INTRODUCTION

The Terms constitute an agreement between by Reliance BP Mobility Limited (“RBML” “we”, “us” or “our”), which operates the Platform and any natural or legal person who accesses and/or uses Platform in any manner whether through manual or automated means including persons browsing the Platform (“you” or “your”) or uses any current or future services provided by/on the Platform, as updated from time to time. By using the Platform, you agree to comply with these Terms, which may be amended and updated from time to time. You acknowledge that you are solely responsible for reviewing these Terms from time to time. If any version of these Terms is provided in a language other than English, it will be for convenience only, but the English version of the Terms will govern the relationship.

THE PLATFORM AND ITS TERMS

• We may change, modify, amend, or update these Terms 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. We will undertake all commercially reasonable efforts to provide intimation of the changes, modifications, amendment or updates to these Terms. If you do not agree to the changes, you must stop using the Platform, and convey the disagreement to RBML at the earliest. Your continuous use of the Platform will signify your acceptance of the changed terms and deemed acceptance of the amended Terms. 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.
• You understand that we do not control, endorse and are not responsible for any user generated (i) ads, directory information and business listings/information, (ii) messages between users, including without limitation e-mails sent from outside our domain or other means of electronic communication, whether through the Platform or another third party website or offerings, (iii) comments, user postings, chats, board messages, files, images, photos, video, sounds, business listings/information and directory information or (iii) any other material made available through the Platform ("Content"), and that by using the Platform, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable, of which we expressly disclaim all liability. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Platform.
• We do not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and we expressly disclaim all liability in connection with user Content on the Platform. We expressly do not permit copyright infringing activities and infringement of intellectual property rights on the Platform, we may, at our sole discretion, remove any infringing Content in our discretion. We may also terminate access to the Platform if a Person is found to be indulging in any act contrary to these Terms. We reserve the right to decide whether any Content is appropriate and complies with these Terms. We reserve the right to remove any Content without prior notice.
• Unless you notify us of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from us and our designated in-house or third-party call team(s). We provide easy ways to opt out of from future solicitations: by using the opt out link found in any email solicitation that you may receive or by sending your email address to: Service.Freight4U@Jiobp.com.

INTELLECTUAL PROPERTY RIGHTS

• RBML is the sole owner or lawful licensee of all the rights to the Platform. The Platform content includes its design, layout, text, images, graphics, sound, video etc. The Platform content may contain trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in the website and its content shall remain with RBML, its affiliates or licensor's of RBML content, as the case may be.
• The information contained in respect of the Platform on the Platform is intended, solely to provide general information for the personal use of the user, who accepts full responsibility for its use. We do not represent or endorse the accuracy or reliability of such information, distributed through, or linked, downloaded or accessed from the Platform, or the quality of any services, 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 Platform.
• We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on the Platform is provided on an ‘as-is’ basis and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. We do not guarantee completeness, accuracy, timeliness or of the results obtained from the use of this information. In no event shall we be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Platform.

LINKS TO THIRD PARTY WEBSITES

• Links to third party sites are provided by Platform as a convenience to user(s) and we have no control over such sites i.e., content and resources provided by them.
• We 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. The user(s) acknowledge that RBML has no control over such third party's site, does not monitor such sites, and RBML 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. You shall review RBML’s Privacy Policy and abide by the same at the time of your use of the Platform.

TERMINATION

RBML reserves the right to terminate access to certain areas or features of the Platform at any time for any reason, with or without notice. RBML also reserves the universal right to deny access to particular users to any/all of its Platform without any prior notice/explanation in order to protect the interests of RBML and/or other visitors to the website. RBML reserves the right to limit, deny or create different access to the Platform and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.

