FOR CUSTOMERS

Welcome to Paalki . If you continue to browse and use our app/website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Transtail Logistics Private Limited (Owner of Paalki ) relationship with you in relation to this app/website and the Services (as described 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 would prevail.

DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern this contract of Carriage between you and us:

“We”, “us”, “our”, “Carrier”, “Paalki “, “Company” shall refer to Transtail Logistics Private Limited (owner of Paalki ), its employees, authorized agents and its independent contractors and the entities that carry or undertake to carry the consignment hereunder or perform any other services incidental thereto on its behalf.
“You”, “your”, “consignor” shall refer to the sender, consignor or consignee of the Consignment, holder of this Consignment Note, receiver and owner of the contents of the Consignment or any other party having a legal interest in those contents, as the case may be.
“Services” means the technology-based services provided by Paalki which enable the following:

USER(S) ELIGIBILITY

User(s) means any individual or business entity/ organization that legally operates in India or in other country, uses and has the right to use the Services provided by Paalki . It is hereby being clarified that our Services are available only to those individuals or business entities/organizations who can form legally binding contracts under the Applicable Law. To be a User(s) and be eligible to use our Services, an individual must be at least 18 (eighteen) years of age. Paalki advises its users that while accessing the web site, they must follow/abide by the related laws. Paalki is not responsible for the possible consequences caused by your behavior / acts during use of web site. Paalki may, in its sole discretion, refuse the service to anyone at any time.

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.

This agreement applies to all Paalki Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s).In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

AMENDMENT TO USER(S) AGREEMENT

Paalki may change, modify, amend, or update this agreement from time to time with or without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the Services will signify your acceptance of the changed terms and deemed acceptance of the amended Agreement. Further, User(s) shall also be bound by any amendment made in any policy or agreement from time to time, referred to in these Terms of Service.

INTELLECTUAL PROPERTY RIGHTS

Paalki is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Paalki , its affiliates or licensor’s of Paalki content, as the case may be.

All rights, not otherwise claimed under this agreement or by Paalki .in, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Paalki 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 web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided “AS IS ” with no guarantee of completeness, accuracy, 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 substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall Paalki be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.

Paalki 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 Service or the app/website. Trademark

All related icons and logos are registered trademarks or trademarks or service marks of Paalki 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. Copyright

All content on this web site is the copyright of Paalki except the third-party content and link to third party web sites on our app/website.

Systematic retrieval of Paalki content 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 Paalki is prohibited.

In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of Paalki ‘s Services, you agree that you will not use the web site service to infringe the intellectual property rights of Paalki or any other third party in any way. Paalki reserves the right to terminate the account of a user(s) upon any infringement of the rights of any third party in conjunction with use of the Paalki service, or if Paalki believes that user(s) conduct is harmful to the interests of Paalki , its affiliates, or other users, or for any other reason in Paalki ‘s sole discretion, with or without cause. You shall be liable to indemnify Paalki for any losses or expenses incurred by Paalki due to any infringement of intellectual property rights owned by Paalki without prejudicing Paalki ‘s right to bring any legal action against you.

Refund Policy

Once the Service is availed no refund will be initiated in any circumstances.

LINKS TO THIRD PARTY SITES

Links to third party sites are provided by web site as a convenience to user(s) and Paalki has no control over such sites i.e content and resources provided by them.

Paalki may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s web site. You 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 your use of such sites. Paalki believes that user(s) acknowledge that Paalki has no control over such third party’s site, does not monitor such sites, and Paalki 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. User(s) shall review Paalki ‘s Privacy Policy and abide by Paalki ‘s Privacy Policy at the time of the User(s) interaction with Paalki , with respect to and concerning any information and data.

TERMINATION

Most content and some of the features on the web site are made available to visitors free of charge. However, Paalki reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. Paalki also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of Paalki and/or other visitors to the web site. Paalki reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

TERMS & CONDITIONS FOR USE OF OUR SERVICE

The following Terms & Conditions shall apply to customers utilizing the Services offered by the Company for the hiring of vehicles: 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 availing the Services of Paalki . The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, 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/RTO/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 shall indemnify 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 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 the Company.

The Company is hereby authorized to use the location-based information provided by any of the telecommunication companies when the Customer uses the 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 Company shall be entitled to 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 Company, in its absolute discretion, deems fit or if it considers it in its interests to do so.

The Company shall be entitled at any time without giving any reason to terminate the booking of the vehicle done by the Customer. User(s) shall indemnify Paalki with respect to any expenses incurred with respect to such booking.

