Porter Technologies FZCO

Terms of Service

In the event there is a conflict between the Platform User Terms specified herein and the provisions of any other document executed between the parties hereto, the Platform User Terms specified herein will prevail. Capitalized words not defined under these Platform User Terms will have the same meaning as the Terms and Conditions of Porter Technologies FZCO.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

• The Customer shall pay the fare (as agreed), parking charges, additional night surcharge (whereapplicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law orrequired to be paid for using the Services.
• The Customer agrees and accepts that the Services are provided by Porter at the Customer's sole risk, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
• The Customer shall ensure that he/she will not indulge in any of the following activities while availing the service:
  • Soiling or damaging the body and/or any other interiors of the vehicles.
  • Misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle. Asking the driver to break any Traffic/RTA/City Police and/or government rules for any purpose. The driver has the right to refuse such a request by the customer. The driver also has the right to refuse such a pick-up. Pressurizing the driver to overload the two wheeler with the Consignment than the allowed limit.
  • The Customer agrees to indemnify the Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on behalf of the Company.
• The Company is hereby authorized to use the location-based information provided by any telecommunication company when the Customer uses a mobile phone to make a vehicle booking. The location-based information will be used only to facilitate and improve the probability of locating a mini-truck for the Customer.
• The Customer agrees that the Company may disclose to all companies, affiliates, within its group, or any government body as so required by the Applicable Law or by directive or request from any government body, the particulars of the Customer in the possession of Company in any way as the Company, in its absolute discretion, deems necessary to carry out the Services.
• The Company shall be entitled, at any time without giving any reason, to terminate the booking of the vehicle by the Customer.
• In case the Consignment is lost during transit, the Company will try to locate the items using reasonable efforts. The liability of the Company shall be limited to any direct losses that are faced by the Customer/ User. Direct loss shall mean and include, the destruction or permanent disappearance of the Consignment thereof while in the custody of Porter. The liability for any direct loss shall be limited to the maximum of:
  • AED 100;
  • The total amount of loss or damage actually sustained in respect of any Consignment subject to the maximum of AED 100; and
  • If the Customer believes that the value of the Consignment exceeds AED 100 then he/she is advised to take insurance.
• The Customer should inform the Company, if they are using insurance. The Customer will bear all the liability if no insurance is taken for a particular Consignment. The liability shall be with the Customer until the Customer notifies Company about the insurance reference number.
• Any insurance taken under this agreement shall be subject to such terms and conditions as per the respective insurance agency.
• The Customer shall not have any right to withhold the fees to be made to the Company. Further, in the event any payments from the Customer to the Company are pending for the period prescribed by the Company in its respective invoice / statement, the Company reserves the right, in accordance with the Applicable Law, to exercise particular lien over the Consignment until full payment is made to the Company for the Services.
• The Customer agrees to inform the Company of any complaint in respect of the Services or the use of the vehicles in writing within twenty-four (24) hours of the circumstances giving rise to the complaint.
• The Company shall not accept any form of liability unless and until the Customer has notified the Company about any loss of Consignment.The Customer must notify the Company if there are any complaints against the driver.
• The Company shall be entitled to add to, vary or amend any or all these Terms at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these Terms on the Company's Platform on the date that Company may indicate that such addition, variation or amendment is to come into effect.
• All the calls made to the Company's call centre are recorded by the Company for quality and training purposes. In the event the Customer places a query on the Platform including any query with respect to our Services, applicable fees or Platform User Terms, the Customer hereby expressly consents to receiving our responses, whether by way of telephone calls or electronic mail, to such query and all related information with respect to our Services. For the avoidance of doubt, related information includes without limitation marketing and/or commercial information. You, the Customer, understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication.
• All cancellations made five (5) minutes after driver allocation will incur a cancellation fee. The cancellation of four (4) bookings in one day, after driver allocation, will temporarily suspend a Customer's account for twenty-four (24) hours.
• In case a road toll charge is imposed in respect of the Services provided to the Customer, both the outward and return toll fare will be charged.

