TERMS OF SERVICE

OVERVIEW

"Welcome to Porter. If you continue to browse and use our app/website you are agreeing to comply with and be bound by these terms and conditions (Terms), which together with our privacy policy govern Porter Technologies DMCC relationship with you in relation to this app/website and the Services (as defined below)." In the event there is a conflict between the terms and conditions specified herein and the provisions of any other document executed between the parties hereto, the terms and conditions specified herein will prevail.

DEFINITIONS

The following definitions apply to these Terms.

• "Applicable Law" means all national and international laws, statutes, decrees, ordinance, regulations, guidelines, policies, rules, bye-laws, notifications, directions, directives and orders of any local, municipal, territorial, provincial, national or any other duly constituted governmental authority or agency of the United Arab Emirates.
• "Carriage" means and includes the whole of the operations and services undertaken by the Service Provider in connection with the Consignment.
• "Consignment" means any package, parcel, sachet, or freight which is or are given to and accepted by the Service Provider for carriage.
• "Customer" means a person, company or other entity which utilises the Services of the Service Provider.
• “Dangerous Goods” means goods classified as dangerous as per the International Civil Aviation Organisation Technical Instructions, International Air Transport Association Dangerous Goods Regulations, International Maritime Dangerous Goods Code, Agreement concerning the International Carriage of Dangerous Goods by Road or other applicable local / national regulations for transport.
• “Delivery” means the tender of the Consignment to the Receiver or Consignee.
• "Platform" means either the website or any mobile application which Porter (as defined below) provide.
• "Prohibited Items" means any goods or materials, the Carriage of which is prohibited by Applicable Law.
• “Receiver” or “Consignee” shall refer to the recipient, addressee or consignee of the Consignment.

USER(S) AGREEMENT

This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.

• “Services" means the collection, Delivery and carriage of a Consignment.
• “Service Provider” means anyone who has registered on the Porter platform with an intent to provide transportation services to the individuals / businesses who are seeking transportation services.
• “User" means any individual or business entity/organisation that accesses the Platform, regardless of whether they are a visitor or registered (either free or paid) on the Platform.
• "We", "us", "our", "Carrier", "Porter", "Company" shall refer to Porter Technologies DMCC, its employees, authorised agents and its independent contractors and the entities that carry or undertake to carry the Consignment hereunder or perform any other services incidental thereto.
• “You”, “your”, “Consignor” shall refer to the sender of the Consignment and the individual engaging the Services via the Platform.

PLATFORM USER TERMS

These Platform User Terms apply to all Users who access the Platform for any purpose.

Porter may change, modify, amend, or update these Platform User Terms from time to time with or without any prior notification to Users and the amended and reinstated Platform User Terms shall be effective immediately on posting on the Platform. If Users do not wish to be bound by the revised Platform User Terms, Users must stop using the Platform. Continuous use of the Platform will signify a User's acceptance of the revised Platform User Terms.

INTELLECTUAL PROPERTY RIGHTS

Porter is the sole owner or lawful licensee of all the rights to the Platform and any of its content. Platform content includes, but is not limited to, the Platform design, layout, text, images, graphics, sound and video. Platform content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform content shall remain with Porter, its affiliates or licensor's of Porter content, as the case may be.

All rights, not otherwise claimed under these Platform User Terms or by Porter, are hereby reserved. The information contained in this Platform is intended, solely to provide general information for the personal use of the User, who accepts full responsibility for its use. Porter does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Platform, or the quality of any products, information or other materials displayed, or obtained by Users as a result of an advertisement or any other information or offer in or in connection with the Services.

Porter accepts no responsibility for any errors or omissions, or for the results obtained from the use of the information in on the Platform. All information on this Platform is provided "AS IS " with no guarantee of completeness, accuracy, suitability, availability, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent be substituted for the independent investigations and the sound technical and business judgment of Users. In no event shall Porter be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. Users of this site must hereby acknowledge that any reliance upon any content shall be at the Users sole risk.

Porter reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform.

All related icons and logos are registered trademarks or trademarks or service marks of Porter in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

All content on this Platform is the copyright of Porter except for any third party content or links to third party websites on our Platform.

