PORTER CUSTOMER TERMS AND CONDITIONS

“Smartshift Info Marketing Services Private Limited” or, “Porter” is a company which is, inter alia, engaged in the business of transportation of goods by road through Compact Three Wheeler Vehicles (“Compact 3W”).

GENERAL TERMS AND CONDITIONS

Consignments entrusted to Smartshift Info Marketing Services Private Limited (“Porter”) by you (hereinafter referred to as “Consignor/Sender/Customer” (as the case may be)) for transportation shall be on agreed terms and conditions as specified below.
The Consignor/Sender/Customer (as the case may be) acknowledge that, upon their acceptance of the terms and conditions listed below, these terms and conditions shall be binding on them and Porter. If the Consignor/ Sender/ Customer opts not to agree to these terms and conditions or does not wish to avail the services provided by Porter, they should uninstall the Porter app from their mobile phones and discontinue the use of Porter’s services. Each time that the Consignor/ Sender/ Customer sends any consignment through Porter services, the Consignor/ Sender/ Customer acknowledges the terms and conditions herein.
These Porter Customer Terms and Conditions apply to the services provided by Porter currently including the following services:
Goods Transport by Road through Compact 3W;
Other than these General Terms and Conditions, the Consignor/Sender/Customer (as the case may be) shall be subject to the specific terms and conditions of Goods Transport through Compact 3W.
The Consignor or Sender or Customer (as the case may be) warrants and undertakes that all Consignments in respect of which Porter is to provide its services are either owned by the Consignor or Sender or Customer (as the case may be) or legally in their possession or under their control, and that the Consignor or Sender or Customer (as the case may be) is able to deal with the Consignments as contemplated herein. The Consignor or Sender or Customer (as the case may be) agrees to indemnify Porter against any loss, damage or claim made against Porter arising from any lack of authority of the Consignor or Sender or Customer (as the case may be) to contract with Porter for the Services, or any breach of the warranty or undertaking given by the Consignor or Sender or Customer (as the case may be) under this paragraph.
Porter may vary or amend or change or update these Terms and Conditions, from time to time entirely at its own discretion. You shall be responsible for checking these Terms and Conditions from time to time and ensure continued compliance with the terms and conditions. The continued use of Porter’s services by the Consignor or Sender or Customer (as the case may be), after any such amendment or change in the Terms and Conditions shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms and Conditions. You agree that Porter's services are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. It shall be your responsibility to ensure that you comply with applicable laws on payment of taxes and pay the prevailing charges and duties which shall form part of the invoice raised by Porter.

Governing Law and Dispute Resolution
These Porter Customer Terms and Conditions shall be governed by the laws of India and subject to the mediation clause specified hereunder, the courts in Bangalore shall have exclusive jurisdiction to deal with any matter pertaining to these Terms and Conditions. Any disputes between Porter and Consignor or Sender or Customer (as the case may be) or anybody claiming through or on behalf of the Consignor/Sender/Customer (“Disputing Parties”) that cannot be settled amicably between within a period of 30 (thirty) days from the date of the dispute may be resolved by mediation in accordance with the Karnataka Civil Procedure (Mediation) Rules, 2005 before the Karnataka Mediation Centre, Bangalore (“Institution”). A neutral mediator shall be appointed by the Institution to facilitate the mediation process. The Disputing Parties shall keep the mediation confidential and not disclose to any person, unless required to do so under applicable law.

Claims (As applicable to ‘Goods Transport by Road’)

