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TERMS OF SERVICE

SIMSPL 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

Consignments entrusted to Smartshift Logistics Solutions 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;
All India Courier; and
Packers and Movers.

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, All India Courier and Packers & Movers below, depending on the services availed by them.
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.

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 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

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’ and ‘Packers and Movers’ below)

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 for packers and movers service and help@theporter.in for Goods Transport service. 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 and damaged packaging or goods 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.
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.
For ‘Goods Transport by two-wheeler delivery’, Porter shall be liable for any loss or damage to the goods directly attributable to Porter 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), whichever is lower.
For ‘Goods Transport by truck delivery’, Porter shall be liable for any loss or damage to the goods directly attributable to Porter 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 5,000 (Indian Rupees Five Thousand), whichever is lower.
For the ‘Packers and Movers model’, Porter shall be liable for any loss, theft or damage directly attributable to Porter or its agents of (i) goods which have been packed in a single layer packaging, to the extent of INR 1,500 (Indian Rupees One Thousand Five Hundred) or the value of the goods, whichever is lower; and (ii) goods which have been packed in multi-layer packaging, to the extent of INR 5,000 (Indian Rupees Five Thousand) or the value of the goods, 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) in case of two-wheeler delivery and INR 5,000 (Rupees Five Thousand) for three and four-wheeler delivery, 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 reasons 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, the logistics-related costs or charges, the declared value of goods, or statutory/legal responsibilities of such goods.
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, 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 may be 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 Consignor/Customer has opted for 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.
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 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.

GOODS TRANSPORT BY ROAD - TERMS AND CONDITIONS

The following terms and conditions relate to the Goods Transport services provided by Porter. Goods Transport services may be undertaken by two wheelers, three wheelers or four wheelers. Consignors availing the Goods Transport 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.
Consignors should adhere to following packaging instructions when availing Goods Transport services:
Cover the goods completely, securing the ends with tape.
For fragile items, cover the same in bubble wrap ensuring corners and edges are well protected.
Use stretch wrap for items that might shift to keep them snugly in place.
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.
While sealing use strong tape designed for shipping, such as pressure-sensitive packing tape or water-activated tape.
Avoid using string instead of tape.
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.
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’.
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.
The Consignor is responsible for all goods transported through Porter. Consignor will only use Porter services for legal 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 fully indemnify Porter and/or its agents for any loss, damages, costs, expenses, penalties, fines, liability thereof that may be incurred by Porter or agents with regard to the said item or material.
It is expressly understood by the Consignor and Porter that all consignments agreed to be delivered 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.
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.
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 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 Porter. Additionally, Porter may use the Consignor’s behavioural information reflected via usage of the Porter app by the Consignor, for its internal analysis and targeted marketing and the Consignor hereby agrees to such use by Porter.
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.
The Consignor shall not book any consignment containing any of the following items (“Restricted Items”):
Pornographic Materials
Dry Ice
Human Body Parts
Explosives
Fire Arms
Flammables
Livestock
Pets & Animals
Dangerous Goods
Hazardous Goods
Illegal Goods
Radioactive Materials
Precious Jewelleries
Currencies & Coins
Stones and Gems
Gambling Devices
Lottery Tickets
Fire Extinguishers
Cigarettes & Alchohols
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. 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 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, Porter or its agent has 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.
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.
Porter 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 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.
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 Porter’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 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.
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.
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.
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 Porter 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.

24.Porter shall not be liable for any delay in pickup, mis-delivery, non-delivery 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.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 Porter’s control. Porter shall not be liable for any loss arising from such delays..

26.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.

27.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. 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-waybill from any tax / statutory authorities.

28.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. 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 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 Porter. 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 Porter 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 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.

Enterprise customers who avail Porter’s services through API integration shall also be subject to these Porter terms and conditions.
The following terms and conditions relate to the Part Truck Load services provided by Porter as part of the Goods Transport services and are in addition to the General Terms and Conditions and the Goods Transport by Road Terms and Conditions as detailed above. Part Truck Load services may be undertaken only by four wheelers. Consignors availing the Part Truck Load 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:

30.1In case of any deviation in the charges as referred in para 26 of 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.