YOUR CONDUCT

1. You agree not to post, email, host, display, upload, modify, publish, transmit, store, update or share any information on the Platform or website, or otherwise make available Content:

   • That violates any applicable law;
   • That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant us all of the license rights granted herein;
   • That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
   • That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment;
   • That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
   • That includes personal or identifying information about another person without that person's explicit consent;
   • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
   • That is false, deceptive, misleading, deceitful or misinformative;
   • That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
   • That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
   • That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
   • That employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted on the Platform;
   • That belongs to another person and to which you do not have any right;
   • That deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   • That is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

2. You further agree that:

   • You shall not disguise the origin of information transmitted through the Platform. You will not place false or misleading information on the Platform;
   • You will not use or access any service, information, application or software available via the Platform in a manner not expressly permitted by RBML;
   • You will not use the Platform for any purpose(s) that is unlawful or prohibited by the Terms or other than as expressly permitted by these Terms or in contravention of applicable laws. You will use the Platform in the manner as provided for in these Terms;
   • You will not input or upload to the Platform any information which contains viruses, or other computer programming routines that are intended to damage, disable, overburden, interfere with, intercept or expropriate the Platform or its systems;
   • You will not put any Content on the Platform that infringes the intellectual property rights of another;
   • You will not engage in any form of disrupting, or destructive acts, including “spamming”, “flooding”, “scrapping” and “grieving” as those terms are commonly understood and used;
   • You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform;
   • Certain areas of the Platform are restricted as determined by RBML. You shall not attempt to gain unauthorized access, through hacking, password mining or any other means, to any section, including the Platform and connected systems or networks which is restricted to you;
   • You shall not use or access the Platform in any way that, in RBML’s judgment, adversely affects the performance or function of the Platform;
   • You shall not frame or utilize framing techniques to enclose any portion or aspect of the content or the information;
   • You will not misrepresent or embellish the relationship between RBML and you by expressing or implying that RBML is either related or that RBML supports, sponsors, endorses or contributes to you;
   • You will not delete or modify any content of the Platform, including but not limited to, copyright or trademark symbols, logos, that you do not own or have express permission to modify.
   • Users of the Application are well acquainted with the fact that, the current Application was designed and formulated to cater to aforementioned audience/parties , i.e , Demand Partners/Shipper /King, Driver/ Driver Application/ Saarthi and Supply Partner/Transporter/ Vahan Malak. Thus by accepting the Terms and conditions laid down here, it shall be , in its strictest sense be deemed that, Shipper , Driver and Transporter as the case may be, shall have stern abstinence from accepting or entertaining a consignment which comes under the ambit of Prohibited Goods * as laid down in the prevalent statutes/Legislations. *Illustration/Examples of Prohibited Goods enlisted below, which is indicative and same shall increase as the case may be;
     • Chemicals and drugs (provided however, such shipments may be accepted if they do not fall under the category of Hazardous Goods (as defined herein) and the Customer provides a declaration in writing to the effect that the contents are harmless and non-inflammable); precious cargo in the form of gold, bullion, silver, jewellery, gems, precious stones and other precious metals, currency notes, traveller’s cheques, antiques, stamps; live-stock, human remains, firearms, drugs, lewd, obscene or pornographic materials; items the carriage of which are prohibited under Applicable Law; Alcohol, liquor, or spirits; and any items as may be notified by RSIL from time to time to be restricted, banned, hazardous, dangerous and/or otherwise prohibited for carriage (“Hazardous Goods”).
     • Precious cargo in the form of gold, bullion, silver, jewellery, gems, precious stones and other precious metals, currency notes, traveller’s cheques, antiques, stamps;
     • Live-stock, human remains, firearms, drugs, lewd, obscene or pornographic materials;
     • Items the carriage of which are prohibited under Applicable Law;
     • Alcohol, liquor, or spirits; and
     • Any items as may be notified by RSIL from time to time to be restricted, banned, hazardous, dangerous and/or otherwise prohibited for carriage (“Hazardous Goods”).

PAYMENT FOR SERVICES

Upon any of your potential transactions being approved, you may be redirected to a third-party payment processing site to make payment through various channels including net banking, UPI, debit card and credit card (“Payment Gateway”). Please note that cash payments are not acceptable on the Platform. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.

You have the ability to provide us your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of GST charged. In case you fail to provide us with your GSTIN details, we will assume that you are not registered with the GST authorities, without independently verifying your registration status.

Unless otherwise mentioned on the website/mobile application, prices indicated are exclusive of applicable taxes.