In case of lost items during the transit, Company will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage or theft or misappropriation to / of the same. Paalki aggregates the vehicles for the purposes of providing Services. In the event of loss of any item, User(s) shall not have any right to withhold the payment to be made to Paalki . Further, in the event any payments from the User to Paalki are pending for the period prescribed by Paalki in its respective invoice / statement, Paalki reserves the right, in accordance with the Applicable Law, to exercise particular lien over the consignment till full payment is made to Paalki for the Services. Additionally, User(s) will be liable to indemnify Paalki against any loss, damage or expenses incurred by it due to the custody of the consignment during this period.

Any complaint in respect of the Services or the use of the vehicles, the Customer has to inform the Company of the same in writing within 24 hours of using the vehicles or Services of the Company.

The Company shall not be liable for any conduct of the drivers of the vehicles. However, the Company encourages you to notify it, of any complaints that you may have against the driver that you may have hired using the Company’s Services.

The Company shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the Customer shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at Company’s website at www.Paalki .in 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 center are recorded by the Company for quality and training purposes. In the event you place a query on our app/website including any query with respect to our Services, applicable fees or Terms of Service, you hereby expressly agree to consent to receive our responses, whether by way of telephonic calls or electronic mail, to such query and all related information with respect to our Services. For removal of doubts, related information shall include without limitation any marketing and/or commercial information. You understand, agree and acknowledge that such information shall in no event, qualify as unsolicited commercial communication under the Telecom Unsolicited Commercial Communications Regulations, 2007 and/or due to disclosure of such information, our telephone numbers shall not qualify to be registered under the ‘National Do Not Call Register’ or the ‘Private Do Not Call Register’ in accordance with the Telecom Unsolicited Commercial Communications Regulations, 2007 or any other Applicable Law.

Cancellation Policy: All cancellations made 5 minutes after driver allocation will incur a cancellation fee of INR. 50/- (Indian Rupees Fifty only). Cancelling four bookings in a day after driver allocation will temporarily suspend your account for 24 hours. Figures are subject to change.

Toll Charges: In case of a toll on your trip, return toll fare will be charged.

LABOUR SERVICES

Paalki provides the option to Customers to utilize Labour Services by clicking on the “Include Labour” toggle on the review screen of the website/App.

“Labour Services” means that the service provided by the labour wherein labour undertakes the task of loading/unloading the consignment of goods from the loading/unloading point to the vehicle or vice-versa, as the case may be.

“Labour” means the driver of the vehicle and the person accompanying him in the vehicle.

By clicking on the “Include Labour” toggle on the review screen of the Website/App or by availing the Labour Services, the Customer agrees to the following terms and conditions. These terms shall be applicable in addition to the terms and conditions applicable to the customers for hiring of vehicles:

You acknowledge that the Labour Service is provided only for ground floor to ground floor loading/unloading. You acknowledge that the ground floor movement (distance between the transport vehicle and the loading/unloading point) shall not exceed 25 meters.
You acknowledge that the extra charges (as visible in the Invoice) for the Labour Service shall be payable by you.
You agree that you shall be present in person at the time of loading/unloading of Consignment. If you are not available, an authorized representative must be present.
You agree that Paalki shall not be liable for misbehavior of the labour during the loading/unloading. However, you are requested to bring to the notice of Company such incidents. The Company, in its sole discretion, may take action in such matters.

CONFIDENTIALITY

User(s) shall not disclose any information received under the contract of service with Paalki to any third party. Access to any information which pertains to business of Paalki shall be kept confidential to the extent it might adversely impact Paalki ‘s business. User(s) shall be liable to indemnify Paalki against any loss of business or reputation due to the act of the user(s).

DISCLAIMER

All vehicles registered with the Company are continuously tracked using mobile technology for security reasons only. It is hereby made expressly clear to you that the Company does not own any vehicle nor it directly or indirectly employ any driver for the vehicles or Labour for loading/unloading of Consignment. Vehicles, drivers and Labour are all supplied by third parties and the Company disclaims any and all liability(ies) in respect of the Labour, drivers and the vehicles alike.

The Company have 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.

ACE PLUS TERMS AND CONDITIONS

Only ground floor to ground floor loading/unloading is allowed
Distance between Paalki truck and loading/unloading point should not be more than 25 feet (8 meters).
Max weight per box allowed is 25 kg and up to 30 such boxes/cartons are allowed.
Labour charge will be automatically added to the invoice.

