TERMS OF SERVICE
Porter Customer Terms and Conditions
“Smartshift Logistics Solutions Private Limited” or, “Porter” is a company which is, inter alia, engaged in the business of transportation of goods by road.
General Terms and Conditions
1. Consignments entrusted to SmartShift Logistics Solutions Private Limited (Porter) by you (hereinafter referred to as Consignor/Sender/Customer as the case may be) for the purposes of availing transportation services shall be on agreed terms and conditions as specified below.
2. It is hereby clarified that Consignor/Sender/Customer shall mean, without limitation, any individual, proprietary concern, company, firm, association, organization etc. availing Porter’s services. For the purpose of this terms and conditions, any Consignor/Sender/Customer availing Porter’s Transportation of Goods by Road services for enterprises (Porter for Enterprise / PFE) and specifically registered with Porter for the same, having duly filled and submitted the enrolment form, shall be referred to as an Enterprise Customer.
3. The Consignor/Sender/Customer (as the case may be) acknowledges that, by using the Porter mobile application (Application) and services (specified below), you have read and understood the Porter Customer Terms and Conditions (Terms and Conditions) and agree to be bound by these Terms and Conditions. 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 Application from their mobile phones and discontinue the use of Porter’s services. Each time that the Consignor/ Sender/ Customer uses Porter’s services, the Consignor/ Sender/ Customer agrees to be bound by the Terms and Conditions.
4. These Terms and Conditions apply to the services provided by Porter currently, including the following services:
4.1) Transportation of Goods by Road (transportation of goods by road); and
4.2) Packers and Movers (transportation of goods by road from one location to another including collection of household goods from pre-defined place, packaging of goods, transportation and unloading of the goods at the place of destination).
5. In addition to the General Terms and Conditions, the Consignor/Sender/Customer (as the case may be) shall be subject to the specific terms and conditions of Transportation of Goods by Road and Packers & Movers below, depending on the services availed by them.
6. The Consignor/Sender/Customer acknowledges that certain services available on the Application are offered by Smartshift Info Marketing Services Pvt. Ltd. (SmartShift Info) and/or third parties, including Porter’s affiliates (Third Party Services). Should you wish to avail such Third Party Services, you shall be bound by the relevant terms and conditions of such Third Party Services (Third Party Terms and Conditions) which are in addition to these Terms and Conditions and your use of any Third Party Services shall be deemed to be your unconditional acceptance of the Third Party Terms and Conditions. Each of the Third Party Service Providers shall issue invoices directly to the Consignor/Sender/Customer for the respective Third Party Services, and Porter shall not be responsible for issuance of such invoices unless expressly agreed otherwise.
7. Porter and/or its affiliates may, from time to time, introduce additional services which shall be governed by separate terms and conditions as may be made available from time to time on the Application or elsewhere. You may avail such new services upon accepting the relevant terms and conditions as may be applicable and any use of such additional services shall be deemed to be your acceptance of the relevant terms and conditions. Additionally, Porter and/or its affiliates reserve the right to modify, cancel, or discontinue any service(s), at its sole discretion, without any prior notice.
8. You accept and agree that Porter has been appointed as the collection agent of SmartShift Info for collection and recovery of amounts due to SmartShift Info. Should you avail any services offered by SmartShift Info, Porter may recover amounts due to SmartShift Info as its designated collection agent and you hereby accept and agree to such collection of amounts by Porter on behalf of SmartShift Info.
9. 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, including, without limitation, on payment of taxes and pay the prevailing charges and duties which shall form part of the invoice raised by Porter.
Grievance Officer / Nodal Officer
10. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, the details of the Grievance Officer/ Nodal Officer are as below:
Ashvin Alphonso
SmartShift Logistics Solutions Private Limited No. A-501, A-502, B-504, B-505 and B-506,
5th Floor, Universal Business Park, Chandivali, Andheri East, Mumbai,
Maharashtra 400072, India
Email ID: grievance.officer@theporter.in
Phone No: 02262684439
Time: Monday to Friday (9:00 to 17:00)
Governing Law and Dispute Resolution
11. These 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 the parties 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’ and ‘Packers and Movers’ below)
12. 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 [packermover@theporter.in](mailto:packermover@theporter.in) for Packers and Movers services and [help@theporter.in](mailto:help@theporter.in) for Transportation of Goods by Road services.