Any claim (for accidents or negligence resulting in damage) in respect of the goods shall be made in writing within 24 (twenty four) hours from the date of receipt and sent to help@theporter.in for Goods Transport service through Compact 3W. In case of damaged goods, the ConsignorCustomer (as the case may be) and / or consignee needs to share photos of the damaged goods in case of Goods Transport services through Compact 3W, along with the description of the damage. In absence of any such claims, made within the period stipulated here, Porter shall not be liable to process the same.
When claiming refund against damage, the Consignor/Customer must verify their identity as the original Consignor/Customer of the goods. Porter may ask for relevant information to validate the identity of the claimant in this case. In case the identity of the claimant cannot be validated by Porter, the refund request will not be processed.
The Consignor/Customer hereby undertake and agree that, should they so desire, they shall opt for additional coverage to secure the goods from point of origin to point of final destination at their own cost; provided, for any goods above the value of INR 1,500 (Rupees One Thousand Five Hundred, the Consignor/Customer will necessarily obtain insurance coverage from point of origin to point of final destination at their own cost.
No commitment is made for time bound completion of service. Any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reason outside Porter’s control. Porter shall not be liable for any loss arising from such delays.
The Customer shall specify the accurate details of the goods at the time of booking, including nature of goods, quantity, volume, specifications etc.
Reverse liability: In the event of mis-declaration of the goods (including without limitation where the goods are already damaged or damage other goods while under carriage or are illegal goods/ consignment) the Consignor/Customer shall be liable for any damages related to such mis declared goods including consequential and third party damages.
Void liability: In the event of mis-declaration of the goods, Porter shall not be liable for any claims on compensation or the logistics-related costs or charges or the declared value of goods nor statutory or legal responsibilities of such goods.
Under no circumstances will Porter or any of its director, officer, employee, agent or contractor be liable to the Consignor/Customer or consignee for any indirect, incidental, consequential, special or exemplary losses or damages, mis-delivery, or non-delivery of consignment for any reason whatsoever. More particularly, Porter shall not be liable for any loss of income, profits, interests or other consequential losses.
Refund Period: All eligible refunds shall be processed within 7 – 10 working days from the day the claim has been accepted by Porter upon submission of complete documents pertaining to the dispute by the Consignor/Customer, except where such refund cannot be processed due to reasons not attributable to Porter.
Where the Consignor/Customer is registered under the GST regulations, the same should be intimated to Porter through the Porter App. Further, any change in status of GSTIN shall also be intimated to Porter prior to initiation of the service.
Porter is a “goods transport agency” (GTA) under the Central Goods and Services Tax Act, 2017 (GST) and has opted for tax on reverse charge basis for transportation service rendered to GST registered customers. Accordingly, in case the Consignor/Customer is registered under GST provisions (as per the information provided on the Porter App), the Consignor/Customer is liable to pay the GST under reverse charge mechanism (RCM) on the invoices raised by Porter. Once Services are provided by Porter to the Customer, Porter shall report details of such Services on the GST Portal of the Government for enabling the Customer to pay requisite taxes under the RCM within the prescribed statutory due dates.
The Consignor/Customer maybe contacted by Porter for furnishing additional details required to process compensation towards loss or damage of the goods. The additional details requested may include, without limitation, images to prove damage to the goods and / or bank details of the Consignor/Customer to which the compensation should be credited. Porter will not be liable for payment of any compensation if the details requested by it are not provided within 2 working days from the date on which the initial e-mail request is sent to the Consignor/Customer.
Blocking of access: The Consignor/Customer acknowledges and agrees that Porter may block their access to its services, in whole or in part, at any time and for any reason, at Porter's sole discretion, without prior notice or liability. Such reasons may include, without limitation, violation of these terms and conditions, applicable law, or Porter's policies, misuse of Porter's services, security risks, or fraudulent activities. Porter may restore the Consignor's/Customer’s access at its sole discretion.
Pure Agent Relationship in Respect of Certain Costs Incurred by Porter on behalf of the Customer: In the event that the Customer avails the services of Porter Wallet to make hassle-free, quick, and seamless transactions in respect of Porter Services, the Customer authorizes Porter to act as their pure agent for procuring the services of Payment Aggregators (“PAs”) and/or Payment Gateways (“PGs”) which are linked to the recharge and maintenance of Porter Wallet. Porter neither intends to hold nor holds any title to the services of PGs/PAs procured to recharge the Porter Wallet of the Customer. The services of PGs/ PAs procured to recharge the Porter Wallet are not for Porter’s own interest but are solely made on behalf of the Customer to make hassle free, quick, and seamless transactions in respect of Porter Services. The Customer consents to reimburse Porter the charges for the services of PGs/ PAs to recharge the Porter Wallet on a cost-to-cost basis. Porter agrees to charge the Customer only the actual cost incurred by Porter in the capacity of a pure agent to procure the services of PGs/ PAs to recharge the Porter Wallet, in addition to the amount received from the Customer for Porter Services.
Cash on Delivery Payment Term:

If a Consignor/Customer has opted for a cash on delivery payment option, the Consignor/Customer must pay the full amount to the delivery partner as reflected on the Porter app at the time of completion of the services. The Payment made to the driver partner shall be deemed to be made on behalf of Porter and Porter shall not be liable for any additional payment that the Consignor/Customer may choose to pay to the delivery partner including by way of tips. In case of non payment/ deficit payment, Porter shall be entitled to levy additional charges/ expenses, initiate legal recourse including but not limited to suspension of the customer’s account or take legal actions for recovery of such payments from the Customer/ Consignor.
Reward schemes
Users will be eligible to use the valid rewards/ vouchers/ coins of Porter’s affiliates towards the dues for this service.
Users will also be eligible for rewards/ vouchers/ coins as per the prevailing schemes on the services availed from Porter’s affiliates .
Cancellation:

All cancellations made after driver allocation may incur a cancellation fee basis company policies. The same if any shall be communicated at the time of cancellation.