INSURANCE INFO

Please find Insurance related terms and conditions here

COURIER INFO

Please find Courier related terms and conditions here

PAALKI WALLET INFO

Please find Paalki wallet related FAQs and terms & conditions here

YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your consignment, you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the consignment or the performance of other Services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your consignment or perform other Services as well as our employees, directors and agents. Only one of our authorized officers may agree to a variation of these terms and conditions in writing. When you give us the consignment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

YOUR OBLIGATIONS

You warrant, undertake and guarantee to us:
You understand, agree and acknowledge that the Services are not suitable for transportation of valuables like cash, gold, silver, diamond, precious stones, jewels or jewelry, expensive luxury items etc. (“Valuables”). If you handover / load the vehicles with Valuables for transportation, any loss / damage / theft / misappropriation to / of the consignment shall be at your risk and not ours, for the reasons mentioned earlier and without prejudice, we shall not only have the right to explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation to/of the consignment or any contents of the consignment, but also the right to claim indemnification from you where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
You understand, agree and acknowledge that if the consignment or any contents thereof are of the value exceeding INR 25,000/- (Indian Rupees Twenty-Five Thousand only), you shall get the consignment insured from a General Insurance company operating in India before handing over the consignment for transportation. In absence of adequate insurance to cover loss of goods in transit or in absence of wrong or non-declaration of the consignment details / value, and whether insured or not, the transportation of the consignment shall be entirely at your risk and not ours and we explicitly and specifically disclaim any liability and/or responsibility arising/accruing from the damage / loss / theft / misappropriation or any insurable loss to / of the consignment or any contents of the consignment and you further agree to indemnify us in all those cases where we have suffered loss of reputation / goodwill due to your actions of breaching our terms of service.
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a consignment that contravenes any of your obligations.
You certify that all statements and information you provide relating to the transportation of the consignment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the consignment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your consignment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the Services described in this condition.
The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by Applicable Law. Without prejudice to the above, the Company makes no representation or warranties with respect to:
Applicable Law has been complied with by you.

DANGEROUS GOODS / SECURITY

Dangerous Goods
Prohibited Items: We do not accept consignments that contain prohibited items.
We accept consignments only upon your declaration of the type and value of the consignment (“said to contain” basis). We have no responsibility whatsoever as to the correctness of description, type or value thereof and you agree to indemnify us and hold us harmless from any claims that may be brought against us arising out of or relating to such declaration provided by you and any costs we will incur relating thereto.

REJECTED CONSIGNMENTS

If the receiver refuses to accept delivery, we will try to contact you and agree to the next action if it is appropriate. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate next action.

If user(s) terminates the agreement with Paalki with respect to any consignment, user(s) shall be liable to pay Paalki the entire fees and other expenses so incurred with respect to such consignment.

CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the consignment to bring a claim or action against us arising out of Carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses, we incur in defending it.

The above-mentioned terms and conditions of use and/or Agreement and the Privacy Policy constitute the entire agreement between the User(s) and Paalki with respect to access to and use of the web site and the Services offered by Paalki , superseding any prior written or oral agreements in relation to the same subject matter herein.

PAALKI REFERRAL PROGRAM

Please find all referral related terms and conditions [here](https://Paalki .in/referral-tnc

CASHBACK SCHEMES

Please find all cashback related terms and conditions here

ASSURED BOOKING TERMS

Only the users who have received the communication are eligible under this scheme.
This scheme is eligible for Tata Ace open category bookings between 10:30-19:00 Hours only.
This scheme is eligible when the pickup location is from Bihar only.
Each user will only be eligible once a day for this scheme i.e., a user will be eligible for a maximum of Rs 50/- (Rupees Fifty only) cashback in a day in case of unfulfilled booking.
The cashback will be auto credited in user’s account within 24 hours of an unfulfilled booking.
Management decision will be considered final with regard to all aspects of the scheme.

GST

GST, as applicable, will be levied on the Invoice.
Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.
Taxes on reverse charge mechanism, wherever applicable, shall have to be paid by the recipient of services.

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the India, without regard to the principles of conflict of laws. The courts of [Bengaluru] shall have exclusive jurisdiction over any disputes, differences or claims arising out of or in connection with these Terms of Service or any Services provided by us pursuant to these Terms of Service

GRIEVANCE OFFICER

In accordance the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Nodal/Grievance Officer are provided, any grievances under the said Rules, may have relevance with respect to the said Rules, its treatment or any grievance related to Services being availed at PAALKI , the request may be directed by the Authority under the said Rules, to such grievance officer or at the below mentioned coordinate:

Mr. Nikhil Narayan

Designation: Grievance Officer

Transtail Logistics Private Limited

M.004.0382, Mithanpura, Muzaffarpur, Bihar 842002,

Email: grievance.officer@Paalki .in

Phone: (+91)n 7011800956

Time: Monday to Friday (10 a.m. to 6 p.m.)

DISCLAIMER

The information contained in this website and Paalki App is for general information purposes only. The information is provided by Paalki and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website / App or the information, products, services, or related graphics contained on the website / App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we 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 website / App.