Systematic retrieval of Porter content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Porter is prohibited.

In addition, use of any Platform content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of access to and use of the Platform, Users agree that they will not use the Platform to infringe the intellectual property rights of others in any way. Porter reserves the right to terminate the account of Users upon any infringement of the rights of others in conjunction with use of the Platform, or if Porter believes that a User's conduct is harmful to the interests of Porter, its affiliates, or other Users, or for any other reason in Porter's sole discretion, with or without cause.

Users shall be liable to indemnify Porter for any losses or expenses incurred by Porter due to any infringement of intellectual property rights owned by Porter without prejudicing Porter's right to bring any legal action against Users

LINKS TO THIRD PARTY SITES

Links to third party sites are provided on the Platform as a convenience to Users and Porter has no control over such sites, including content and resources provided by them.

Porter may allow Users to access content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third parties' websites. Users are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of a User's use of such sites. Users acknowledge that Porter has no control over such third parties' sites, does not monitor such sites, and Porter shall not be responsible or liable to anyone for such third-party site, or any content, products or Services made available on such a site. Users shall review Porter's Privacy Policy and abide by Porter's Privacy Policy at the time of the User's interaction with Porter, with respect to and concerning any information and data.

TERMINATION

Most content and some of the features on the Platform are made available to Users free of charge. However, Porter reserves the right to terminate access to certain areas or features of the Platform at any time for any reason, with or without notice. Porter reserves the right to deny access to particular Users to the Platform without any prior notice/explanation in order to protect the interests of Porter and/or other Users to the Platform.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The Customer shall pay the fare (as agreed), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by the Applicable Law or required to be paid for using the Services.

The Customer agrees and accepts that the Services are provided by the Service Provider 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 truck 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 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 of items lost during transit, the Company will try to locate the items on a "reasonable efforts" basis but shall not be responsible for the loss, damage, theft or misappropriation to / of items in transit. The Company aggregates the Service Providers for the purposes of providing them with requests seeking Services by Customers. In the event of loss of any item, Customers 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. Furthermore, Customers will be liable to indemnify the Company against any loss, damage or expenses incurred by it resulting from its custody of the Consignment during this period.

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 be liable for the conduct of the drivers used in providing the Services. However, the Company encourages the Customer to notify it, of any complaints that the Customer may have against a 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 Terms and Conditions of Service, 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.

2 WHEELER DELIVERIES

The User agrees with the terms and conditions for two-wheeler deliveries, available here.

CONFIDENTIALITY

Customers shall not disclose any information received under the Terms with the Company to any third party. Access to any information which pertains to business of the Company shall be kept confidential to the extent it might adversely impact the Company's business. Customers shall be liable to indemnify the Company against any loss of business or reputation due any action that contravenes this Paragraph 3.14.

DISCLAIMER

All vehicles registered with the Company are constantly tracked for business and security reasons only. It is hereby made expressly clear to you, as the Customer, that the Company does not own any vehicle nor does it directly or indirectly employ any driver of the vehicles. Vehicles and drivers are all supplied by third parties and the Company disclaims any and all liabilities in respect of the drivers and the vehicles alike.

The Customer agrees that the Company has the right to use the Customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By providing the Service Provider 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. When the Customer the Consignment with 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 or prohibited Goods, 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 and information and documents provided by the Customer relating to the Consignment 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 / Service Provider and hold the Company / Service Provider harmless from any claims that may be brought against the Company / Service Provider or the Company's agents arising from the information provided by the Customer;
  • The Service Provider 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 twenty-four (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;
  • 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 / Service Provider, 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; and
  • 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 Customer understands, agrees and acknowledges that if the Consignment or any contents thereof are of the value exceeding AED 2,500 (AED Two Thousand and Five Hundred), the Customer shall have the Consignment insured from an insurance company in the United Arab Emirates before handing over the Consignment for transportation. Maximum liability towards Customer is restricted to the lower of:
    • Value of goods damaged; OR
    • Value of goods damaged; OR
• In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration 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 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 Paragraph 3.17.4.
• 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 Service Provider or due to the failure of the Service Provider 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 Company is not liable 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; and
  • 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 Service Provider 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 terms and conditions 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 in paragraph 3.17.1 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 goods on their behalf and the Service Provider 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 Service Provider for the goods sold and applicable return trip fare in case the Receiver fails to pay the Service Provider. This financial arrangement is solely between the Customer/Receiver and the Service Provider and Porter shall not be held responsible for either the payment or the quality/loss/damage of the goods bought, and the Customer shall make good the loss suffered by Porter in that regard. The Customer/ Receiver shall not make the Service Provider buy and deliver any Prohibited Items.
• If the Customer, after booking Porter, requests the Service Provider to buy goods on their behalf, the Customer shall be solely and directly liable to pay the Service Provider for the goods bought, in cash payment to the Service Provider. This financial arrangement is solely between the Customer and the Service Provider and Porter shall not be held responsible for either the payment or the quality/loss/damage of the goods bought and the Customer shall make good the loss suffered by Porter in that regard. The Customer shall not make the Service Provider 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.