13. 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 Transportation of Goods by Road services, and damaged packaging, in case of Packers and Movers services, 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.
14. 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.
15. For ‘Transportation of Goods by Road’ and for ‘Packers and Movers’ Porter shall be liable for any loss or damage to the goods directly attributable to Porter or its agents only to the extent of ten times the freight amount paid or payable, provided the amount so calculated shall not exceed the value of the goods.
16. The Consignor/Customer hereby undertakes and agrees 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 in case of transportation of goods by two-wheeler and INR 5,000 (Rupees Five Thousand) for transportation of goods by three and four wheeler, the Consignor/Customer will necessarily obtain insurance coverage from point of origin to point of final destination at their own cost.
17. Porter shall have the right, at its sole discretion, to engage third-party service providers for the performance of the entire / part of the Services. The same does not alter the contractual relationship between Porter and the customer. Porter shall remain responsible for ensuring that the services are performed in accordance with these Terms and Conditions.
18. No commitment is made for time bound completion of service. Any time of arrival provided at booking / completion of Service is an estimate only and, there may be occasional delays for reasons outside Porter’s control. Porter shall not be liable for any loss arising from such delays.
19. The Customer shall specify the accurate details of the goods at the time of booking, including nature of goods, quantity, volume, specifications etc.
20. 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.
21. 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.
22. Under no circumstances will Porter or any of its directors, officers, employees, agents or contractors be liable to the Consignor/Customer or consignee for any indirect, incidental, consequential, special or exemplary losses or damages for insufficient provision of services, for any reason whatsoever. More particularly, Porter shall not be liable for any loss of income, profits, interests or other consequential losses.
23. 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.
24. Freight & Invoicing
The Freight, as determined by Porter, shall be displayed to the customer at the time of booking, and the customer’s confirmation of the booking shall constitute acceptance of such freight.
The Freight displayed and accepted at the time of booking is indicative, the final Freight shall be subject to variations based on factors such as actual distance travelled, duration of the trip, waiting time, and any other applicable charges, etc. The final Freight calculation will reflect these variations and will be communicated to the customer in the Application and on the Invoice upon the completion of service.
Porter shall issue an invoice-cum-consignment note or bill of supply-cum-consignment note, as applicable, upon completion of the transportation Services.
GST, where applicable, shall be payable by the consignor/customer under RCM for the transportation services. The consignor/consignee shall remain solely and absolutely liable for payment of such tax, regardless of whether the company has issued invoice or bill of supply.
Any other taxes, duties, levies or statutory charges applicable under law, whether existing or arising in the future in relation to the Services, shall be solely borne and discharged by the consignor/consignee,
25. Duties and Taxes
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 mechanism (RCM) services of transportation of goods rendered to the following customers/consignors:-
(a) any factory registered under or governed by the Factories Act, 1948 (63 of 1948);or
(b) any society registered under the Societies Registration Act, 1860 (21 of 1860\) or under any other law for the time being in force in any part of India; or
(c) any co-operative society established by or under any law; or
(d) any person registered under the Central Goods and Services Tax Act or the Integrated Goods and Services Tax Act or the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act; or
(e) any body corporate established, by or under any law; or
(f) any partnership firm whether registered or not under any law including association of persons; or
(g) any casual taxable person as defined under GST
Accordingly, in case the Consignor/Customer falls under any of the category of person stated above as per the information provided on the Application, the Consignor/Customer is liable to obtain registration and pay the GST at the rate of 5% or the rate applicable under the Central Goods and Services Tax Act, as amended time to time under RCM on the invoices raised by Porter.
Where the Consignor/Customer is registered under the GST regulations, the same should be intimated to Porter through the Application. Further, any change in status of GSTIN shall also be intimated to Porter prior to initiation of the service.