Through this website / App you are able to link to other websites which are not under the control of Paalki . We have 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, Paalki takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.

FOR DRIVERS

This document is an electronic record as per the provisions of Information Technology Act, 2000 and rules framed thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT/AGREE” button on the Platform, you are consenting to be bound by this Agreement for using the Platform for the purpose of receiving and delivering the Services. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THE CLAUSES BEFORE YOU USE THE SERVICE OF THE PLATFORM, AS YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN upon clicking on the “I ACCEPT” button. If You do not accept any of this Agreement, please do not use the Platform or avail any of the Services being provided therein. YOUR AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND PAALKI IN RESPECT OF THE SERVICES OF THE PLATFORM.

Your engagement with PAALKI to use the services of the Platform are subject to your acceptance of the Clauses as specified in this Agreement. PAALKI reserves the right, at its sole discretion, to change, modify, add or remove these terms and conditions, in part or in whole, at any time, without prior notice to You. It is Your responsibility and duty to check the terms and conditions periodically for changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the changes. As long as You comply with this Agreement, PAALKI grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service on the Platform.

DEFINITIONS

Unless the context otherwise provides or requires, the following words and expressions used in this Agreement shall have the meaning as provided to them herein below:

“Acceptance” means your affirmative action of clicking on the box against the words “I Accept “provided at the end of these Driver Partner’s Agreement including the T&C, by which action, you unequivocally accept the Driver Partner T&C and any modifications thereof.

“Agreement” shall mean the Services Agreement executed between Paalki and the Service Provider pursuant to which the Driver Partner has agreed to undertake Services.

“Applicable Law” shall mean and include any law, statute, ordinance, rule, regulation, guideline, policy, notification, circular or other pronouncement or any similar form of decision of, or determination by or any interpretation, administration and other pronouncements having the effect of law of the Republic of India or any other applicable jurisdiction by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board having the effect of law in India, as in effect or which may come in effect on a future date.

“Business Day” means a day (other than national gazette holidays, and bank holidays in the Territory) on which nationalized banks are generally open in India for the conduct of banking business and comprising of normal working hours.”

“Driver Partner” or “Service Provider” or “You” or “Your” or “Yourself” shall mean an individual who has executed Agreement for the provision of Services.

“Driver Partner information” shall mean and include any personal data collected from the Driver Partner including know your client documents with Driver Partner’s bank, copies of valid government issued Vehicle registration certificate, Vehicle insurance copy, driving license, identity proof, residence proof, location data, proof of ownership, registration and compliance under welfare legislations for Driver Partner and any other information that Paalki may deem fit.

“Driver Services” shall mean either or both of the following as the context may require:

7.1.

The services provided by the Driver Partner to Paalki of making himself available on the Platform for the purpose of receiving orders placed by the Users.

7.2.

The services provided by the Driver Partner to the customers on Platform whereby the Driver Partner collects the goods/products/consignments ordered by the customers/consignors and delivers the same to the consignees.

“Governmental Authority” means any governmental or any governmental agency, semi-governmental or judicial entity or authority, department of law and order including the Police personnel of any rank (including, without limitation, any stock exchange or any self-regulatory organization established under statute).

“Intellectual Property Rights” shall mean and include the copyright (whether registered or not), patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs (both industrial and layout), geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, reproducing rights, domain names, internet address, graphics, artwork, links, information, logos, software, configuration, marketing and distribution material and any other intellectual property right in the website of Paalki.in, and Paalki Platform, which are used and/or owned by Paalki .

10.

“Platform Services” shall have the meaning assigned to it in the Agreement.

11.

“Fees” means the consideration payable by PAALKI to the Driver Partner for providing the Services as contemplated under this Agreement as per the General Terms and Conditions.

12.

“Services” means the Driver and Platform Services technology-based services provided by PAALKI for the transportation of its goods/products/consignments from one place to another for the hiring of Vehicles by customers for a point to point service, or for time and usage based service within city limits and outside the city limits, including inter-city all over India, through the internet and / or mobile telecommunications devices including hiring of labor by customers for loading/unloading of the consignment. and such other services which PAALKI may from time to time add.

13.

“Tax” means all forms of present and future taxes (including but not limited to Indirect Taxes), deductions, withholdings, duties, imposts, levies, cess , fees, charges, social security contributions and rates imposed, levied, collected, withheld or assessed by any Governmental Authority or other taxing authority in India or elsewhere and any interest, additional taxation, penalty, surcharge, cess or fine in connection therewith and “Taxes” shall be construed accordingly.

14.