30.2Consignors shall ensure that the consignment shall not exceed a cumulative weight of 3,000 kg. 30.3Consignor 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 Porter mobile application. 30.4Should the Consignor wish to cancel the order at the time of pick-up, Consignor may contact Porter 02261616666 to request for cancellation. However, any cancellation once the driver is allocated may incur a cancellation fee basis company policies and shall be communicated at the time of cancellation.

30.5Porter 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 Good Transport by Roads - Terms and Conditions. Porter shall not be liable for any damage caused to goods due to poor packaging by the Consignor. 30.6The 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. Further, the Consignor shall submit all necessary documents, including, without limitation, E-waybill and invoice and other permits, licenses, approvals necessary for the transport of the consignment. 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.

30.7PORTER 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.

30.8Please note that any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reasons 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.

30.9Upon completion of the order and once the consignment is delivered, 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 Porter mobile application or else as mentioned herein.

        30.10  	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.


     


        30.11  	In the event of any incorrect delivery 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 delivery of the consignment.

The following terms relate to All India Courier services provided by Porter. Users availing the All India Courier 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. Porter may provide these services by itself or in association with third party service providers.
With respect to All India Couriers, the Sender acknowledges that, they have read, understood and agreed to the terms and conditions of the third parties whose services are engaged by the Sender in relation to any services availed on the Platform of Porter. The Sender warrants that they are the owner or the authorized agent of the owner of the parcels transported and are authorised to accept the terms and conditions herein.

Packaging the goods appropriately is the responsibility of the Sender. Sender should ensure goods are packaged in a manner which can withstand reasonable care and handling. The Sender should adhere to following packaging instructions when availing the All India Courier services:

    (i)The items shall be packed using carton boxes and the same shall be sealed using proper packaging tapes.


    (ii)Documents shall be packed using the envelopes with proper sealing.


    (iii)Do not use damaged or old boxes for packaging.


    (iv)Remove any old labels or barcodes.


    (v)Avoid using low quality adhesive tapes, kraft paper tape, cellophane, masking tapes and springs or ropes.


    (vi)  Only one box/envelope is allowed per AWB number.


    (vii) In case the shipment is inappropriately packed and/or it contains any of the prohibited items to the knowledge of Porter, the shipment may be flagged as rejected by the pickup person assigned with such tasks.


    (viii)The maximum allowable size of the shipment while using these services is 100,000 cubic cms.