ACCESS TO THE PLATFORM

We hereby provide you a limited, revocable, non-exclusive license to access and use of the Platform for business use only in accordance with the Demand Partner Agreement and Supply Partner Agreement (as may be applicable), save and expect for the Website, which is freely accessible by everyone subject to the Privacy Policy and these Terms. The Platform is presently not for personal or retail users. Use of the Platform beyond the scope of authorized access as set forth in these Terms may lead to termination by us with/ without notice. . In addition to the above, Users as per their free will and volition upload their Data on this app , which will be including but not limited to KYC details and by uploading the requisite data as called for, users are well acquainted and give their assent that, the data once uploaded and submitted on the application cannot be deleted till the lawful purpose of such withholding or retention of data is not exhausted or the consent by the data principal thereby is not withdrawn, whichever is earlier, and such act shall not under whatsoever circumstances attract or, will be deemed as breach of provisions of IT ACT,2000 or any other statute for that matter and Rules thereby and cannot be deemed in anyway as breach of privacy. The rationale behind or the lawful purpose for which data retention by all means becomes mandatory that, the data shared / uploaded as mentioned supra has/have direct nexus with annual Audit of the company’s financial transaction , payment and receipt of GST and to mitigate contingent legal impediments. Therefore data so collected as mentioned supra shall be retained for a minimum period of 7 years or as the case may be.

INDEMNITY

You shall defend, indemnify and hold harmless RBML, its officers, directors, agents, employees, subsidiaries, investors, shareholders, affiliates, successors, assigns, service providers, suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advisors fees) arising from (i) your use of and access to the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This indemnity shall be applicable during your use of the Platform and thereafter for the period you used the Platform.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by RBML without notice or restriction. Any assignment or transfer by you shall be null and void.

GENERAL INFORMATION

1. The Terms and the relationship between you and RBML shall be governed by the laws of the India. Any claim you may have against RBML must be submitted to the exclusive jurisdiction of the courts of Mumbai, India.
2. Force Majeure: RBML will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
3. Cessation of Operation: RBML may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
4. Effect of Waiver: The failure of RBML to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
5. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
6. Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.

LIMITATION OF LIABILITY

RBML’s LIABILITY IN LAW OR IN EQUITY FOR ANY CLAIM ARISING OUT OF THE PROVISIONS OF THIS TERMS OF USE, PRIVACY POLICY, DEMAND PARTNER AGREEMENT OR SUPPLY PARTNER AGREEMENT OR ANY BREACH THEREOF SHALL BE LIMITED IN ACCORDENCE WITH CLAUSE 6 (RBML’S LIABILITY) OF THE DEMAND PARTNER AGREEMENT AND/OR CLAUSE 9 OF SUPPLY PARTNER AGREEMENT.

RBML WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THESE TERMS, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE PLATFROM (2) THE COST OF PROCURING SUBSTITUTE SERVICES; (3) ANY SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; OR (4) ANY LOST PROFITS YOU ALLEGE.

DISCLAIMER

1. Platform and its features are provided on “as is” and “as available” basis.
2. To the extent not prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, RBML:
   • make no representations and warranties of any kind, express or implied regarding the operation of the Platform or information, contents, materials, prices or products included on this Platform;
   • disclaim all warranties, including any implied or express warranties of non-infringement, fitness for a purpose, effectiveness, completeness of the information or data furnished, accuracy, content, timeliness, sequence, or that the data/information provided hereunder and on the Platform and reliance thereupon;
   • makes no representations and warranties that the Platform will be error free or uninterrupted or accurate or complete.
3. You expressly agree to use this Platform at your sole risk. RBML reserves its rights to withdraw or delete any information from this Platform at any time and on its discretion.
4. The Platform may be under constant upgrades, and some functions and features may not be fully operational.

NOTIFICATION OF CHANGES

We reserve the right to change these Terms from time to time, and at our sole discretion. We may send you a notice regarding material changes to these Terms, including the Privacy Policy or the Platform. You should make note of the "last updated date" at the beginning of the Terms. With this information, you should be able to identify if the Terms have been updated recently.

CONTACT US/SUPPORT

If you have questions about these Terms, please contact us at Service.Freight4U@Jiobp.com.

GRIEVANCE OFFICER

If you have any grievance with respect to the Platform or any questions on these Terms, you can contact our grievance officer at:

• Name: Freight4U Grievances Team
• [Address]: Dhirubhai Ambani Knowledge City, Midc Industrial Area, Bld. 24, A Wing, 1st floor, Kopar Khairane, Navi Mumbai, Maharashtra, India – 400710
• Email: GrievanceOfficer.Freight4U@Jiobp.com