“Termination Date” shall mean the date on which these Partner T&C and the Agreement shall stand terminated.

15.

“Terms and Conditions” or “Driver Partner T&C” refers to these Driver Partner Terms and Conditions, which are available on the Platform, as may be amended from time to time and more fully prescribed under Annexure B and/or C.

16.

“We” or “Us” or “Our” or “Paalki” shall mean Transtail Logistics Private Limited, a company incorporated under the Companies Act, 1956, and having its registered office at No A-501, A-502, B-504, B-505 and B-506, 5th Floor Universal Business Park, Chandivali, Andheri (E) Mumbai 400072 and its corporate office at 2nd Floor, “Sona Tower” Bearing No 2, 26, 27 & 3, Krishna Nagar, Industrial Area, Hosur Main Road Bengaluru 560029 which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all our successors, affiliates and assigns.

17.

“Person” means any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Governmental Authority or any agency or political subdivision thereof or any other entity that may be treated as a person under the Applicable Law.

18.

“Platform” shall have the meaning assigned to it in the Agreement. It shall also include for all purposes the mobile application/website interface provided to the Driver Partner wherein all the back-end technology is incorporated to enable the Driver Partner to provide Services as well as enable Paalki , to track the orders/requests and other relevant information.

19.

“Vehicle” shall have the meaning which the Driver Partner will use for performing the Services.

INTERPRETATION

Unless the context of this Agreement otherwise requires:

the recitals, annexures, terms and conditions, attachments, fees receipts, invoices and schedules shall constitute an integral and operative part of this Agreement.

a word or an expression, which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).

Heading and bold typeface in this Agreement are for convenience only and shall be ignored for the purposes of interpretation.

The use of the word “including” followed by a specific example(s) in these Agreement, shall not be construed as limiting the meaning of the general wording preceding it.

The rule of construction, if any, that any clause should be interpreted against the parties responsible for drafting and preparation thereof, shall not apply.

Reference to any clause, article, section or schedule shall mean a reference to a clause, article, section or schedule of these Agreement, unless specified otherwise.

Reference to any Applicable Law shall mean a reference to that law as amended, consolidated, supplemented or replaced.

all references to this agreements, documents or other instruments include all documents attached to this Agreement (subject to all relevant approvals) a reference to this agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time.

unless the context otherwise requires, the singular includes the plural and vice versa.

10.

the words ‘hereof’, ‘herein’, and ‘hereto’ and words of similar import when used with reference to a specific clause in, or Schedule to, this Agreement shall refer to such clause in, or Schedule to, this Agreement, and when used otherwise than in connection with specific clauses or Schedules, shall refer to the Agreement as a whole.

11.

headings and the use of bold typeface shall be ignored in its construction.

12.

a reference to a Clause or Schedule is, unless indicated to the contrary, a reference to a clause or schedule to this Agreement.

13.

references to this Agreement shall be construed as references also to any separate or independent stipulation or agreement contained in it.

14.

the words “other”, “or otherwise” and “whatsoever” shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

15.

references to any law shall include references to such law as it may, after the date of this Agreement, from time to time be amended, supplemented or re-enacted. and,

16.

words and abbreviations, which have, well known technical or trade/commercial meanings are used in the Agreement in accordance with such meanings.

APPLICABILITY OF THE TERMS AND CONDITIONS

The Driver Partner T&C together with the Agreement shall form the complete understanding between the Parties. By accepting these Driver Partner T&C, You acknowledge and agree to the Driver Partner T&C and Paalki policies that makes applicable to You from time to time, to the fullest extent possible.

Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in the Agreement, shall be construed as having the meaning thereby attributed to them in the Agreement.

Subject to the terms of this Agreement, PAALKI engages the Driver Partner to perform, and You hereby agree to perform, the Services, with reference to the documents as prescribed under Annexure A, as instructed by PAALKI. The Parties may from time to time agree to the provision of additional services by executing amendments / addendum to this Agreement or by way of an email/letter/e-notifications and alerts, which shall also be considered as an integral part of this Agreement.

TERM AND TERMINATION

The present Agreement shall be valid for a period of 1-year w.e.f. the Execution Date of this Agreement unless terminated by either Party in accordance with the terms of this Agreement by giving a 15 (Fifteen) days’ notice in writing to the other Party.

This Agreement shall become effective on the Effective Date and shall remain in full force with automatic renewal of the agreement by the Parties (unless terminated by PAALKI).

Driver as service partner agrees for the documents to be sent for background verification and this contract stands null and void and the services terminated with immediate effect if there is any discrepancy found.

PAALKI may terminate this Agreement of the Service Provider without assigning any reason whatsoever.