The Consignor/Customer who is not registered but falls under the category of person specified in clause above, must obtain registration and pay tax under RCM basis.
In case of any mis-declaration, non-declaration of GSTIN or registration status, non-obtaining of GST registration, the Consignor/Customer would be responsible for any liability imposed on Porter (along with applicable interest and penalty).
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 transportation, the Consignor shall be obligated to make any necessary or required changes in the Part-B of the E-way Bill, in a timely manner and furnish 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. Porter 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-way Bill from any tax / statutory authorities.
26. Notwithstanding any other remedy available to Porter, Porter shall have a lien over all goods/ consignments in its possession or under its control in respect of any sums due to Porter by the Consignor. Porter undertakes the responsibility to transport the goods safely in accordance with the agreed terms, subject to payment of consideration and compliance by the Consignor with these Terms and Conditions. Notwithstanding that Porter 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 Porter have been received by it. If the consignee does not accept the consignment 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-fulfillment of services 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 Porter. In case the transportation of goods is not completed within 48 (forty eight) hours from the date of tendering the consignment for transportation, then demurrage / warehouse charges at such other rates as may be fixed by Porter from time to time shall apply. Further, if the consignment is not received or claimed within 7 days from the date of tendering the consignment for transportation for the first time, then Porter shall have the right to proceed with the sale of the goods of the consignment to realize all its dues. Porter reserves the right to levy suitable demurrage / incidental charges for extended storage of such goods.
27. 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
28. Blocking of access: The Consignor/Customer acknowledges and agrees that Porter may deny 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.
29. Cash Payment Term:
If Consignor/Customer has opted for cash payment option, the Consignor/Customer must pay the full amount to the driver partner as reflected on the Application at the time of completion of the services. The payment received by the driver partner shall be deemed to received on behalf of Porter. Porter shall not be liable for any additional payment that the Consignor/Customer may choose to pay to the driver partner and the same is at the sole discretion of the Consignor/Customer. In case of non payment/ deficit payment, Porter shall be entitled to levy additional charges/ expenses, adjust/deduct amounts in the Porter Wallet, as the case may be, suspend the customer’s account or take legal actions, including for recovery of such payments from the Customer/ Consignor.
30. Cancellation:
All cancellations made after transport vehicle allotment may incur a cancellation fee basis Porter’s policies. The same if any shall be communicated at the time of cancellation
31. Discrepancy in Invoice Value:
Any discrepancy in invoice value should be brought to the attention of Porter within 7 days from completion of transaction. Beyond the expiry of this period, no such requests shall ordinarily be processed
TRANSPORTATION OF GOODS BY ROAD - TERMS AND CONDITIONS
1. The following terms and conditions relate to the Transportation of Goods by Road services provided by Porter. The Transportation of Goods by Road services may be undertaken by two wheelers, three wheelers or four wheelers for point-to-point transportation of goods. Consignors availing the Transportation of Goods by Road services provided by Porter agree to be bound by these terms and any other general or specific terms and conditions notified by Porter from time to time.
2. Consignors should adhere to following packaging instructions when availing Goods Transport by Road services:
2.1. Cover the goods completely, securing the ends with tape.
2.2. For fragile items, cover the same in bubble wrap ensuring corners and edges are well protected.
2.3. Use stretch wrap for items that might shift to keep them snugly in place.
2.4. 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.
2.5. While sealing, use strong tape designed for shipping, such as pressure-sensitive packing tape or water-activated tape.
2.6. Avoid using string instead of tape.
3. The Consignor understands that using Porter’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. Porter shall not be liable for any damage caused to goods due to poor packaging by the Consignor.
4. 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.
5. The Consignor is required to fill out all the accurate particulars of consignment and trip details into the Application while booking a consignment for transportation, all of these details constitute the ‘Goods Forwarding Note’.