The Sender is required to fill out the particulars of the parcel while booking a parcel for delivery.
The Sender warrants to Porter that the description of the parcel as noted at the time of booking on the **app **conforms accurately to the actual content thereof and it does not contravene the provisions of any applicable law. The Sender shall remain solely liable for any consequences arising out of any false or wrongful declaration.
The Sender shall provide complete and accurate address of the Sender and the Recipient along with valid contact telephone numbers and correct Postal Index Number (PIN code). Any service failure arising out of any defect in such details shall be at the sole responsibility and at risk of the Sender.
Notwithstanding any other remedy available to Porter, Porter shall have a lien over all parcels in its possession or under its control in respect of any sums due to Porter by the Sender. Notwithstanding that Porter shall have a lien over any parcel, the Sender shall continue to be liable for any and all charges arising from the provision of the services provided by Porter until all sums due to Porter have been received by it. If the Recipient does not take delivery of the parcel or it remains undelivered due to any reason such as wrong or incomplete address or refusal by the Recipient to pay any applicable duties / taxes / charges or containing prohibited items or if the packaging of a parcel is damaged to the extent that repacking is not possible resulting in non delivery or the parcel is found as likely to cause damage to other goods or cause injury to individuals, then the Sender shall still be liable to pay freight charges and all other dues and charges to Porter. In case the parcel remains undelivered after 3 (three) delivery attempts from the date of tendering the parcel for delivery, then demurrage / warehouse charges at the rate of 0.1% (zero point one percent) of the parcel invoice value per day will be charged or at such other rates as may be fixed by Porter from time to time. Further, if the parcel is not received or claimed within 15 days from the date of tendering the parcel for delivery for the first time, then Porter shall have the right to proceed with the sale of the goods to realize all its dues. Additionally, case of non-acceptance of the return to origin (“RTO”) parcel by the Sender or in case the Sender is not reachable for RTO parcel, Porter reserves the right to levy suitable demurrage / incidental charges for extended storage of such parcel.
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 authorized agents
Parcels cannot be delivered to PO boxes or postal codes. Parcels will be delivered to the Recipient’s address as provided by the Sender but not necessarily to the named Recipient personally. Parcels to addresses with a central receiving area will be delivered to that area only.
Pickup of parcels will not be available on Sundays or public holidays.
Parcels with a declared value exceeding INR 49,999 (Rupees Forty Nine Thousand Nine Hundred Ninety Nine) cannot be shipped via Porter..
Parcels with incorrect weight and dimensions would go on hold and would affect the actual delivery date. Porter shall not be liable for any losses incurred due to parcels kept on hold because of incorrect weight and dimensions.
It is expressly understood by the Sender and Porter that all parcels agreed to be delivered 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 parcels declared by the Sender. The Sender shall undertake to make proper, true, fair, correct and factual declaration regarding description and value of parcels.
Porter shall have the right but not an obligation to open / inspect the parcels at the time of booking or during transit.
Porter will use the Sender / Recipient / booking customer information as shared with it, to update and inform the Sender / Recipient through SMS, push notifications, WhatsApp and/ or email or any other form of communication as may be mutually decided between Porter and the Sender, regarding the pickup and delivery status of the product / goods, returns and weight discrepancy and obtain feedback from the Sender / Recipient regarding the said service only so as to improve the customer experience with Porter.
All parcels are booked by Porter in good faith in respect of the contents thereof. The parcels shall not contain any items or materials which are prohibited/ banned, dangerous, hazardous or considered contraband by any applicable law. If the parcel contain any such items or material, the Sender agrees and undertakes to fully indemnify Porter, third party service providers or its agent for any loss, damages, costs, expenses, penalties, fines, liability thereof by Porter, third party service providers or its agent with regard to the said item or material.
The Sender agrees to indemnify and hold Porter harmless for any loss, damages, costs, expenses, penalties, fines, liabilities, of any nature whatsoever incurred or suffered by Porter due to any acts or omissions, breach of applicable law and/ or customer/ third party claims solely attributable to the Sender.

The Sender shall not book any parcel 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 & Alcohol


   (xx)Narcotics and Illegal Drugs

The Sender acknowledges that the above list may be updated from time to time either at https://porter.in/terms-of-service where these terms are made available or as otherwise notified to the Sender.

Further, Senders will not hand over any original documents 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”). Porter is not licensed to carry Restricted Documents and shall have no liability in such cases if such documents are handed over for delivery by the Sender.
In the event Porter or its agents or third party service providers becomes aware that the Sender is using, or used the service to transport any illegal or unlawful or prohibited items as mentioned above or which is otherwise restricted under any applicable law, Porter, or its agents or third party service providers has the right to report the same to the law enforcement authorities.
The Parcel to be moved:

(i)Cannot exceed 15 kg in volumetric weight.

(ii)Cannot exceed 75 cm x 75 cm x 75 cm in dimensions.

(iii) The contents of the parcel should be permitted for express movement.

(iv) Cannot contain any Notified Items or Restricted Documents. If these items i.e., any Notified Items or Restricted Documents are found in the parcel booked for road movement, the items might be forfeited or disposed of otherwise without any prior notification obligation or liability of Porter.