YOUR ACCEPTANCE OF OUR PLATFORM USER TERMS

• By providing Porter with a Consignment, Users and/or Customers accept these Terms and/or the contract of Carriage and/or the contract for the performance of other services on behalf of the Customer and/or anyone else who has an interest in the Consignment or the performance of other services. These Terms also cover and can be invoked by anyone the Company uses or sub-contracts to collect, transport, deliver the Consignment or perform other services as well as the Company's employees, directors and agents. Only the Company's authorised officers may agree to a variation of these Terms in writing. If the Customer provides any Consignment with any oral or written instructions that conflict with the Company's Terms the Company shall not be bound by such instructions to the extent that they conflict

YOUR OBLIGATIONS

• In respect of each Consignment, the Customer represents and warrants that:
  • The contents of the Consignment (including but not limited to weight and number of items) have been properly described on the Platform when booking the Services and all necessary information and documentation, including invoices and permits, are provided on the Platform;
  • The contents of the Consignment are not Prohibited Items and/or are not restricted by the applicable regulations;
  • The Customer will not supply to the Company any Dangerous Goods or Prohibited Items , the Customer is required to provide a declaration stating the category and other details, that is needed, properly and accurately in accordance with Applicable Law and neither the Customer nor the Consignee is a person or organisation with whom the Company or the Customer may not legally trade under Applicable Law;
  • The Consignment is accepted on an “As-is” basis and shall be attempted to be delivered on the “As-was” basis on a best-efforts basis. Further it has been accepted on “said to contain” basis only without any checks or verification of the actual contents, irrespective of whether it was feasible or practical to do so;
  • All statements, information and documents provided by the Customer relating to the Consignment is true and correct and the Customer acknowledges that in the event that the Customer makes untrue or fraudulent statement about the Consignment or any of its contents, the Customer would risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale. The Customer agrees to indemnify the Company and hold the Company harmless from any claims that may be brought against the Company or the Company's agents arising from the information provided by the Customer;
  • The Company is authorised to deliver the Consignment to the address provided when booking the Services on the Platform and without prejudice to the foregoing, it is expressly agreed that in the case of a Delivery confirmation sent by the Company by SMS / messaging services / app-notification / e-mails, if no-response is received within twentyfour (24) hours it will be considered as confirmation of the Delivery;
  • That the Customer has declared the correct weight of the Consignment and the Customer will provide any special equipment the Company may need to load or unload the Consignment on or off the Company's vehicles; and
  • That if the Customer has asked the Company to charge the Receiver or a third party and the Receiver or third party does not pay the Company the Customer will promptly settle the dues together with an administration fee in full within seven (7) days of the Company sending the Customer the statement of dues.
  • That the Customer has complied with all Applicable Laws in respect of the Consignment.
• The Customer understands, agrees and acknowledges that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewellery, expensive luxury items etc. (“Valuables”). If the Customer hands over or loads the vehicles with Valuables for transportation, any loss, damage, theft, misappropriation to or of the Consignment shall be at the Customer's risk and not Company's, for the reasons mentioned in these terms and without prejudice, the Company shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising or accruing from the damage, loss, theft, misappropriation to or of the Consignment or any contents of the Consignment, but also the right to claim indemnification from the Customer where the Company has suffered loss of reputation or goodwill due to the Customer's actions of breaching these Terms.The Company shall not accept any insurance claims for Valuables in case of any loss, damage, theft, misappropriation to or of the Consignment.
• In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or nondeclaration of the Consignment details or value, and whether insured or not, the transportation of the Consignment shall be entirely at the Customer's risk and not the Company's and the Company explicitly and specifically disclaims any liability and/or responsibility arising or accruing from the damage, loss, theft, misappropriation or any insurable loss to or of the Consignment or any contents of the Consignment and the Customer further agrees to indemnify the Company in all those cases where the Company has suffered loss of reputation or goodwill due to the Customer's actions of breaching these terms.