PAALKI shall be entitled to terminate this Agreement forthwith without any notice thereof, if the Service Provider does not provide the Services in accordance with the scale-up plan agreed for the Services.

Termination of this Agreement shall be without prejudice to the acquired rights and obligations of the parties existing at the date of termination (including the right to take action in respect of the circumstances giving rise to termination) and shall not affect any other rights and remedies available to the party terminating the Agreement.

REPRESENTATIONS AND WARRANTIES

On the Effective Date, the Service Provider hereby represents and warrants that the following representations and warranties are true, correct, valid and subsisting in all respects:

In order to register as a Service Provider, the Service Provider must be above 18 years of age and is enrolled with all the welfare schemes as provided by any Governmental Authority and must share the requisite documents with PAALKI from time to time for compliance purposes only.

You acknowledge and agree that at all times the Service Provider must hold and maintain:

a valid driver’s license (if applicable) with the appropriate level of certification to operate the Vehicle driven/ridden by You, and

all licenses, permits, approvals and authority applicable to the Vehicle (if applicable) that are necessary to provide the Services.

the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence. and

high standards of professionalism, service and courtesy. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.

The Service Provider confirms that PAALKI does not own ordinary way control or own the Vehicles used by a passenger or any driver rendering the said services to the customer, whether employed by the Service Provider or not. PAALKI shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of service rendered by the Service Provider to the consignor/consignee.

The Service Provider agrees and acknowledges that the upon acceptance of an order by the Service Provider, Services undertaken by him shall constitute a separate contract for services under the Applicable Laws or any successor legislations, between the Service Provider and the User, to which PAALKI is not a party.

Notwithstanding anything as contained herein and in addition to the responsibilities of the Service Provider specifically in the segment of 2 (Two) wheeler Vehicles, the Service Provider also being a driver which may or may not be under his ownership as to the right, title and interest on the Vehicle, is responsible and liable for all loss or damages as to any matter arising from the Vehicle including the claims, demands, charges, expenses, show cause, detention, litigation and but not limited to objections, etc. as may be raised by a third party, family or related members, appropriate authorities, police functionary, etc. and shall keep PAALKI indemnified from all such claims from time to time during the course during the term of this Agreement.

FEES AND TAXES

In consideration for performance of the Services in accordance with the requirements of this Agreement, the Service Provider shall be entitled to receive the Fees on or after deduction of applicable Taxes.

The applicable financial terms for the Vehicle shall be communicated from time to time on PAALKI notice board of Your City Office and/or Branch Location.

The Fees in relation to the trip fare will be calculated through the GPS device provided

All payments due to the Service Provider shall be made by a crossed pay order cheque in favor of Name of Service provider or through net banking / NEFT / RTGS etc., as mutually agreed from time to time.

The Service Provider do hereby authorize PAALKI to collect any payments against the Services and to make such payments to the account as provided and consented to PAALKI by the Service Provider from time to time. PAALKI hereby disclaims all liabilities which may arise from all obligations under this clause as the acts will be performed as per the prior and voluntary consent provided by the Service Provider in own discretion. The Service Provider have no objection on any of the abovementioned commercial transactions with PAALKI.

Before making payments to the Service Provider, PAALKI shall be entitled to deduct commission or its own service charges including the deduction of Taxes at source.

The Service Provider acknowledges and agrees that in the event, any Tax proceedings are initiated against PAALKI, the Service Provider shall fully cooperate with PAALKI by furnishing the relevant information related to the supply provided to PAALKI on a timely basis as may be required by PAALKI. Furthermore, all the damages and other costs incurred by PAALKI due to any fault of the Service Provider, the Service Provider shall indemnify PAALKI for all such damages and other costs.

The Fees payable to the Service Provider is exclusive of all applicable central, state and other Taxes at the time of execution of this Agreement. and

The Service Provider shall be solely responsible to pay the Taxes or any other applicable taxes with respect to the provision of Services provided to PAALKI

SERVICE PROVIDER’S OBLIGATIONS

Each Person hereby obligates that:

The Service Provider shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, the Service Provider are prohibited from selling, trading, or otherwise transferring Your Account to another party.

Service Provider hereby provides consent to PAALKI to access, use or share data and information including but not limited to location information, contacts information, transaction information, usage and preference information, device information, call and SMS data and Log information related to subscription to PAALKI’s platform. The Service Provider expressly confirms that some of the call related information may be personal in nature.

The Service Provider is capable of entering in the present Agreement, pursuant to the Indian Contract Act, 1872 and is not below the age of 18 years as on the Effective Date.

All Service Provider Information provided shall be true and correct and no information that could impact the Service Provider’s performance to render Services pursuant to these Service Provider T&C and shall not be hidden from PAALKI anytime during the subsistence of these Service Provider T&C.