The Sender shall provide the actual weight along with the Length, Breadth and Height at the time of booking. The volumetric weight is calculated by inputting the {Length(cms) X Breadth(cms) X Height(cms)}/5000. The highest amongst the actual weight and the volumetric weight will be considered for price calculation.
The estimated date of delivery (“EDD”) shown while booking any standard delivery may vary due to operational challenges.. 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 estimated date of delivery (“EDD”) shown while booking express deliveries /priority services/ super-fast deliveries may also vary due to challenges beyond our control. 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
Delivery address cannot be updated once the parcel leaves the city of origin. However, the Sender can change contact details if duly communicated to Porter through the support ID. Any change in such information may lead to increasing the delivery timelines which will be the sole liability and responsibility of the Sender.
Porter reserves its right to refuse the booking of any parcel without assigning any reason whatsoever.
In case of 6 (six) failed pickup attempts for inter-state courier services, the pick-up request will be cancelled by Porter and the refund will be processed to the original mode of payment by Porter subject to the bank’s refund guidelines.
In the event, during transit of the Sender’s parcel from pick-up location to drop-off location or while undertaking courier services, if the police or other law enforcement agencies demand display of the items in the parcel for verification, the third party service providers or delivery agents of Porter shall have the right to display the items in the parcel to such authorities.
The Sender understands and agrees that the Recipient of the parcel should be available at the drop-off location at the time communicated for delivery of the items. In the event the Recipient is not available at the drop-off location or refuses to take delivery or cannot be located by the delivery agent of Porter, the Sender will receive a notification either through the App and/or SMS and/ or a phone call (“Delivery Failed Message”). On receipt of Delivery Failed Message, it shall be the Sender’s responsibility to take re-delivery of the parcel at the identified location on payment of additional cost which may be communicated by Porter. In the event the Sender refuses to pay the cost of re-transportation or re-delivery of the parcel for which a Delivery Failed Message has been sent to the Sender, the Sender hereby authorizes Porter to hold the parcel in lieu of its claim of re-transportation of the parcel and subject to payment of the said amount release the items in the Sender’s favour.

The Recipient may authorize Porter and Porter may agree to the following:

    (i)To leave parcels without signing the acknowledgment of receipt at the delivery address due to the unavailability of any individual to collect the parcels; or


    (ii)To deliver in the letterbox/locker box. In such cases, Porter will provide proof of delivery, on request, and will not be held liable for any loss or damage of any parcel.

Porter shall not be liable for any delay in pickup, mis-delivery, non-delivery or loss or damage to it caused on account of an act of God, force majeure and or circumstances like strikes, riots, political and other disturbances or accidental fire, accident of vehicle carrying the parcels explosions or any other cause reasonably beyond the control of Porter.
If the actual weight of the parcel is found to be more than the designated value mentioned at the time of booking, Porter may contact the Sender to collect the deficit amount. Porter will be at liberty to return the parcel if Porter does not hear from the Sender or the balance payment is not made within 36 (thirty six) hours after receiving the payment link by the Sender. The decision of Porter in this regard will be final and binding.
Items deemed unfit for air movement are prohibited from being booked for delivery via air and the same cannot be delivered by Porter via air.
All refund concerns should be raised within 24 (twenty four) hours of delivery of the parcel or the shipment status changing to delivered. Once the claim is registered, the Sender to provide the GST invoices of the lost or damaged items in parcel within 48 (forty eight) hours. The Sender acknowledges the following limits in respect of Porter’s liability:

<table> <tr> <td> Nature of claim </td> <td> Maximum compensation/refund </td> </tr> <tr> <td> External and in-transit damage/loss/wrong article delivered </td> <td> Claim for refund shall be lower of:

(i) INR 5000 (Rupees Five Thousand); or (ii) value of the articles declared at the time of booking

</td> </tr> <tr> <td> Internaldamage/ missingarticle delivered </td> <td> Claim for refund shall be lower of:

(i) INR 2500; (Rupees Two Thousand Five Hundred); or

(ii) value of the articles declared at the time of

booking.

</td> </tr> <tr> <td> External damage/ wrong article delivered which have been OTP verified </td> <td> No claim for refund shall be entertained </td> </tr> <tr> <td> External damage/ wrong articles delivered which are not OTP verified and invoice for such delivery is available </td> <td> Claim for refund shall be lower of:

(i) INR 5000 (Rupees Five Thousand); or (ii) value of the articles declared at the time of booking.

</td> </tr> <tr> <td> External damage/ wrong articles delivered which are not OTP verified and invoice for such delivery is not available </td> <td> Claim for refund shall be lower of:

(i) INR 500 (Rupees Five Thousand); or

(ii) value of the articles declared at the time of booking.