6. Porter 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 before the commencement of the transportation.
7. The Consignor shall be solely and absolutely responsible for the goods transported through Porter, including the nature, type, condition, and legality of such goods. Consignor shall use Porter’s services only for lawful purposes and shall not commit any illegality or use Porter services for any unlawful purpose. The Consignor warrants to Porter 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 take full responsibility and also fully indemnify Porter and/or its agents for any loss, damages, costs, expenses, penalties, fines, liability thereof that may be incurred by Porter or its agents with regard to the said item or material.
8. It is expressly understood by the Consignor and Porter that all consignments agreed to be transported by Porter are on a “said-to-contain” basis i.e., Porter 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.
9. 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.
10. Porter 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 Porter and the Consignor, regarding the status of the consignment and obtain feedback from the Consignor / consignee regarding the said service only so as to improve the customer experience with Porter. Additionally, Porter may use the Consignor’s behavioral information reflected via usage of the Application by the Consignor, for its internal analysis and targeted marketing and the Consignor hereby agrees to such use by Porter.
11. Consignor agrees to indemnify and hold Porter and its agents harmless for any loss, damages, costs, expenses, penalties, fines, liabilities, of any nature whatsoever incurred or suffered by Porter and its agents due to any acts or omissions, breach of applicable law and/ or customer/ third party claims attributable to the Consignor.
12. The Consignor shall not book any consignment containing any of the following items (Restricted Items):
1. Pornographic Materials
2. Dry Ice
3. Human Body Parts
4. Explosives
5. Fire Arms
6. Flammables
7. Livestock
8. Pets & Animals
9. Dangerous Goods
10. Hazardous Goods
11. Illegal Goods
12. Radioactive Materials
13. Precious Jewelleries
14. Currencies & Coins
15. Stones and Gems
16. Gambling Devices
17. Lottery Tickets
18. Fire Extinguishers
19. Cigarettes & Alcohol
20. 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 and Conditions are made available or as otherwise notified to the Consignor.
13. 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). Porter is not licensed to carry Restricted Documents/Articles and shall have no liability in such cases if such documents are handed over for transportation by the Consignor.
14. 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, Porter or its agent have the right to report the same to the law enforcement authorities. Porter has a zero tolerance policy towards misuse of its services for transportation of illegal/ prohibited items.
15. Consignor is required to provide the accurate destination address(s) for transportation for all locations at the time of booking the consignment. For consignors opting for multi-stop feature, this includes every pickup and drop-off point.
16. Porter reserves its right to refuse the booking of any consignment without assigning any reason whatsoever.
17. 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 driver partner of Porter shall display the consignment to such authorities. In the event any regulatory authorities levy any penalties/ fines to the driver partner / Porter due to any acts of the Consignor which are contrary to any applicable laws, rules, regulations, guidelines, the Consignor undertakes to indemnify Porter.
18. When loading the vehicle prior to transportation, the Consignor agrees not to exceed the weight and size details, if any, 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 Porter’s guidelines and applicable laws pertaining to maximum weight/ size of goods allowed to be transported through a particular vehicle. We have the right to reject any goods which exceed the weight and size specified at the time of booking.
19. The Consignor understands and agrees that the consignee of the goods should be available at the drop-off location at the time communicated for receipt of the goods. In the event the consignee is not available at the drop-off location or refuses to accept the goods, 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 Porter 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, Porter reserves the right to levy suitable demurrage / incidental charges for extended storage of such products.
20. Consignments cannot be dropped at PO boxes or postal codes. Consignments are transported 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 transported to that area only. We do not provide door step services.
21. 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 additionally for the same, by including it in the freight charged for the transportation services.
22. Porter 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.
23. If you choose to avail the services of Load Assist, the following conditions will be applicable:
23.1 Packaging, Assembly-Disassembly, Dismantling & Rope Pulling of goods are not included.
23.2 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 Porter does not offer these services.
23.3 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.
24. Porter shall not be liable for any deficiency in the transportation services, including for any delay in pickup, or non-fulfillment or loss or damage to it 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 Porter.
25. Directors, owners, partners and shareholders of Porter 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 Porter or of its channel partners or of its driver partners.