• The Customer certifies that all statements and information the Customer provides relating to the transportation of the Consignment are true and correct.The Customer acknowledges that in the event that the Customer makes untrue or fraudulent statements about the Consignment or any of its contents the Customer risks a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of the Customer's Consignment. To the extent that the Company may voluntarily assist the Customer in completing the required customs and other formalities such assistance will be rendered at the Customer's sole risk. The Customer agrees to indemnify the Company and hold the Company harmless from any claims that may be brought against the Company arising from the information the Customer provides to the Company and any costs the Company will incur regarding this, and pay any administration fee the Company may charge the Customer for providing the Services described in this clause.
• The Customer agrees and acknowledges that the use of the Services is at the Customer's sole risk and that the Company excludes all representations and warranties of any kind, whether express or implied as to condition, suitability, reliability, timeliness, quality, merchantability and fitness for any purposes to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:
  • The Services meeting the Customer's requirements;
  • The Services being uninterrupted, timely, secure, or error-free;
  • Any responsibility or liability for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of Services offered by the Company or due to the failure of the Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems;
  • Any liability for any damages of any kind arising from the use of the Service , including, but not limited to direct, indirect, incidental, punitive, and consequential damages;
  • Any additional or extra charges for far off locations and toll charges; and
  • Any alternate arrangement(s) if the vehicle has not reached the Delivery destination due to any reason.
• The liability of the Company is excluded if the Company does not fulfil any obligations towards the Customer at all as a result of: Circumstances beyond the Customer's control such as (but not limited to):
  • Acts of God including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters;
  • Force majeure including (but not limited to) war, epidemics, pandemics, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
  • National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
  • Latent defects or inherent vice in the contents of the Consignment;
  • Criminal acts of third parties such as theft and arson;
  • The Customer's acts or omissions or those of third parties such as:
  • The Customer being in breach of (or any other party claiming an interest in the Consignment causing the Customer to breach) the Customer's obligations under these terms;
  • The contents of the Consignment consisting of any article that is a Prohibited Item, Dangerous Goods or Valuables even though the Company may have accepted the Consignment by mistake or the Customer has willingly handed it over to the Company without notifying, informing or declaring to the Company. Acceptance of the Consignment is without prejudice to the Platform User Terms mentioned herein.
• The Customer agrees to indemnify the Company and hold the Company harmless from any liabilities the Company may suffer or any costs, damages or expenses, including legal costs, the Company incurs either to the Customer or to anyone else arising out of the Customer being in breach of any of these warranties and representations even if the Company inadvertently accepts a Consignment that contravenes any of the Customer's obligations.
• In a situation, where the Customer books Porter to transport the Consignment on their behalf and Company pays in cash up front for the same and later on collects the money for the goods from the Receiver, the Customer shall be solely and directly liable to pay the Company for the Carriage of Consignment and applicable return trip fare in case the Receiver fails to pay the Company. This financial arrangement is solely between the Customer and the Receiver. The Company shall not be held responsible for the payment or the quality/loss of the Consignment and the Customer shall make good the loss suffered by the Company in this regard. The Customer/ Receiver shall not make the Company buy and deliver any Prohibited Items.
• If the Customer, after booking the Company , requests the Company to buy goods on their behalf, the Customer shall be solely and directly liable to pay the Company for the goods bought, in cash payment to the Company. The Customer shall not make the Company buy and deliver any Prohibited Items.

REJECTED CONSIGNMENTS

• If the Receiver refuses to accept Delivery, the Company will attempt to contact the Customer and agree to the next action if it is appropriate. The Customer agrees to pay the Company any costs incurred by the Company in forwarding, disposing of or returning the Consignment and the Company's charges (if any) for the agreed appropriate next action.
• If the Customer terminates the Agreement with the Company with respect to any Consignment, the Customer shall be liable to pay the Company the entire fees and other expenses so incurred with respect to such Consignment.
• The Customer shall maintain all insurance required by the laws of the United Arab Emirates in respect of the provision of the Services. The comprehensive insurance maintained by the Customer shall cover any loss, theft, damage or destruction of the Consignment.