</td> </tr> <tr> <td> Internal damage/ missing articles delivered for which invoice is available </td> <td> Claim for refund shall be lower of:

(i) INR 2500; (Rupees Two Thousand Five Hundred); or

</td> </tr> </table> <table> <tr> <td> </td> <td> (ii) value of the articles declared at the time of booking. </td> </tr> <tr> <td> Internal damage/ missing articles delivered for which invoice is not available </td> <td> Claim for refund shall be lower of:

(i) INR 500 (Rupees Five Thousand); or

(ii) value of the articles declared at the time of booking.

</td> </tr> <tr> <td> Lost/ in-transit damage to articles for which invoice is available. </td> <td> Claim for refund shall be lower of:

(i) INR 5000 (Rupees Five Thousand); or

(ii) value of the articles declared at the time of booking.

</td> </tr> <tr> <td> Lost/ in-transit damage to articles for which invoice is not available. </td> <td> Claim for refund shall be lower of:

(i) INR 500 (Rupees Five Thousand); or

(ii) value of the articles declared at the time of booking.

</td> </tr> <tr> <td> Articles sent but form part of Prohibited Items </td> <td> No claim for refund shall be entertained. </td> </tr> </table>

The following terms relate to packers and movers services provided by Porter. These services are rendered in association with third party vendors. 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.
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.
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.
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.
Any Quotation submitted by Porter may be accepted by the Customer on the App 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.
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.
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.
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.
The Customer shall ensure that adequate access is available to all relevant premises for the purpose of performing the Services.

The Customer shall:

   (i)in respect of the Packers and Movers Services, promptly supply Porter with any information concerning the nature of the Goods which Porter may request;


   (ii)in relation to the Goods, comply with all applicable laws, regulations and requirements relevant to Porter’s provision of the Packers and Movers Services;


   (iii)  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.

While rendering the Packers and Movers Services, Porter’s charges would not include:

    (i)split pickup / multiple pickup and/or deliveries;


    (ii)plant removals from the ground / crating of any item if not mentioned in the respective Quotation;


    (iii)long carry society/elevator charges and parking charges;


    (iv)vehicle detention, if any;


    (v)storage in transit;


    (vi)any Government taxes or Octroi/ Mathadi /Toll / Entry Tax/Labor Union Charges in any state, if applicable;


    (vii)collection or delivery using stairs above second floor (if service lift not provided); and


    (viii)special handling charges for items which cannot be accessed through elevator (hoisting/stair carry).

Porter reserves rights to pick the Packing Material. If the Customer does not return the Packing Material on the day of the delivery, and retains the same, the Customer will be charged for the Packing Material at the rate of INR 70 (Rupees Seventy) per carton.
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.
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.

In consideration of the provision of the Services by Porter, the Customer shall pay to Porter:

  (i)such charges for the Services as quoted in the Quotation;


  (ii)any out of pocket expenses incurred by Porter in the provision of the Services; and


  (iii)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.

Notwithstanding any other remedy available to Porter, Porter shall have a lien over all Goods in its possession or under its control in respect of any sums due to Porter by the Customer. Notwithstanding that Porter shall have a lien over any Goods, the Customer 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 Porter exercises its right of lien on the Goods and such lien is not discharged within [1 (one)] month, then Porter shall be irrevocably authorised to sell or otherwise dispose of all or any of the Goods subject to the lien and apply the proceeds in or towards payment of the sums due to Porter, without notice being required to be given to the Customer. In case of the Goods remains undelivered beyond 48 (forty eight) hours from the date of delivery, then demurrage / warehouse charges at such other rates as may be fixed by Porter from time to time. Further, if the Goods are not received or claimed within 7 (seven) days from the date of tendering the Goods for delivery for the first time, then Porter shall have the right to proceed with the sale of the Goods to realize all its dues. Porter reserves the right to levy suitable demurrage / incidental charges for extended storage of such Goods.

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:

    (i)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;


    (ii)loss or damage arising from the natural deterioration of the Goods;


    (iii)  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);


    (iv)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.

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 delivery *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.
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.
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 delivery, Porter reserves the right to withhold the delivery till the complete payment is received.
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.