26. The following terms and conditions relate to the part truck load transportation services provided by Porter as part of the Transportation of Goods by Road services and are in addition to any other terms and conditions contained herein. Part Truck Load transportation services may be undertaken only by four wheelers. Consignors availing the part truck load transportation services provided by Porter agree to be bound by the below terms and any other general or specific terms and conditions notified by Porter from time to time:
26.1. In case of any deviation in the charges as referred to in the General Terms and Conditions, a revised quotation will be provided, which the Consignor must accept in order to proceed with the order. Should the Consignor have any queries regarding the quotation / revised quotation, the Consignor may contact us by calling 02261616666.
26.2. Consignors shall ensure that the consignment shall not exceed a cumulative weight of 3,000 kg.
26.3. Consignor may make a booking in advance based on the time slots displayed by Porter. Once the Consignor has made a booking, Porter endeavours to share details of the vehicle prior to the scheduled pickup time and the vehicle shall arrive at the pickup location within the time slot mentioned in the Application.
26.4. Should the Consignor wish to cancel the order prior to allocation of vehicle, Consignor may contact Porter on 02261616666 to request cancellation. However, any cancellation once the vehicle is allocated may incur a cancellation fee basis Porter’s policies and shall be communicated at the time of cancellation.
26.5. Porter does not provide any packaging services, and the Consignor shall be solely responsible in ensuring that the consignment is packed according to Clause 2 of the Transportation of Goods by Road \- Terms and Conditions. Porter shall not be liable for any damage caused to goods due to poor packaging by the Consignor.
26.6. The Consignor shall be required to clearly identify, label, and demarcate each item forming part of the consignment prior to loading the same in the vehicle. Porter shall not be liable for any loss, damage caused to the consignment on account of the Consignor’s failure to appropriately demarcate the goods forming part of the consignment or failure to provide necessary documents.
26.7. PORTER shall allocate the vehicle as deemed fit by it at its sole discretion and the Consignor shall not have any objections as to the nature/type of the vehicle. Consignor shall be solely responsible for loading and unloading the consignment themselves.
26.8. Please note that any time of arrival provided at booking / completion of service is an estimate only based on the distance, traffic conditions etc. and may change based on change in these factors or factors outside Porter’s control, including, but not limited to, no entry hours in certain areas, festival days, peak days, restricted movement regulations, limited availability of supply etc., Consignor accepts and agrees that Porter shall not be liable for any loss arising from such delays.
26.9. Upon completion of the order and once the consignment is transported, payment shall be made by the Consignee directly to the driver partner. Porter reserves the right to change the manner of payment from time to time and the same shall be either as updated in the Application or else as mentioned herein.
26.10. In the event the driver partner demands for payment prior to unloading the goods, Consignor may inform the same to Porter within 24 hrs. Upon receiving such intimation, Porter may review the same and take such action as deemed fit by it, if required.
26.11. In the event of any incorrect transportation of the consignment or if the Consignor receives any goods belonging to any other person, the Consignor shall inform the same to Porter within 48 hours from the date of receipt of the consignment.
27. The following terms and conditions relate to the Porter for Enterprise services provided by Porter to Enterprise Customers and shall be in addition to the General Terms and Conditions and the Transportation of Goods by Road – Terms and Conditions and shall be binding on all Enterprise Customers:
27.1. Enterprise Customers shall be required to enroll themselves, by duly filling and submitting the enrolment form and register on the Application, to avail Porter’s services.
27.2. Enterprise Customers shall provide to Porter the name(s), mobile number(s), and such other details of their personnel who may register on the Application and avail the Porter For Enterprise services on behalf of the Enterprise Customer. These details shall be provided to Porter in such manner as intimated by Porter from time to time. The Enterprise Customer hereby consents to the mobile number(s) being shared with Porter’s affiliates for enabling the Enterprise Customer to access the services on the Application. It is hereby clarified that collection, use, disclosure and protection of such information shall be in accordance with the Privacy Policy(ies) available on the Application. Further, Enterprise Customers represent and warrant that they are fully responsible for the acts and omissions of any individuals they designate to use Porter’s services.
27.3. Porter may, on the request of the Enterprise Customers and basis its internal policies, allow certain Enterprise Customers to avail the PFE services up to a certain mutually agreed amount for which payment may be made on a consolidated basis within the period as intimated by Porter from time to time. The Enterprise Customers accept and agree that the aforementioned facility shall be provided at Porter’s sole discretion and subject to the following:
27.3.1. In the event the Enterprise Customer has availed the PFE services up to the pre-determined amount and seeks to avail further PFE services, the Enterprise Customer may only do so on making payments for the PFE services already availed.Notwithstanding the date of invoicing, if any, as agreed between Porter and the Enterprise Customer availing the aforementioned facility, the Enterprise Customer hereby accepts and agrees that Porter may, from time to time, call upon the Enterprise Customer to make payment of all sums due from the Enterprise Customer for the PFE services consumed by them and the Enterprise Customer hereby agrees to make such payments within 15 (fifteen) days from the date of receipt of such notice from Porter, without any protest or demur.
27.3.2. Porter may include in the statement of accounts shared with the Enterprise Customer, all amounts assigned to Porter by SmartShift Info for collection from the Enterprise Customer.
27.3.3. Notwithstanding anything contained herein, Porter may, at its sole discretion and for such temporary period as determined by it, extend the aforementioned facility to Enterprise Customers. On the expiry of such period, any payments due to Porter or SmartShift Info, which remain unpaid at such time shall be adjusted/deducted from the Porter Wallet. In the event sufficient amounts are not available in the Porter Wallet, the Customer may avail further services only upon ensuring availability of sufficient amounts in the Porter Wallet.
27.4. All actions taken including any services availed through the Enterprise Customers’ Porter account or using the registered mobile numbers provided by Enterprise Customers, including the use of the Porter Wallet, shall be that deemed to have been duly authorized by the Enterprise Customer. The Enterprise Customer shall be solely responsible for maintaining the confidentiality and security of its Porter account. Porter shall not be liable for any loss, damage, cost or expense arising out of or in connection with any unauthorized use or misuse of the Enterprise Customer’s account.
27.5. It shall be Enterprise Customer’s sole responsibility to intimate Porter of any changes to its authorised personnel/registered mobile numbers and Porter shall not be liable for any loss or damage caused to the Enterprise Customers on account of the Enterprise Customer’s failure to do so.
27.6. Based on mutual discussions with Porter, Enterprise Customers may obtain access to a dashboard containing details of services availed by them in such manner and form as shall be decided in Porter’s sole discretion.
27.7. Where the Enterprise Customer utilizes the digital ledger made available by Porter from time to time (“Porter Wallet”), the Enterprise Customer agrees and accepts that any amounts as available in the Porter Wallet may be adjusted/paid towards amounts due to Porter and/or for any Third Party Services availed.
27.8. Enterprise Customers grant in favor of Porter, a limited, world-wide, non-exclusive, royalty-free right to use the name, trade names, trademarks, logo and images of the Enterprise Customers for any marketing, advertising and promotional activities.
27.9. Enterprise Customers hereby permit Porter to share any confidential information pertaining to the Enterprise Customer received, with any of its affiliates, for the purpose of providing the PFE services (including Third Party Services).
27.10. Enterprise Customers shall at all times maintain sufficient funds at its disposal to meet its payment obligations in relation to the PFE services and Third Party Services.
27.11. Porter shall be entitled to forthwith suspend the Enterprise Customer’s account and restrict the Enterprise Customer’s access to the dashboard or the Application in case the Enterprise Customer fails to pay any fees / payments in terms of these Terms and Conditions. Such suspension / termination shall be without prejudice to any other rights and remedies available to Porter at law or in equity.
27.12. Enterprise Customers shall not assign, transfer, or delegate any of its rights and/or obligations under these Terms and Conditions without the prior written consent of Porter, which consent would not be unreasonably withheld or delayed. Any attempted assignment, transfer, or other conveyance in violation of the foregoing shall be null and void. Porter shall be free to assign its rights and/or obligations under these Terms and Conditions or in relation to the services.
PACKERS AND MOVERS SERVICES - TERMS AND CONDITIONS
1. The following terms relate to packers and movers services provided by Porter. Customers availing the packers and movers services provided by Porter agree to be bound by these terms and any other general terms and conditions notified by Porter from time to time.
2. In the below terms and conditions, usage of the following words will have the following meaning:
Article means each separate item carried or moved by Porter. For the avoidance of doubt, where two or more objects are packed together in one carton, such items packed in a carton shall cumulatively be one Article.
Customer means the person contracting with Porter to provide the Services, whether or not they are the owner of the Goods.
Goods means the thing or things in relation to which Packers and Movers Services are to be provided but excluding coins, cash, bank notes cheques, money orders, postal orders, national saving certificates, premium bonds, travel tickets, passport, securities, manuscripts or documents of any description, Jewellery, perishable goods, hazardous materials like Crackers, Explosives, Chemicals, Filled Gas Cylinders, Battery Acids, Inflammable Oils; such as Diesel, Petrol, Kerosene, Gasoline, Narcotics & Contraband items and other items prohibited under law.
Packing Material shall mean Film roll, bubble wrap, foam sheet, carton box, corrugated boxes or any other such material used for packing the goods. .
Peak Days shall mean any day(s) between 28th of a calendar month to the 3rd of the following month, weekends, national holidays as well as auspicious days.
Quotation means the proposal shared by Porter to the Customer with the proposed order cost and other terms and conditions shall be set out.
3. Subject to the terms of the Quotation, Porter agrees to provide the following services, to its Customers:
Packers and Movers Services: (a) collect the goods from the location designated by the Customer; (b) pack the Goods as appropriate by way of either single layer packing or multi layer packing as agreed between Porter and the Customers; and (c) transport the Goods to the location designated by the Customer.
4. The Services are provided between 6 a.m. and 6 p.m. from Monday to Friday, excluding public holidays. Unless otherwise agreed by Porter, upon payment of surcharge, Porter does not normally perform the Services on Saturday, Sunday, Peak Days or any public holiday. Where the Services are not completed within the normal working hours on the dates stipulated in the quotation, Porter may, upon the request of the Customer, continue to perform the Services beyond the normal working hours for a surcharge or carry on the Services on subsequent dates to be agreed with the Customer at an extra charge.
5. Any Quotation submitted by Porter may be accepted by the Customer on the Application or by either signing and returning the acceptance form attached to the Quotation, or by instructing Porter to perform the Services pursuant to the terms of the Quotation. The Quotation may be withdrawn or revised by Porter prior to acceptance. Any Quotation will be based upon the details provided to Porter by the Customer as regards the Services requested by the Customer in relation thereto. If any such detail provided by the Customer is incorrect, Porter can adjust its charges accordingly.
6. Once accepted, the Quotation and all the terms therein shall be binding. In so far as the term or terms of the Quotation are inconsistent with the terms herein, the terms of the Quotation shall prevail to the extent of the inconsistency. If the Customer wishes to cancel or terminate the Contract before its full performance by Porter, the Customer shall be liable to pay a cancellation or early termination charge as specified in the Quotation to compensate Porter for any loss it shall sustain by reason of such cancellation or early termination. Such charge shall be without prejudice to any rights that Porter may have against the Customer in relation to such early termination.
7. Porter, to the exclusion of the Customer, shall decide how the Services are to be provided, and may vary its decision from time to time.
8. Any period of time within which Porter is to perform any part of the Services is an estimate only, and whilst Porter will use all reasonable endeavours to perform the Services at and within the agreed time, it shall not be liable for any loss or damage whatsoever (whether direct, indirect or consequential) arising from a failure to do so.
9. The Customer shall ensure that adequate access is available to all relevant premises for the purpose of performing the Services.
10. The Customer shall: 1) in respect of the Packers and Movers Services, promptly supply Porter with any information concerning the nature of the Goods which Porter may request; 2) in relation to the Goods, comply with all applicable laws, regulations and requirements relevant to Porter’s provision of the Packers and Movers Services; 3) not submit any Goods which are or include any dangerous, explosive, corrosive or other substance harmful to either person or the property of Porter or of others.
The Customer agrees that if any Goods are submitted in contravention of this paragraph and loss or damage is thereby caused to Porter or its partner (whether directly or indirectly), the Customer will indemnify Porter or its partner against such loss or damage.
11. While rendering the Packers and Movers Services, Porter’s charges would not include:
1) split pickup / multiple pickup and/or deliveries;
2) plant removals from the ground / crating of any item if not mentioned in the respective Quotation;
3) long carry society/elevator charges and parking charges;
4) vehicle detention, if any;
5) storage in transit;
6) any Government taxes or Octroi/ Mathadi /Toll / Entry Tax/Labor Union Charges in any state, if applicable;
7) collection or transportation using stairs above second floor (if service lift not provided); and
8) special handling charges for items which cannot be accessed through elevator (hoisting/stair carry).
12. Porter reserves rights to pick the re-usable Packing Material. If the Customer does not return the re-usable Packing Material on the day of the completion of service, and retains the same, the Customer will be charged for the re-usable Packing Material.
13. Porter shall, as soon as is practical after receiving the Goods, provide the Customer with a list of items packed for validation. The list shall not specify the contents of any closed container and shall not validate if the Goods are in good, or any particular, state or condition. Customer should validate the list and all items packed.
14. Customer should ensure that a representative is present at the site of packing and drop off to review and validate the list of items. Customer should not hurry or interfere in the process unnecessarily.
15. In consideration of the provision of the Services by Porter, the Customer shall pay to Porter:
1) such charges for the Services as quoted in the Quotation;
2) any out of pocket expenses incurred by Porter in the provision of the Services; and
3) any additional charges which are incurred by Porter by reason of the Customer having altered his/her instructions to Porter in relation to the Services.
16. Notwithstanding anything to the contrary herein, in respect of the Packers and Movers Services, Porter shall in no event be liable (whether in negligence or under contract) for: 1) loss or damage caused by any event of force majeure including, without limitation, storm, fire, flood, explosion, theft, acts done with malicious intent by any person, or any other event outside the control of Porter; 2) loss or damage arising from the natural deterioration of the Goods; 3) loss or damage arising from any act or omission of the Customer or any other person acting on the Customer’s behalf including a failure to declare or false declaration of value (and so that the Customer shall indemnify Porter accordingly); 4) any other loss or damage of whatever nature, including but not limited to any loss of or damage to any internal parts of any object, unless the Customer is able to prove that the same is directly attributable to the negligence of Porter.
17. No liability for damage to Goods will be accepted by Porter unless Porter has been given a reasonable opportunity to inspect such damage. Claims if any, should be lodged within 24 hours from the date of completion of services in writing and would be entertained by either the third-party insurance agent or Porter depending on what has been opted by the Customer at the time of the booking. In the case where the Customer has opted for a third-party insurance, only the third-party insurance company shall be liable for such claims and not Porter, under any circumstances.
18. The Customer undertakes that no claim shall be made against any employee or agent of Porter which imposes or attempts to impose upon them (i.e any employee or agent of Porter) any liability whatsoever in connection with the Services and, if any such claim should nevertheless be made to indemnify Porter against all consequences thereof. Without prejudice to the foregoing, all such employees or agents shall have the benefit of all provisions herein as if such provisions were expressly for their benefit.
19. Payment should be done prior to packing / dispatch by UPI/ cash/ online transfer/ other permitted means as applicable. In any case if the payment is not cleared before completion of service, Porter reserves the right to retain the goods till the complete payment is received.
20. During any transit, Porter shall be permitted to open and display any items should it be required to do so by law enforcement or police authorities.