The Service Provider has not been convicted by any court in India or any other country of any crimes including but not limited to involving moral turpitude. Further, the Service Provider is not a party to any pending litigation, which shall materially affect Your obligations under these Service Provider T&C.

all licenses, permits, approvals and authority applicable to the Vehicle utilized by You that are necessary to provide Services.

the appropriate and current level of training, expertise and experience to provide the Services in a professional manner with due skill, care and diligence.

You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.

You shall not use PAALKI Platform’s information but not limited thereto (“Confidential Information”) for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

10.

You shall ensure all obligations related to a comprehensive insurance including without limitation insurance of Vehicles, third party, goods, driver, customer etc. to meet any accidental eventuality etc. and the hirer/consignor/consignee shall not be liable for anything whatsoever.

11.

The Service Provider also shall furnish all the details including the drivers as per Annexure B and/or C for security reasons and ensure that the Service Provider is registered with PAALKI.

12.

The Service Provider shall ensure that the customer pays the Vehicle fare (as displayed in the installed technology firmware and/or Platform, or that is otherwise agreed upon by PAALKI and the Service Provider at the time of hire), parking charges, additional night surcharge (where applicable) and any fee or levy presently payable or hereinafter imposed by law or required to be paid for hiring the Vehicle (for cash bookings). Toll charges will be payable by the customer (whether by way of cash or credit, as previously agreed between PAALKI and Service Provider) as applicable, when the Vehicle that is in use and hired by the customer through PAALKI crosses a toll post.

13.

The Service Provider will have a functioning mobile number and also have the ability to read and send SMSs from PAALKI, regarding the customer details, kms and time reading, amount paid by the customer and to convey customer feedback. Service Provider shall maintain all documents pertaining to the personal details and where about so fall.

14.

In case any Service Provider wants to go on leave, Service Provider will inform PAALKI at least 3 days in advance and the Service Provider shall provide a placement driver for the duration of absence with a separate enrolment under the Platform. The replacement driver must undergo the required training, at the Service Provider’s cost, and as per PAALKI’s set quality standards.

15.

The Service Provider will be maintaining certain standard ratings on the Platform which will be depending upon the transparent process and parameters of PAALKI, failure to adhere with the rating process will have an impact in the Services which will be solely decided by PAALKI from time to time.

16.

During the Services are performed, the Vehicle shall not be pilfered or tampered with and the same shall be reported immediately by the Service Provider directly to PAALKI.

17.

The Service Provider must be aware of the prominent destinations and routes, both outside and within the Branch Location.

18.

Any discounts given to the customer, if any, will be decided by PAALKI based on a case-to-case basis and Service Provider shall agree to the same without demur or protest.

19.

The Service Provider shall ensure and shall be solely responsible to ensure that before the Pickup, the device/phone is available for the passenger and PAALKI. The Service Provider’s phone should not be busy for long, unavailable or switched off. Doing this will lead to deductions in the amounts to be paid to Service Provider by adjusting the discounts given to the passenger with the amount to be paid to Service Provider. Such deductions may extend up to any quantum of the amounts to be paid to the Service Provider. and

20.

The Service Provider shall be liable for all claims and demands raised by any third party at all times in respect of the Vehicle (owned or hired) whichever the case may be. PAALKI does not verify the details of the Vehicle used by the Service Provider. In case of any claims as to the title of the Vehicle between the registered owner of the Vehicle and the Service Provider, PAALKI shall not be held responsible for such disputes. All such disputes must be met by the Service Provider and must indemnify PAALKI in case of the loss of brand value, goodwill, loss of business, direct or indirect claims, claims from accident and/or offenses under the applicable laws, etc. situations during the term of this Agreement.

RELATIONSHIP

The relationship between the parties is that of independent contractors and/or workers. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employer-employee, agency, or other relationship between the Parties. The Service Provider shall have no right to exercise control over PAALKI’s performance of its obligations under this Agreement and PAALKI shall not have, and shall not represent that it has, any right or authority to bind the Service Provider, or to assume or create any obligation or responsibility, express or implied, on behalf of Service Provider.

The Service Provider covenants that all Persons assigned by the Service Provider (not by way of transfer) to perform Services under this Agreement shall be employees or contractors of Service Provider or its affiliates and under no circumstances shall such persons be deemed to be employees of PAALKI.

SUB-CONTRACTING

The Service Provider shall not sub-contract any part of the Services under this Agreement to any third party without prior written consent of PAALKI. Notwithstanding any such sub-contracting, if consented by PAALKI, the Service Provider shall remain primarily liable and always obligated to PAALKI hereunder.

