Loadbazzar | Terms & Conditions

TERMS AND CONDITIONS

USING LOADBAZZAR APP INDICATES AND IMPLIES 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 Loadbazzar’s Privacy Policy as amended from time to time.

These Terms & Conditions forms an electronic record in terms of Information Technology Act, 2000, and Rules made thereunder, as amended from time to time. 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 available at https://Loadbazzar.com/terms-and-conditions.php. In case you do not agree to the same, you may not use the Services and/or may immediately terminate the usage of Loadbazzar App.

These terms and conditions form a legally enforceable binding contract ("Agreement") between You and Atrikom Technologies Pvt. Ltd. (“Loadbazzar/Company”), having its registered office at 57/4 Shitalatala road, Barasat, 24 Parganas (North), West Bengal, India.

Loadbazzar reserves the right to add/ amend/ modify/ reframe/ substitute all or any of the Terms and Conditions and privacy policy without any prior indication. Loadbazzar may add/ amend/ modify/ reframe/ substitute all or any of the Terms and Conditions and privacy policy at any time by posting an updated version of the T&C’ on the Loadbazzar 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 Loadbazzar 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 or access to enter, use, register and avail the Services offered by Loadbazzar on the Loadbazzar App.

This Agreement shall remain valid until the same is terminated by either of the parties as envisaged hereunder.

Terms of Service

Loadbazzar offers an array of services (detailed herein below) through its web and mobile application Namely ‘Loadbazzar’ (“Loadbazzar APP”) via the Internet.

Who can Avail:

The User above eighteen years of age, who is competent to enter into Contract.

The User who owns at least one Truck, having valid Registration Certificate, Valid Pollution under Control Certificate, Fitness Certificate, All relevant Permits, Licenses, Insurance as prescribed under Motor Vehicles Act, 1988 and Rules made thereunder.

The User who is working as a transporter, having a valid business Registration Certificate.

The User who is working as a truck agent/broker having a valid business Registration Certificate.

The User has a valid & active Indian Mobile Number.

The User has a valid email address

The User has in his own name a Bank Account in any Nationalised/ Scheduled Bank.

The User has a Smartphone.

Note: Company/ corporation/ partnership firm/ association of persons etc cannot become user however their concerned Director/ Partner/ Executive, as the case may be, can represent such entity and these Terms and Conditions shall be binding on the said Director/ Partner/ Executive, as the case may be, as also on the concerned entity.

How to Avail:

The User who is working as a transporter, needs to register his/her business providing Name, Phone Number, Place of Business, Office/Residence Address, Registration Certificate of his / her business, Registration Certificate of Truck to be registered, Permanent Account Number, Document towards Address & ID Proof to Loadbazzar office manually.

As a registration process Loadbazzar will manually verify Transporter’s provided documents and once approved then send the access url to the user’s registered mobile number and email address along with User-id and Password.

The Transporter User’s acceptance to this Terms & Conditions and authenticity of the User will be validated once User will login to the access url Loadbazzar provided User-id and Password and accepts the Terms & Conditions, Loadbazzar App will be activated.

Once a Transporter User is registered then he/she can add any number of vehicles providing owner details and transport brokers/agents.

Transporter added vehicle owner and agent will receive the application access url to his or her provided mobile number and email.

Transporter is liable to verify Vehicle, vehicle owner and agent documents and sign up any separate contact or terms and conditions before adding them in his or her network.

The User has to click against the respective tab to avail the desired services provided on the Loadbazzar App to avail the same.

One person from the Transporter side will be given Admin access who can create multiple branches, add managers and assign managers to one or multiple branches.

Transporter admin and managers can add new vehicle owners, their vehicles and agents/brokers.

Transporter admin and managers can create a load request and post to his/her preferred vehicles and agents asking for their quotation.

Vehicle owners and agents can participate in the bidding process.

Transporter admin and managers can accept the quotation/rate and can confirm any particular quotation submitted by Vehicle owner/Agent.

This is upto Transporter how much information they will share with their Trucker.

The Company reserving the right of issue, may provide such services/products offered on the Loadbazzar App to the User.

Users may have to upload the KYC documents/details as and when sought for by any service provider/mandated by Government for availing such services from time to time.

Loadbazzar will communicate all necessary information to Transporters and Truckers sending SMS to their registered mobile number.

Note: Loadbazzar shall not be responsible or liable for any claims of non-receipt etc of any emails/ SMS’s or delayed delivery of such emails/ SMS’s caused due to poor internet connection or lack of proper mobile signals.

How to Use:

The Transporter can see bills on the Loadbazzar App, and may remit money to Atrikom Technologies Pvt Ltd against the bill in order to continue using their Loadbazzar App account. The bill will be generated based on the usage. Atrikom will impose a service charge on load posted if the Transporter receives any bid against the load.

Truckers can avail the service to send quotations against load requested redeem wallet points. Truckers have to buy wallet points from Loadbazzar.

Affirmative Consents by User:

In case, Company incurs any charges from Banks due to payments initiated by the User, the Company shall be entitled to deduct such charges from the Loadbazzar App account of User.

The User understands that the payment towards usage of services made to Company’s account shall not be deemed to be a deposit or loan on any account whatsoever and no interest shall be payable by the Company on any such monies.

The User understands that any unutilized monies shall be refunded by the Company subject to adjustment of any charges without any interest whatsoever upon termination of this Agreement.

The User hereby gives consent to the Company to collect and share the Personal Data/Information (Viz. PAN No., Bank Account Details, Credit Information, etc. voluntarily shared by the User to its Service Partners (Viz. IDFC Bank, Acko Insurance Company, Bharath Petroleum, Reliance Petroleum, Himark, Kredex, Northern Arc, Indifi, etc.), so as to enable the User to fetch appropriate service/products from time to time.

The User hereby gives consent to the Company to debit the User’s Loadbazzar App Account towards any outstanding dues, charges & service fee. Any debits from the Loadbazzar App Account of User towards outstanding dues if any shall be adjusted towards such outstanding to the Company or Company’s Service Provider as the case may be. Such money recovered from the User’s Loadbazzar App Account shall be paid by the Company to such Service Provider to whom the said money is outstanding.

The User understands that any incorrect data may amount to termination/suspension of Account/Loadbazzar App Services.

The User, upon downloading the Loadbazzar App, has to necessarily allow permission to Loadbazzar App to send an SMS from his smartphone, which allows the Company to send User an OTP which has to be used to verify his mobile number, in order to register the said number with the corresponding Loadbazzar App. You understand that this is a mandatory security step to complete the registration process.

The User confirms that he/she has shared/registered with a correct mobile number so that Company can communicate with User via SMS. Users understand and agree that if Company sends an SMS to the registered number, the same shall have been deemed to have provided the communication to User effectively. If User uses a spam filter that blocks or re-routes SMSes from senders not listed in your contacts, User must ensure that Loadbazzar’s SMSes are marked as trusted as 'not-spam'. The same applies mutatis mutandis to registered email id.

Obligations of User:

The Personal information shared by User on the Loadbazzar App shall be true and correct and the same shall be updated as and when there is a change.

The User shall indemnify the Company for any loss arising thereof due to breach of aforesaid obligation and terms and conditions by the User.

The User shall remit money into the Company’s Designated Account _________________________ by cash, local cheque, demand draft, pay order of banker’s cheque favoring “Atrikom Technologies Pvt. Ltd.” or through online payment or payment made using credit/debit cards or any other forms of online/wallet payment as facilitated from time to time.

The User shall be the beneficial owner of the Account User and shall not share, assign or permit the usage of his /her account by anybody else. Users shall indemnify Loadbazzar against any loss or damage suffered by the Company as a result of such unauthorized use.

The User shall undertake to notify Loadbazzar immediately of any unauthorized use of his /her account or any other breach of security.

The User understands that Loadbazzar shall not be liable for any loss or damage arising due to User’s obligation to comply with these T&C’s.

The User shall be solely responsible for maintaining the confidentiality of his /her Loadbazzar App Account.

Quality of Goods and Services:

Save as is expressly provided herein, the Company shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of: (i) any defect in any Products or Services offered on Loadbazzar App through Company’s Partners/Service Providers; (ii) malfunctioning of any equipment/deficiency of any service sold/offered on Loadbazzar App by the Service Provider; and (iii) termination/withdrawal of any of service on the Loadbazzar App by the Company/Service Provider on any account whatsoever.

Miscellaneous:

All communication shall be mailed to the mailing address specified in the Loadbazzar App..

All communication shall be deemed received by the User on dispatch and Company shall not be responsible for any communication not received or lost in the mail or courier.

None of the Company’s rights shall be deemed to have been waived by any act or conduct of Company, or by any neglect or delay in exercising such rights, and every time shall continue in full force and effect until specifically waived by Company in writing.

None of the Services Offered/Products offered on the Loadbazzar App by the Company, is intended to or shall be deemed to create or establish any agency, partnership or joint venture relationship between Company and Users.

This T&C’s shall be governed by laws of India and competent courts in Bangalore shall have exclusive jurisdiction over any and all disputes arising under or in connection with this Agreement.

In case of any dispute between the User and the Company, the same shall be referred to Arbitration in accordance with Arbitration & Conciliation Act, 1996. The User agrees that the Company may appoint a Sole Arbitrator to resolve such dispute between them.

If User is unable to use the Services as a result of improper operation of the systems due to any of the following reasons, User agrees that he/she will not hold Loadbazzar and its affiliates liable for:

System suspension which has been announced by Loadbazzar 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 Loadbazzar 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).

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 Loadbazzar.

Loadbazzar ORDER LEVEL AGREEMENT (SUPPLY)

WHEREAS this Loadbazzar Order Level Agreement (this “Agreement”) contains the terms and conditions that govern your vehicle supply orders and is an agreement between Atrikom Technologies Pvt. Ltd. (“Loadbazzar,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your” or “TRANSPORTER”, “VEHICLE OWNER”, “TRANSPORT AGENT/BROKER”). This Agreement takes effect when you click an “I Accept” button or checkbox presented with these terms (the “Effective Date”). This Agreement is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and Rules made 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 a computer system and does not require any physical signature.

AND WHEREAS 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 and you have legal 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.

AND WHEREAS you have visited the web portal/Mobile Application of Loadbazzar and have registered yourself as a transporter/fleet operator/truck owner/Transport Agent.

AND WHEREAS Loadbazzar had placed its requirement for transportation of goods as detailed under SCHEDULE – I (Order Details, Place of Pick Up Delivery, Weight, etc. as to be detailed under LR) hereunder annexed to this Agreement.

AND WHEREAS you having satisfied with the expertise and specification of commitment expected to deliver, has accepted 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.

AND WHEREAS this Order Level Agreement shall be read together and interpreted in parcel with Loadbazzar WEBSITE/MOBILE APPLICATION USAGE AGREEMENT.

1. SERVICES TO BE PROVIDED BY THE TRANSPORTER(LOAD REQUESTER),VEHICLE OWNER AND AGENT (VEHICLE PROVIDER)

Once TRANSPORTER confirmed given quotation by VEHICLE PROVIDER to provide required Truck agrees to provide Transportation and such allied Services to TRANSPORTER as detailed under SCHEDULE – I annexed this agreement.

The VEHICLE PROVIDER 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 VEHICLE PROVIDER undertakes and warrants that the vehicle deployed for the services 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 VEHICLE PROVIDER undertakes and warrants that the vehicle deployed for the services as per Order/SCHEDULE – I 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 Loadbazzar 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 Loadbazzar due to such non-compliance.

The VEHICLE PROVIDER 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 VEHICLE PROVIDER undertakes and warrants that the Goods shall not be unloaded at any place other than the Consignee’s location or as directed by the account owner who posted load in the Loadbazzar platform. In case the goods is/are unloaded at any place without the consent of the account owner who posted load, then Loadbazzar shall not be liable/responsible for any such cost/liability which is incurred by the account owner who posted load as a cost of loading/unloading or ware house rentals. In any such event, Loadbazzar, without prejudice to its legal rights available, shall be entitled to take possession of goods without any interference from the TRANSPORTER.

The VEHICLE PROVIDER understands that he/she 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 VEHICLE PROVIDER agrees and understands that he/she shall be solely responsible for any damage to his/her vehicle, driver/s, cleaner/s or to external parties arising due to whatsoever reason or any liability/obligations arising out of the same.

The VEHICLE PROVIDER shall follow the transit route as prescribed in the Order/SCHEDULE – I and shall not deviate the route without prior permission from Loadbazzar. In any situation warranting such deviation due to various reasons viz. blockage of road/strike/direction by Civil Authorities, the VEHICLE PROVIDER shall duly keep informed Load requester regarding the same. In case of any such unauthorized deviation, Loadbazzar shall be entitled to levy penalty at the Rate of Rs. 5000/- per instance.

The VEHICLE PROVIDER shall keep load requester informed on daily/bi-daily basis as the case may be on the progress of travel by calling its dedicated line (**********). The VEHICLE PROVIDER shall at all times respond to the telephone calls of the executives of Load requester and update the status of route progress/hindrance/delay if any. In case the VEHICLE PROVIDER does not respond to calls of Load requester in a timely manner, then Load requester shall be entitled to levy penalty at the Rate of Rs. 5000/- per instance.

The VEHICLE PROVIDER shall not tranship the consignment without prior intimation and approval of Load requester and until situation warrants. The VEHICLE PROVIDER understands and undertakes that he/she 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 VEHICLE PROVIDER shall immediately inform Load requester 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 with the Load requester. VEHICLE PROVIDER understands that any failure to inform Load requester 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 VEHICLE PROVIDER to bear any such losses.

The TRANSPORTER in any such events shall render support to VEHICLE PROVIDER 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 Loadbazzar. Where the TRANSPORTER appoints sub-TRANSPORTERs or agents, it shall continue to be fully liable and accountable to Loadbazzar 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 workmanlike 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 devices while performing the services and shall always secure personal safety based on their own experience and judgment, regardless of whether they are required to follow any instruction from the representatives of Loadbazzar.

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.

2. RELATIONSHIP

The relationship between the TRANSPORTER and Loadbazzar shall be on the basis of Principal-to-Principal basis and under no circumstances, it shall be construed as Principal-Agent or Master-Servant or Partnership relationship.

The relationship between the TRANSPORTER and VEHICLE PROVIDER shall be on the basis of Principal-to-Principal basis and under no circumstances, it shall be construed as Principal-Agent or Master-Servant or Partnership relationship.

The TRANSPORTER AND VEHICLE PROVIDER agree and understand that it is an independent party and it shall be responsible for its own labor 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 Loadbazzar. Loadbazzar shall neither be responsible and liable for payment of any compensation or any employment benefits to any of such personnel nor there shall arise any relationship in the meaning of Principal Employer/Contract Employment.

The TRANSPORTER AND VEHICLE PROVIDER shall agree and understand that this Agreement is a one-time service agreement and there shall be no continuity/guarantee of service.

The VEHICLE PROVIDER shall fully indemnify TRANSPORTER for any liability/claim accrued against TRANSPORTER by virtue of this Clause.

3. LEGAL COMPLIANCE

The TRANSPORTER AND VEHICLE PROVIDER 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 AND VEHICLE PROVIDER represents and warrants that all rules, regulations and ordinances and any and all applicable Loadbazzar 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 AND VEHICLE PROVIDER 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 AND VEHICLE PROVIDER becomes aware, the TRANSPORTER AND VEHICLE PROVIDER shall immediately inform Loadbazzar in writing and comply with such rule or regulation.

The TRANSPORTER AND VEHICLE PROVIDER represents and warrants that he shall maintain only one account with Loadbazzar and if there are any duplicate account which are found Loadbazzar shall be liable to retain any amount in the duplicate account as Loadbazzar deems fit.

4. PAYMENTS

If the Order accepted by the VEHICLE PROVIDER specifies that the Payment Type is ‘Consignor Pay’, then the VEHICLE PROVIDER on reaching the pickup point with Vehicle/Truck, Loadbazzar after validating/verifying the documents/truck details furnished and if matches the requirements in the Order, approves to pay the VEHICLE PROVIDER [.]% of the agreed Freight in Advance, the receipt of which money shall be duly acknowledged by the VEHICLE PROVIDER. 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 TRANSPORTER shall be entitled to deduct/recover such money/ies from the Balance Amount Payable along with the penalty/ies/loss suffered by TRANSPORTER due to such act/s/violation/s if any by the VEHICLE PROVIDER. The same can also be recovered from the Advance to be payable in the next order that the TRANSPORTER places with the same VEHICLE PROVIDER.

COMMISION/FEES FOR AVAILING SERVICES OF Loadbazzar

The TRANSPORTER shall be charged at the time of accepting the quotation from vehicle owner on the Web Portal of Loadbazzar pay to Loadbazzar, towards fees/charges/commission charged by Loadbazzar for the services rendered to TRANSPORTER under this Agreement. The Commission shall be as per the polices of Loadbazzar prescribed from time to time by Loadbazzar.

The VEHICLE PROVIDER shall be charged deducting wallet point as soon as receive the confirmation from TRANSPORTER on his submitted quotation as a service charge towards fees/charges/commission charged by Loadbazzar for the services rendered to VEHICLE PROVIDER under this Agreement. Each wallet point is equivalent to ________ rupees.

5. TITLE, RISK OF LOSS, DAMAGES, REPORTING AND DOCUMENTATION

Title to the Goods shall remain with TRANSPORTER/TRANSPORTER’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 VEHICLE PROVIDER, the Goods shall be deemed to have been handed over in good and saleable condition in accordance with documents accompanying the Goods, unless the VEHICLE PROVIDER brings any defects to the attention of TRANSPORTER/TRANSPORTER’s Customer’s by written notification without undue delay. The VEHICLE PROVIDER shall be liable for any loss or damage that occurs during transportation. If the VEHICLE PROVIDER 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 VEHICLE PROVIDER and notification made to TRANSPORTER/TRANSPORTER’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 VEHICLE PROVIDER

The VEHICLE PROVIDER 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 VEHICLE PROVIDER has to tranship the materials he shall inform TRANSPORTER and tranship the materials at his own cost

Notwithstanding the above, the Goods shall continue to be transported by the VEHICLE PROVIDER to their destination only if Goods cannot continue to be transported without material risk of further damage, the VEHICLE PROVIDER shall hold the Goods in a secure place and shall immediately notify a person nominated by TRANSPORTER at dedicated no. (******************), who shall be consulted for further decision and approval.

VEHICLE PROVIDER 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 TRANSPORTER as detailed in Clause 5.3 of this Agreement. The TRANSPORTER shall assist TRANSPORTER in all such cases.

6. 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 Loadbazzar, 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 VEHICLE PROVIDER shall be liable for any death or personal injury, loss or damage (including loss of use) to property caused by the VEHICLE PROVIDER, its employees, agents or representatives arising from or in connection with, or related to the VEHICLE PROVIDER’s performance of the services. Within its liability, the VEHICLE PROVIDER shall defend, keep harmless and fully indemnify TRANSPORTER, 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 Loadbazzar, 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 VEHICLE PROVIDER shall be liable for any breach of this Agreement or any of its terms or any warranty given hereunder by the VEHICLE PROVIDER, its employees, agents or representatives. Within its liability the VEHICLE PROVIDER shall defend, keep harmless and fully indemnify TRANSPORTER, 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 and VEHICLE PROVIDER agrees to indemnify Loadbazzar, 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 and VEHICLE PROVIDER;

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 Loadbazzar or its Subsidiaries or its Parent Company;

7. 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; and Loadbazzar shall not in any manner liable for any omissions and/ or commissions in that regard.

8. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

Nothing contained in this Agreement shall be construed as conferring on the TRANSPORTER and VEHICLE PROVIDER 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; and any breach/s thereof shall entitle Loadbazzar to take legal or penal action as may be advised.

9. DATA PROTECTION AND CONFIDENTIALITY

The TRANSPORTER and VEHICLE PROVIDER 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.

10. 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 Loadbazzar.

11. 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. The reciprocal contractual obligations shall stand suspended till such time the said force majeure operates.

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.

12. TERMINATION

Either Party may terminate this Order Level Agreement before picking the order by the TRANSPORTER. The termination of this Agreement shall not limit/ reduce/ terminate the rights of Loadbazzar to recover any loss/ damages , if any, incurred.

13. 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.

14. 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 Loadbazzar and the TRANSPORTER arising from, in connection, or related to the Service Contract or its performance, construction or interpretation, the Parties shall endeavour to mutually resolve it by agreement through negotiations conducted in good faith.

15. ASSIGNMENT

Loadbazzar 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.

16. WAIVER

By virtue of which both the parties expressly waives of physical execution of the agreement affixing of physical signature and seal on the Agreement and registration thereof.

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.

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