SIMSPL CUSTOMER TERMS AND CONDITIONS

“SmartShift Info Marketing Services Private Limited” 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 (“SIMSPL”) 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) acknowledges that, upon their acceptance of the terms and conditions listed below, these terms and conditions shall be binding on them and SIMSPL. If the Consignor/ Sender/ Customer opts not to agree to these terms and conditions or does not wish to avail the services provided by SIMSPL, they should uninstall the application from their mobile phones and discontinue the use of SIMSPL services. Each time that the Consignor/ Sender/ Customer sends any consignment through SIMSPL services, the Consignor/ Sender/ Customer acknowledges the terms and conditions herein.
These SIMSPL Customer Terms and Conditions apply to the services provided by SIMSPL currently including the following services:

Goods Transport by Road through Compact 3W.
1. 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 services through Compact 3W.
2. The Consignor or Sender or Customer (as the case may be) warrants and undertakes that all Consignments in respect of which SIMSPL 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 SIMSPL against any loss, damage or claim made against SIMSPL arising from any lack of authority of the Consignor or Sender or Customer (as the case may be) to contract with SIMSPL 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.
3. SIMSPL 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 SIMSPL’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 SIMSPL'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 SIMSPL .

Grievance Officer / Nodal Officer

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, the details of the Grievance Officer/ Nodal Officer are as below:

Ashvin Alphonso BCM Prime, 1st Cross, BDA Layout, Guruppanan Palya, Tavarekere Extension, Bannerghatta Road, Jayanagar, Bangalore, Bangalore South, Karnataka, India, 560041 Email ID: grievance.officer@theporter.in Phone No: 02262684439 Time: Monday to Friday (9:00 to 17:00)

Governing Law and Dispute Resolution

These SIMSPL 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 SIMSPL 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 <span style="text-decoration:underline;">help@theporter.in </span>for Goods transport services through Compact 3W. In case of damaged goods, the Consignor/Customer (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, SIMSPL 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. SIMSPL 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 SIMSPL, the refund request will not be processed.
For ‘Goods Transport by Compact 3W, SIMSPL shall be liable for any loss or damage to the goods directly attributable to SIMSPL or its agents to the extent of the freight amount paid, provided the amount so calculated shall not exceed the value of the goods OR INR 1,500/- (Indian Rupees One Thousand Five Hundred only), whichever is lower.
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 SIMSPL ’s control. SIMSPL 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, SIMSPL 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 SIMSPL 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, SIMSPL 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 SIMSPL 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 SIMSPL .
Where the Consignor/Customer is registered under the GST regulations, the same should be intimated to SIMSPL through the Porter App. Further, any change in status of GSTIN shall also be intimated to SIMSPL prior to initiation of the service.
SIMSPL 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 App), the Consignor/Customer is liable to pay the GST under reverse charge mechanism (RCM) on the invoices raised by SIMSPL .

Once services are provided by SIMSPL to the Customer, SIMSPL 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 SIMSPL 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. SIMSPL 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 SIMSPL may block their access to its services, in whole or in part, at any time and for any reason, at SIMSPL's sole discretion, without prior notice or liability. Such reasons may include, without limitation, violation of these terms and conditions, applicable law, or SIMSPL's policies, misuse of SIMSPL's services, security risks, or fraudulent activities. SIMSPL may restore the Consignor's/Customer’s access at its sole discretion.
Where the Consignor utilises the digital ledger made available by SmartShift Logistics Solutions Private Limited (“SLSPL”) for availing services on the Porter App from time to time (“Porter Wallet”), the Consignor hereby authorises SLSPL to adjust / deduct the amounts due from the Porter Wallet on behalf of SMSPL.
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 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 SIMSPL and SIMSPL 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, SIMSPL 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 SIMSPL’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 SIMSPL’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.
Discrepancy in Invoice value: Any discrepancy in the invoice value should be brought to the attention of Porter within 7 days from receipt of invoice upon completion of transaction. Beyond the expiry of this period, no modification requests shall ordinarily be processed.

GOODS TRANSPORT BY ROAD THROUGH COMPACT 3W - TERMS AND CONDITIONS

The following terms and conditions relate to the Goods Transport services provided by SIMSPL through Compact 3W. Consignors availing the Goods Transport services through Compact 3W provided by SIMSPL agree to be bound by these terms and any other general or specific terms and conditions notified by SIMSPL from time to time.
Consignors should adhere to following packaging instructions when availing Goods Transport services through Compact 3W:

(i) Cover the goods completely, securing the ends with tape.

(ii) For fragile items, cover the same in bubble wrap ensuring corners and edges are well protected.

(iii) Use stretch wrap for items that might shift to keep them snugly in place. (iv) For items being moved in a box, fill the void in the box with crumpled paper to stop the items from shifting. For fragile items, layer the bottom of the box with cushioning material before placing your items inside.

(v) While sealing use strong tape designed for shipping, such as pressure-sensitive packing tape or water-activated tape.

(vi) Avoid using string instead of tape.

The Consignor understands that using SIMSPL’s services for sending fragile items is at Consignor’s own risk. If the consignment includes fragile or high-risk items, please ensure that packaging of such items is done carefully in the manner stated above. SIMSPL shall not be liable for any damage caused to goods due to poor packaging by the Consignor.
The Consignor warrants that they are the owner or the authorized agent of the owner of the goods / articles transported and is authorised to accept the terms and conditions herein.
The Consignor is required to fill out all the accurate particulars of consignment and trip details into the mobile application while booking a consignment for transportation, all of these details constitute the ‘Goods Forwarding Note’.
SIMSPL shall, upon receipt of the Goods Forwarding Note from the Consignor, for booking of the consignment to be transported, issue a Goods Receipt/ Consignment Note to the Consignor.
The Consignor is responsible for all goods transported through SIMSPL. Consignor will only use SIMSPL services for legal purposes and shall not commit any illegality or use SIMSPL services for any unlawful purpose. The Consignor warrants to SIMSPL that the description of the consignment as noted in the application conforms accurately to the actual content of the consignment thereof and such consignment does not form part of the Restricted Items. If the consignment contains any such items or material, the Consignor agrees and undertakes to fully indemnify SIMSPL and/or its agents for any loss, damages, costs, expenses, penalties, fines, liability thereof that may be incurred by SIMSPL or agents with regard to the said item or material.
It is expressly understood by the Consignor and SIMSPL that all consignments agreed to be delivered by SIMSPL are on a “said-to-contain” basis i.e., SIMSPL shall have the right, but will be under no obligation to verify the contents of the consignment declared by the Consignor. The Consignor shall undertake to make proper, true, fair, correct and factual declaration regarding description and value of the consignment.
At the time of booking, the Consignor will be required to provide a declaration stating the value of the consignment and the description of materials in the consignment and the same shall be binding on the Consignor.
SIMSPL will use the Consignor and consignee’s information as shared with it, to update and inform the Consignor / consignee through SMS, push notifications, Whatsapp and/ or email or any other form of communication as may be mutually decided between SIMSPL and the Consignor, regarding the delivery status of the consignment and obtain feedback from the Consignor / consignee regarding the said service only so as to improve the customer experience with SIMSPL. Additionally, SIMSPL may use the Consignor’s behavioural information reflected via usage of the App by the Consignor, for its internal analysis and targeted marketing and the Consignor hereby agrees to such use by SIMSPL.
Consignor agrees to indemnify and hold SIMSPL and its agents harmless for any loss, damages, costs, expenses, penalties, fines, liabilities, of any nature whatsoever incurred or suffered by SIMSPL and its agents due to any acts or omissions, breach of applicable law and/ or customer/ third party claims attributable to the Consignor.
The Consignor shall not book any consignment containing any of the following items (“Restricted Items”): (i) Pornographic Materials (ii) Dry Ice (iii) Human Body Parts (iv Explosives (v) Fire Arms (vi) Flammables (vii) Livestock (viii) Pets & Animals (ix) Dangerous Goods (x) Hazardous Goods (xi) Illegal Goods (xii) Radioactive Materials (xiii) Precious Jewelleries (xiv) Currencies & Coins (xv) Stones and Gems (xvi) Gambling Devices (xvii) Lottery Tickets (xviii) Fire Extinguishers (xix) Cigarettes & Alcohols (xx) Narcotics and Illegal Drugs. The Consignor acknowledges that the above list may be updated from time to time either at the URL where these terms are made available or as otherwise notified to the Consignor.
Further, Consignors will not hand over any secure documents/articles including, but not restricted to education certificates, passport, Aadhar Cards, bank statements, credit cards, debit cards, bank cheques and / or currency items, passports amongst other documents (“Restricted Documents/Articles”). SIMSPL is not licensed to carry Restricted Documents/Articles and shall have no liability in such cases if such documents are handed over for delivery by the Consignor.
In the event the Consignor requests transportation or undertakes transportation by misrepresentation of any illegal or unlawful or prohibited items as mentioned above or which is otherwise restricted under any applicable law, SIMSPL or its agent has the right to report the same to the law enforcement authorities. SIMSPL has a zero tolerance policy towards misuse of its services for transportation of illegal/ prohibited items.
Consignor is required to provide the accurate address for delivery at the time of booking the consignment. It is not possible to entertain any request for updating the delivery address once the consignment leaves the place of origin.
SIMSPL reserves its right to refuse the booking of any consignment without assigning any reason whatsoever.
In the event, during transit of the Consignor’s consignment from pick-up location to drop-off location or while undertaking the transport services, if police or other law enforcement agencies demand display of the items for verification, the delivery agents of SIMSPL shall display the consignment to such authorities. In the event any regulatory authorities levy any penalties/ fines to the driver partner / SIMSPL due to any acts of the Consignor which are contrary to any applicable laws, rules, regulations, guidelines, the Consignor undertakes to indemnify SIMSPL.
When loading the vehicle prior to transportation, the Consignor agrees not to exceed the weight and size details specified by the Consignor at the time of booking. Please ensure that the items are within these limits to ensure safe transport and compliance with SIMSPL’s guidelines and applicable laws. We have the right to reject any goods which exceed the weight and size specified at the time of booking.
The Consignor understands and agrees that the consignee of the goods should be available at the drop-off location at the time communicated for delivery of the goods. In the event the consignee is not available at the drop-off location or refuses to take delivery, the Consignor will be contacted. In case the Consignor is not available, such consignments may be returned at the drop-off location or to the pick-up location or disposed of in any other manner suitable and deemed practical by SIMSPL or its agents. Additionally, in case of non-acceptance of the return to origin (“RTO”) consignment by the Consignor or in case the Consignor is not reachable for RTO consignment, SIMSPL reserves the right to levy suitable demurrage / incidental charges for extended storage of such products.
Consignments cannot be delivered to PO boxes or postal codes. Consignments are delivered to the consignee’s address as provided by the Consignor, but not necessarily to the named consignee personally. Consignments to addresses with a central receiving area will be delivered to that area only. We do not provide door step delivery.
In the event the Consignor opts for ancillary services such as loading-unloading (“Load Assist”) in the course of transportation of their goods, the Consignor will be charged for the same, which shall be included in the composite services undertaken.
SIMSPL may provide load assist services in some territories or for some orders. If the Consignor chooses to avail such services, Consignor shall ensure that they shall be present or authorise someone to be present at the time of availing such services.
If you choose to avail the services of Load Assist, the following conditions will be applicable:

a. Packaging, Assembly-Disassembly, Dismantling & Rope Pulling of goods are not included.

b. Technical Assistance are not included : If any machine, appliance, or electronic gadgets require technical assistance of the manufacturer for locking/unlocking, it is the customer's responsibility to arrange for it as SIMSPL does not offer these services.

c. Goods heavier than 50 kg or that which cannot be lifted by 2 persons cannot be moved using this service. Eg: King/queen size cots, Big wardrobe/ Almirahs, 5 seater sofa, other such goods bigger than 7 feet, etc.

SIMSPL shall not be liable for any delay in pickup, mis-delivery, non-delivery or loss or damage caused on account of an act of God, force majeure and or circumstances like war, epidemics, pandemics, acts of public enemies strikes, embargoes, local disputes, riots/ civil commotion, political and other disturbances or accidental fire, accident of vehicle carrying the goods, arrest, restraint or seizure under legal process, order or restrictions or prohibition imposed by any governmental authority, explosions or any other cause reasonably beyond the control of SIMSPL.
Please note that the time of arrival/delivery provided at booking is an estimate. Any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reason outside SIMSPL’s control. SIMSPL shall not be liable for any loss arising from such delays.
Directors, owners, partners and shareholders of SIMSPL shall not be personally liable for any claims or liabilities arising out of service failures including those resulting from situations, circumstances, omissions, errors, failures or misleading statements/guidance from any employees of SIMSPL or of its channel partners or of its driver partners.
The Consignor shall be liable for the preparation and/or generation of the E-way bill (including Part-A and Part-B of the E-way bill) and it shall be the sole responsibility of the Consignor to ensure that all the details provided in such E-way bill are true and/or accurate. Further, the Consignor shall ensure the particulars of the vehicle are correctly mentioned in the E-way bill and provide a copy of the E-way bill to the driver at the start of the trip. In case of any vehicle breakdown or delay in the delivery of the consignment, the Consignor shall be obligated for making any necessary or required changes in the Part-B of the E-way Bill, in a timely manner and furnishing a copy of the same to the driver. In the event of failure by the Consignor, the Consignor shall be solely liable for any repercussions for non-compliance under applicable Law. SIMSPL shall not be responsible for actions of the authorities due to misdeclaration, the Consignor will have to deal directly with all tax and statutory authorities in case of any notices related to the e-waybill from any tax / statutory authorities.
Notwithstanding any other remedy available to SIMSPL, SIMSPL shall have a lien over all goods/ consignments in its possession or under its control in respect of any sums due to SIMSPL by the Consignor. Notwithstanding that SIMSPL shall have a lien over any goods/ consignments, the Consignor shall continue to be liable for any and all charges arising from the provision of the Services until all sums due to SIMSPL have been received by it. If the consignee does not take delivery of the consignment or it remains undelivered due to any reason such as wrong or incomplete address or refusal by consignee to pay any applicable duties / taxes / charges or containing Restricted Items or if the packaging of a consignment is damaged to the extent that repacking is not possible resulting in non-delivery or the consignment is found as likely to cause damage to other goods or cause injury to individuals, then the Consignor shall still be liable to pay freight charges and all other dues and charges to SIMSPL. In case of the goods remains undelivered beyond 48 (forty eight) hours from the date of tendering the consignment for delivery, then demurrage / warehouse charges at such other rates as may be fixed by SIMSPL from time to time. Further, if the consignment is not received or claimed within 7 days from the date of tendering the consignment for delivery for the first time, then SIMSPL shall have the right to proceed with the sale of the goods of the consignment to realize all its dues. SIMSPL reserves the right to levy suitable demurrage / incidental charges for extended storage of such goods.
Enterprise customers who avail SIMSPL’s services through API integration shall also be subject to these SIMSPL terms and conditions.