CLAIMS BROUGHT BY THIRD PARTIES

The Customer undertakes not to permit any other person who has an interest in the Consignment to bring a claim or action against the Company arising out of Carriage even though the Company may have been negligent or in default and if a claim or action is made, the Customer will indemnify the Company against the consequences of the claim or action and the costs and expenses the Company incurs in defending it

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai/ DMCC Freezone.

The Courts of Dubai shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms or any Services provided by us pursuant to these Terms.

DISCLAIMER

The information contained on this Platform is for general information purposes only. The information is provided by the Company and while the Company endeavours to keep the information up to date and correct, the Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance the Customer places on such information is therefore strictly at the Customer's own risk.

In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Platform.

Through this Platform, Customers' are able to link to other websites which are not under the control of the Company. The Company has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the portal up and running smoothly. However, the Company provides no assurance and takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond the Company's control, or for the convenience of the Company.

Customer acknowledge that Porter does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by Porter or any of its affiliates.

Customer acknowledges that Porter will solely provide the Platform in order for the Customer to engage the services of the Service Provider . Porter may, as the intermediary between the Customer and Service Provider use a third party payment provider to collect any fees owed by the Customer for the Services. Customer use the Platform, to collect the fees for the Services and acknowledges that Porter does so on behalf of the Service Provider and where applicable, to collect any amounts owed to Porter by the Customer.

GENERAL TERMS & CONDITIONS

This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Porter and the Service Provider in respect of the vehicle(s) specified in Attachment

This Agreement shall commence on the date set out on the front page of this Agreement and shall be valid unless terminated by either Party in accordance with the terms of this Agreement.

Either party may terminate this Agreement on giving one (1) day's notice in writing to the other Party. The Service Provider confirms that Porter does not own or in any way control the vehicles used by the Service Provider to provide the services to the Customer (Service Provider's Customer, i.e. individuals or businesses seeking transportation service providers on Porter's technology platform). Porter shall not be held liable or responsible in any manner whatsoever for any failures, errors or defects in the provision of the Services provided by the Service Provider to the Customer.

The Service Provider shall indemnify Porter for all direct/indirect liabilities, losses, charges and expenses incurred by Porter due to the negligence and/or any unlawful act or omission of the Service Provider and/or the Service Provider's appointed operators/contractors in the performance of the Services.

Porter shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Service Provider arising out of the use of the Service offered by Porter or due to the failure of Porter to provide Services to the consignor/consignee for any reason whatsoever including but not limited to any Customer's non-compliance with the Services offered by Porter, which includes, but is not limited to any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunication system or other circumstances whether or not beyond the control of Porter or any person or organization involved in the above mentioned systems.

Porter shall not be liable for any direct or indirect loss or damage, which may be suffered by the Service Provider as a result of any failure by a consignor/consignee to meet the timing notified to the Service Provider, this will include circumstances where Porter has agreed to such timing or if the Customer has advised Porter of the possibility that he/she may not comply with the stipulated timing.

The Service Provider shall indemnify Porter 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 Porter may incur or sustain directly or indirectly from any breach by Service Provider of its obligations hereunder or any breach of Service Provider's representations and warranties, or by any reason, or in relation to the provision of the Services by the Service Provider, which shall include but not be limited to, claims by Customers in respect of theft, damage or losses pursuant to the Services. The Service Provider shall forthwith pay all such sums forthwith on demand by Porter in writing.

The Service Provider shall maintain all insurance required by the laws of the United Arab Emirates in respect of the provision of the Services. The Service Provider will also maintain comprehensive insurance including without limitation insurance of vehicles, drivers and Customer in respect of accidents, damage, personal injury and theft. The customer shall be excluded from any liability owed to the Service Provider.

The Service Provider shall furnish all the details about its drivers in attachment A for security reasons and ensure that drivers are registered with Porter.

Porter's maximum liability to Service Provider in any event, which includes any failure by Porter under this Agreement, shall be restricted and limited to a maximum amount of AED 50 (AED Fifty) in aggregate during the Term.

The Service Provider confirms that it has obtained driver consent for the documents to be sent for background verification and in the event of any discrepancy, this Agreement stands null and void and the Services terminated with immediate effect.

Service Provider hereby provides consent to Porter to access, use or share data and information, including but not limited to, location information, contact information, transaction information, usage and preference information, device information, call and SMS data and Log information related to subscription to Porter's platform.

RATES AND PAYMENT TERMS

The applicable financial terms for the vehicle may be subject to regular and frequent changes at the sole discretion of Porter, which shall be communicated

Trip fare will be calculated through the software system by Porter and in case of any fare dispute, the decision of Porter will be final and binding.

All payments due / receivable to / from to the Service Provider shall be made / billed by cash, online modes of payments or any other modes , as mutually agreed from time to time.

SERVICE PROVIDER'S OBLIGATIONS

The Service Provider shall ensure that the Services are provided in compliance with all laws applicable in the United Arab Emirates and as applied in the Emirate of Dubai and in strict compliance with the provisions of this Agreement and its Attachments.

The Service Provider shall ensure that in providing the Services the Service provider does not carry goods the carriage of which is prohibited by the laws of the United Arab Emirates.

The Service Provider shall provide the Services with the due care, skill and diligence of a reasonable prudent operator (“RPO”) and shall procure that any person performing under this Agreement shall provide the Services to the best of his/her ability and in accordance with the standards of an RPO. For the purposes of this Agreement, a “RPO” means a person seeking in good faith to perform its contractual obligations and in so doing and in the general conduct of its undertaking, exercises that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator complying with all applicable laws and statutory obligations, engaged in same type of undertaking, under the same or similar circumstances and conditions and any reference to the standards of a RPO will be construed accordingly.

The Service Provider agrees to provide the Services in a manner so as to advance the business interests and goodwill of Porter. Specifically, the Service Provider agrees not to, and shall ensure that its drivers do not, (a) form any union, trusts, association, society or any other type of entity; or (b) hold meetings, conference or any other form of gathering of five (5) or more, to discuss this Agreement, the Services and payments provided hereunder and/or the general affairs of Porter.

The Service Provider shall not directly or indirectly engage in any conduct averse to the best interests of Porter. The Service Provider shall not, and shall ensure that its drivers and other employees do not, disparage or make any negative comments (either oral or in writing) about, Porter or any of its officers, employees, directors or other representatives.

Breach of Clauses 19-21 shall entitle the Company to terminate this Agreement with immediate effect.

The Service Provider will ensure that drivers have functioning mobile numbers and also have the ability to read and send SMSs from Porter, regarding the customer details, Kms and time reading, amount paid by the customer and to convey customer feedback. The goods left in the vehicle shall at all times be secure, and shall not be pilfered or tampered with. In the event that the goods are stolen or damaged the driver will immediately notify Porter.

The Driver must be aware of the prominent destinations and routes, both outside and within Dubai.

Any promotional offer / discounts given to the Customer, will be decided by Porter in its sole consideration based on a case to case basis and the Service Provider shall agree to the same.

The Service Provider shall ensure that before the collection, the driver's phone is available for the Customer and Porter to call. A driver's phone should not be busy for any long periods, unavailable or switched off during an ongoing (live) order or service. In such circumstances, the Porter may adjust the discounts given to the Customer and deduct such sum from payments to the Service Provider. The deductions may extend up to 140% of the sum to be paid to the Service Provider.