORTEZI in writing and comply with such rule or regulation.
The TRANSPORTER will comply with any and all of TRANSPORTEZI’S policies in relation to health, safety, premises security, IT security, confidentiality and all reasonable instructions as communicated/displayed on website from time to time.
The TRANSPORTER represents and warrants that he shall maintain only one account with TRANSPORTEZI and if there are any duplicate account which are found TRANSPORTEZI shall be liable to retain any amount in the duplicate account as TRANSPORTEZI deems fit.
PAYMENTS
If the Order accepted by the TRANSPORTER specifies that the Payment Type is ‘Consignor Pay’, then the TRANPORTER on reaching the pickup point with Vehicle/Truck, TRANSPORTEZI after validating/verifying the documents/truck details furnished and if matches the requirements in the Order, approves to pay the TRANSPORTER [.]% of the agreed Freight in Advance, the receipt of which money shall be duly acknowledged by the TRANSPORTER. The duly signed ‘RECEIPT OF PAYMENT’, shall form part of this Agreement and shall be marked as ANNEXURE – A1.
Balance Payment of [.]% shall be paid on satisfactory delivery of the Consignment at the location specified in the consignment note and on receipt of the POD. In case, there is delay or damage or shortfall or any breach of the terms envisaged under this Agreement, then TRANSPORTEZI shall be entitled to deduct/recover such money/ies from the Balance Amount Payable along with the penalty/ies/loss suffered by TRANSPORTEZI due to such act/s/violation/s if any by the TRANSPORTER. The same can also be recovered from the Advance to be payable in the next order that the TRANSPORTER places with TRANSPORTEZI.
The TRANSPORTER shall immediately at the time of accepting the order on the Web Portal of TRANSPORTEZI pay to TRANSPORTEZI, towards fees/charges/commission charged by TRANSPORTEZI for the services rendered to TRANSPORTER under this Agreement. The Commission shall be as per the polices of TRANSPORTEZI prescribed from time to time by TRANSPORTEZI.
TITLE, RISK OF LOSS, DAMAGES, REPORTING AND DOCUMENTATION
Title to the Goods shall remain with TRANSPORTEZI/TRANSPORTEZI’s Customer’s during the TRANSPORTATION and TRANSPORTER shall not have any right over the same except to have it to transport and deliver in the manner prescribed.
When the Goods are accepted by the TRANSPORTER, the Goods shall be deemed to have been handed over in good and saleable condition in accordance with documents accompanying the Goods, unless the TRANSPORTER brings any defects to the attention of TRANSPORTEZI/TRANSPORTEZI’s Customer’s by written notification without undue delay. The TRANSPORTER shall be liable for any loss or damage that occurs during transportation. If the TRANSPORTER cannot prove that the damage or loss has occurred before or after taking its possession, the damage or loss shall be deemed to have taken place during transportation. Any damage to the Goods shall be documented by the TRANSPORTER and notification made to TRANSPORTEZI/TRANSPORTEZI’s Customer in writing without undue delay. All transit damage will be recorded on the delivery receipt/POD/PLACE PROVIDED IN GFN/LR and will be the full responsibility of the TRANSPORTER
The Transporter shall be responsible to transport the materials to the consignee location if there is any issue with the truck or any other reason due to which the transporter has to tranship the materials he shall inform TRANSPORTEZI and tranship the materials at his own cost
Notwithstanding the above, the Goods shall continue to be transported by the TRANSPORTER to their destination only if Goods cannot continue to be transported without material risk of further damage, the TRANSPORTER shall hold the Goods in a secure place and shall immediately notify a person nominated by TRANSPORTEZI at dedicated number, who shall be consulted for further decision and approval.
TRANSPORTER shall issue ‘Certificate of Loss’ for any damage exceeding INR [.] and shall lodge FIR/Report in General Diary/C-Misc. at the jurisdictional police station for any loss of goods/accident/theft/hijack etc. and shall inform TRANSPORTEZI as detailed in Clause 5.3 of this Agreement. The TRANSPORTER shall assist TRANSPORTEZI in all such cases.
INDEMNITY
The TRANSPORTER shall be liable for any death or personal injury, loss or damage (including loss of use) to property caused by the TRANSPORTER, its employees, agents or representatives arising from or in connection with, or related to the TRANSPORTER’s performance of the services. Within its liability, the TRANSPORTER shall defend, keep harmless and fully indemnify TRANSPORTEZI, its Affiliates, successors and assigns and their officers, directors, employees, agents and representatives from and against any loss, third party claims, damage, liability, cost and expense (including reasonable attorneys fees, court costs, appraisal fee and translation fee etc.).
The TRANSPORTER shall be liable for any breach of this Agreement or any of its terms or any warranty given hereunder by the TRANSPORTER, its employees, agents or representatives. Within its liability the TRANSPORTER shall defend, keep harmless and fully indemnify TRANSPORTEZI, its affiliates, successors and assigns and their officers, directors, employees, agents and representatives from and against any loss, third party claims, damage, liability, cost and expense (including reasonable attorneys fees, court costs appraisal fee and translation fee etc.).
The TRANSPORTER agrees to indemnify TRANSPORTEZI, its Affiliates, successors and assigns and their officers, directors, employees, agents and representatives in full against:
All actions, costs, demands, claims, expenses or liability of whatever kind and nature including reasonable attorneys fees, court costs, appraisal fee and translation fee etc. arising, directly or indirectly, in connection with the employment of the Employees by the TRANSPORTER;
All actions, claims, demands, costs, charges, and expenses including, without limitation, reasonable attorney fees, court costs, appraisal fee and translation fee etc. arising from or incurred by reason of any infringement or alleged infringement of any patent, registered designs, design patent, copyright trademarks, or trade names owned by TRANSPORTEZI or its Subsidiaries or its Parent Company;
INSURANCE
The TRANSPORTER will, at its own costs, at all times insure and keep itself insured against all liabilities under this Agreement with a reputable and financially responsible insurance company.
TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
Nothing contained in this Agreement shall be construed as conferring on the TRANSPORTER any right to use in advertising, publication or otherwise, any Trademark or any derivative thereof.
Except as expressly set out in the Agreement, no usage or assignment of or license under any Intellectual Property Right is granted, conferred, assigned, or transferred by one party to the other.
DATA PROTECTION AND CONFIDENTIALITY
The TRANSPORTER warrants, that it will comply with all obligations under the applicable data protection laws and requirements under relevant Indian laws arising from, in connection with, or related to the Confidential Information and the services. The TRANSPORTER agrees to ensure that any person it employs, sub-contracts or otherwise requires to assist in the performance of the services treats as secret and confidential and not at any time for any reason to disclose or to permit to be disclosed to any person or otherwise make use of permit to be made use of any unpublished Confidential Information.
The Confidentiality obligations shall continue after the termination of the Service Contract and shall survive as long as the confidential nature of the information is maintained.
COMMENCEMENT AND DURATION
The Service Contract shall commence on the date of execution of this Agreement/Date of Acceptance of the Order and shall continue to be valid until delivery of the Consignment as prescribed in the Agreement/Order to the full satisfaction of TRANSPORTEZI.
FORCE MAJEURE
Neither Party shall be in breach of the Agreement if it fails to perform any of its duties and obligations under this Agreement by reason of Force Majeure.
Force Majeure, as used herein, shall mean any event, not within the control of the Party affected, which that Party is unable to prevent, avoid or remove, without fault or negligence, and shall include, but not limited to, the following: (i) war, whether declared or not, hostilities, invasion, armed conflict, act of foreign enemy, riot, insurrection, strike, revolution; (ii) acts of terrorism or sabotage; (iii) natural catastrophes including, but not limited to, earthquakes, floods and exceptionally inclement weather; and (iv) strikes, bandhs, harthals, political insurgencies.
If either Party is unable or incapacitated to perform its duties and obligations under this Agreement as a direct result of Force Majeure, that affected Party shall give written notice to the other Party of such inability or incapacity specifying the event claimed to be force majeure.
TERMINATION
Either Party may terminate this Order Level Agreement before picking the order by the TRANSPORTER.
NOTICES
Any notice or demand to be served under this Agreement shall be in writing in English and shall be served by personal service, express mail. The correspondence address/email address mentioned in the title of this Agreement or as registered in the Order/SCHEDULE – I of this agreement shall hold good for this purpose.
GOVERNING LAW, DISPUTE RESOLUTION & JURISDICTION
This Agreement shall be governed by the laws of India. Both the parties have agreed to submit all and any disputes arising out of this Agreement to the exclusive jurisdiction of Bengaluru Courts.
Any dispute between TRANSPORTEZI and the TRANSPORTER arising from, in connection, or related to the Service Contract or its performance, construction or interpretation, the Parties shall endeavour to resolve it by agreement through negotiations conducted in good faith.
ASSIGNMENT
TRANSPORTEZI is entitled to assign this Agreement in whole or in part to any of its Affiliates/Subsidiaries/Parent Company/Customer, without the TRANSPORTER’s consent.
WAIVER
By virtue of which both the parties expressly waives of affixing of physical signature and seal on the Agreement.
SCHEDULE – I
(Order Details, Place of Pick Up Delivery, Weight, etc. as to be detailed under LR, Price, etc.)
Truck Type
Type of Goods
Route
Pick Up Location
Delivery Location
Advance Payment
Consignee
Consignor
Payee
Weight
Freight
Tax
Declaration for received Advance Payment
SCHEDULE - II
(all compliance requirements as detailed by the customer to be captured here, including penalty, damages, special measure to be taken if carrying hazardous goods, etc.)
Stacking/Storing Specifications
Penalties for Delays
Penalties for Shortages
Goods carrying Specifications
I HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND I AGREE TO BE BOUND BY THE SAME.
I ACCEPT
I DENY