ASSIGNMENT

Subject to clauses of this Agreement, PAALKI may assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of the Service Provider.

INTELLECTUAL PROPERTY OWNERSHIP RIGHTS

Except as expressly set forth herein, as between the Parties, PAALKI shall remain the owner of all intellectual property that it owns or controls as of the Effective Date or that it develops or acquires thereafter. Nothing in this Agreement will function to transfer any of either party’s intellectual property rights to the other party and each party will retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement.

INDEMNIFICATION

The Service Provider shall indemnify PAALKI 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 in general and any provision which forms a part of this Agreement, demands, actions and proceedings, which PAALKI may incur or sustain directly or indirectly from any breach by Service Provider of its obligations here under or any breach of Service Provider’s representations and warranties, or by any reason, or in real action to the provision or proposed provision of the services by Service Provider and Service Provider shall forthwith pay all such sums forthwith on demand by PAALKI in writing.

Notwithstanding any other provisions of this Agreement, the Service Provider shall be liable to PAALKI for indirect, special, or consequential damages arising out of or in connection with the provision of Services under this Agreement.

The Service Provider agrees that in the event of any loss or damage to the PAALKI, that is from the time they are entrusted to the Service Provider till they have delivered the requisite services to the PAALKI, due to any reason whatsoever, except for Force Majeure, the Service Provider shall make good the loss, costs, charges, and expenses that the PAALKI may suffer or incur in accordance with the terms of this Agreement.

Indemnify PAALKI in accordance with the provisions of this Agreement. and

The Service Provider shall be solely liable for all offences and penalties relating to the Services.

LIMITATION OF LIABILITY

To the extent permissible under applicable laws, PAALKI is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the Applicable Laws in respect of the use of the Platform or providing the Services. (b) of the terms of the applicable licenses and permits that are issued by the transport authorities. (c) of the terms of these T&Cs. or (d) of the duty of care the Service Provider owes to the users of the Platform.

PAALKI’s maximum liability to the Service Provider in any event, which includes any failure by PAALKI under this Agreement, shall be restricted and limited to a maximum amount of INR 200 (Indian Rupees Two Hundred Only) in the aggregate during the Term.

There will be no limitation of liability on the part of the Service Provider at any point of time due to any indemnity provisions as contained in this Agreement.

FORCE MAJEURE

Force Majeure Event:

A “Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:

acts of God, flood, drought, earthquake or other natural disaster.

epidemic or pandemic.

terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations.

nuclear, chemical or biological contamination or sonic boom.

any law or any action taken by a Governmental Authority or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent.

collapse of buildings, fire, explosion or accident.

any labor or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party).

non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause). and

interruption or failure of utility service.

Effect of a Force Majeure Event:

Provided it has complied with this clause, if a Party is prevented, hindered, or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The corresponding obligations of the other Party will be suspended, and it’s time for performance of such obligations extended, to the same extent as those of the Affected Party.

Obligations of an Affected Party:

The Affected Party shall:

as soon as reasonably practicable after the start of the Force Majeure Event but no later than 3 days from its start, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the Agreement. and

use all reasonable endeavors to mitigate the effect of the Force Majeure Event on the performance of its obligations.

Right to terminate in case of a Force Majeure Event:

Without prejudice to clause (Term and Termination), if the Force Majeure Event prevents, hinders, or delays the Affected Party’s performance of its obligations for a continuous period of more than 3 days, the Party not affected by the Force Majeure Event may terminate this Agreement by giving a written notice to the Affected Party.

SURVIVAL

Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of this Agreement shall be deemed to survive the cancellation or termination of this Agreement. Such terms and conditions include, but are not limited to, Term and Termination, Representations and Warranties, Relationship, Intellectual Property Ownership Rights, Indemnification, Governing Law, Dispute Resolution, Severability and Disclaimer.

GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of India, without regard to the principles of conflict of laws.

DISPUTE RESOLUTION

PAALKI hereby disclaims and shall disclaim all representations and warranties to the customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability, Vehicle and all ancillary matters related to it and fitness for any purposes in respect of any and all the Vehicles of the Service Provider that are used by the customer as a part of the service offered by PAALKI.

PAALKI does not warrant that You will be able to use PAALKI’s Platform and/ or will be able to provide the Services at all times or locations on PAALKI Platform or that PAALKI Platform and the Platform Services will be uninterrupted or error-free or that the defects will be capable of being corrected by the PAALKI in a timely fashion. The Platform Services, Platform, Device, the output generated there from, and all other technology developed by PAALKI are provided to you on an “AS IS” and “AS AVAILABLE” basis and PAALKI specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness