This Terms of Service Agreement (the “Agreement”) describes the terms by which New Olog Logistics Pvt. Ltd, a Company incorporated under the Companies Act, 2013 with its registered office at HIG 1033, 6th Main Rd, Mogappair Eri Scheme, Mogappair West, Chennai-600037, Tamil Nadu, India, doing business as “FR8” (hereinafter referred as “FR8”) offers to you, as a Customer, access to its websitewww.fr8.in and the associated mobile software application platform owned and operated by FR8 (hereinafter referred as “FR8 Platform”). FR8 provides an online platform to connect Customers with Trucks of Truck Owners (hereinafter referred as “Partners”) for the transportation service whereby Customers can submit a request for the transportation of goods (hereinafter referred as “Orders”). Partners can accept Loads, and both Customers and Partners can track the status of the Loads. FR8 does not assess the suitability, legality, regulatory compliance, quality or ability of any Customer or goods scheduled through the use of the Service, and FR8 makes no warranty regarding the same.

This Agreement sets forth the terms for use of the Service by Customers. By signing up and registering with FR8 or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. In the event any separate contract or like document governs or otherwise impacts the parties' rights, obligations or relationship, this Agreement shall govern to the extent it does not conflict with the terms of any such other contract or like document.

YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.

IF YOU DO NOT SO AGREE, YOU SHOULD DECLINE THIS AGREEMENT, IN WHICH CASE YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.

Transportation Requests

FR8 provides FR8 platform through which you may submit proposed transportation of goods. You must provide the following information as part of requesting a transportation service:

1. The origin and destination addresses for the load;
2. The requested dates for pickup of the load;
3. The material type of the load being transported as part of the transportation service;
4. The specific truck type requirements; and
5. Any other information necessary for transportation of the cargo.

Once FR8 accepts a order for posting, the order details will be shared to the partners. You may cancel a order at any time prior to a truck owner accepting it. A truck owner may view a list of the orders available to it at any time and accept a orders through FR8 platform. Once a truck owner accepts a order, it will be assigned to perform transportation services related to the order. Upon a partner's acceptance, FR8 will notify you that the order has been accepted. FR8 does not guarantee that an order will be accepted by any truck owner.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping requirements should fall within country's legal framework.

You also agree that

1. You will not use the Service to transport hazardous materials;
2. You own the transported goods or have all necessary rights to transport it;
3. You agree that FR8 will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo;
4. You are solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo; and
5. Your requested pick-up and delivery dates and hours will not require a partners to violate hours of service regulations under applicable law.

Lorry Receipt

Customers whose services are engaged hereunder are instructed to issue lorry receipt and to upload copies of those Lorry receipt to FR8 platform. Customers are instructed not to name FR8 as either a consignor or consignee on any lorry receipt.

Proof of delivery

Once a Shipment is completed, the truck owner is instructed to post to the FR8 platform a proof of delivery signed by the authorized recipient. partners can and send customers any questions or concerns regarding the Shipment.

Payment

For all transportation deals on FR8 platform, The customer has to pay advance or full payment (including FR8's service fee/hiring charges) for each booking as displayed and locked-in on FR8 platform. The final / balance payment need to be done within 7 days of invoicing of the final bill. The payment would be made electronically through a safe & secure payment gateway process created by FR8 in partnership with banking & technology partners.

Hiring Charges

Hiring charges are fees applied by FR8 on the freight cost. This charge is deducted from the total freight amount, and the remaining balance is given to the truck owner or supplier as payment for their services.

Invoicing

For all service through FR8 platform, FR8 will generate a digital invoice for each trip and this would be sent to email address registered by the customer on FR8 platform.

Taxes

Any freight related tax deductions (TDS) from supplier payment would be adjusted from balance payment only and related declarations / documentation for the same would be managed between the customer & the supplier directly. Standard service taxes on FR8 service fees would apply.

Refund Claim

Any refund claim by the customer will be taken on case to case basis. FR8 on confirmation of payment from the customer, transfers desired amount in account of supply partner.

User Content

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate any provision of this Agreement. For the avoidance of doubt, User Content may include third party content you submit. You agree not to submit third party content unless you have the consent of the applicable third party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by FR8. You acknowledge and agree that FR8 is not responsible for any loss or damage resulting from anyone's use or reliance on User Content and FR8 makes no guarantees regarding the accuracy, completeness, usefulness currency, suitability, or quality of any User Content, and assumes no responsibility for any User Content. The customer agrees to receive service or FR8 promotional / scheme in-app notifications as well as sms, phone calls and/or email on registered mobile number and email id

License

You hereby grant, and represent and warrant that you have the right to grant, to FR8 an irrevocable, nonexclusive, royalty-free and fully paid, sublicensable, worldwide license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels, now known or hereafter devised (including in connection with the Services and FR8's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. All rights in and to the User Content not expressly granted to FR8 in this Agreement are reserved by Users.

Anonymous Data

FR8 may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. FR8 may use and disclose Anonymous Data for any purpose, including improving the Service.

Disclosure

FR8 may share your User Content

1. with third party service providers;
2. if another company acquires FR8; and/or

to comply with relevant laws, to respond to subpoenas or warrants or assist in preventing any violation or potential violation of the law or this Agreement.

FR8 respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to FR8 atinfo@fr8.in;

1. A description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringing is located. Include enough information to allow FR8 to locate the material, and explain why you think an infringement has taken place;
2. A description of the location where the original or an authorized copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. Your address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
7. Any commitment with the customer which is done outside the preview of these terms by any individual including any FR8 employee, FR8 would not be bound by the same.

Confidentiality/ Non-Disclosure

As a result of the performance of this arrangement and whether due to any intentional or negligent act or omission, FR8 may disclose to its customer or customer may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of FR8's business ("Our Information"). Customer hereby agree and acknowledge that any and all of our information is confidential and shall be FR8's sole and exclusive intellectual property and proprietary information. Customer agree to use such Information only for the specific purposes as allowed by the performance of this arrangement. Any disclosure of such Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. Furthermore, Customer acknowledge that such information is proprietary, confidential and extremely valuable to FR8, and that FR8 would be materially damaged by Customer's disclosure of FR8's Information. Customer acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that New Olog shall be entitled to injunctive relief.

Limitation of Liability

FR8 shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, whether based on warranty, contract, product liability or any other legal theory, and whether or not FR8 has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

FR8's liability in event of loss / damage, penalties to the consignment would not exceed 10% of total trip freight value or Rs 15,000 (whichever is lower). In no event, shall FR8 be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. For any insurance claim filed by either original consignee or customer through their own insurance policies, FR8 may assist in required documentation completion. Decision on this would be taken on case to case basis by FR8.

Jurisdiction & Dispute Resolution:

All disputes arising from or in connection with our business relationship shall be settled under Arbitration by sole Arbitration appointed by FR8. The award of the said Arbitrator shall be final and binding on both FR8 and client. The parties herein shall bear the arbitration charges equally and the arbitrator shall be empowered to pass any interim order any time during such arbitration. The arbitration proceedings shall be in English language and conducted as per the provision of The Arbitration and Conciliation Act 1996. The venue of arbitration be at Chennai.