Thank you for using GetLoadz (App”) Services. These Terms of Use, together with GetLoadz Privacy Policy, shall apply to the users of the app as and when they visit, browse, access data and, place orders, upload or download documents, access or otherwise use the App.

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

Scope of these terms

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

User’s Obligation

The users agree not to:

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

Confidentiality

The GetLoadz app shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of this app or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended. The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.

Limitation of Liability and Warranties

The GetLoadz app:

• Shall not take responsibility or liability for the pricing and payment terms of contract entered between Vehicle owner and consignor/consignee, transport contractors and agents using this app as a platform;
• Shall not take responsibility or liability for any dispute arising between consignor or consignee or vehicle owner(or Truck provider) or driver regarding quantity, quality, packing, assembling, etc. of goods conveyed with the help of this Application;
• Shall be harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to use or misuse of the services or of the app, any violation by user of these Terms and Conditions, or any breach of the representations, warranties, and covenants made herein;
• Shall not liable for any late pickup, late delivery, early arrival, early delivery any waiting charges and also if user procure the freight without pickup service and/or delivery service, they themselves are responsible for delivering the shipment to the designated drop-off and/or pickup point;
• Shall not be responsible for goods or services or the terms on which services may be procured or availed using this application as a platform. If user chooses to procure or avail such goods or services, user should carefully evaluate them and the terms upon which you are availing them;
• Shall not be responsible for any natural loss, damage, deterioration of goods involved including on account of pilferage, theft, accident, natural calamity or any other similar cause;
• Shall not be liable for any conduct of the drivers of the vehicles. Users may notify complaints against driver of any vehicle that you may have hired using this platform;
• Shall not be liable for performance of service as earlier agreed by user parties; and
• May ask you for feedback of listed vehicles users from whom the users would have availed services.

The user of app acknowledges and agrees that they shall be liable for checking the contents, packing, sealing, addressing, labelling and handling of the goods, carriage, shipping instruction or waybill. copied imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are

General law and Jurisdiction

Except as otherwise set forth in these Terms, these Terms shall be governed by Indian laws and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute between them arising under or in connection with these App Terms. If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. reserved to trademark holder and its licensors. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed by Epictus Logistics (India) Private Limited. The place of both mediation and arbitration shall be Raipur, Chhattisgarh, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.