This Terms of Service Agreement (the "Agreement") describes the terms by which New Olog Logistics Pvt. Ltd, a Company incorporated under the Companies Act, 2013 with its registered office at HIG 1033, 6th Main Rd, Mogappair Eri Scheme, Mogappair West, Chennai-600037, Tamil Nadu, India, doing business as "FR8" (hereinafter referred as "FR8") offers to you, as a Customer, access to its websitewww.fr8.in and the associated mobile software application platform owned and operated by FR8 (hereinafter referred as "FR8 Platform"). FR8 provides an online platform to provide Goods Transport services by Road with Trucks of Truck Owners (hereinafter referred as "Partners") for the transportation service whereby Customers can submit a request for the transportation of goods (hereinafter referred as "Orders"). Partners can accept Loads, and both Customers and Partners can track the status of the Loads. FR8 does not assess the suitability, legality, regulatory compliance, quality or ability of any Customer or goods scheduled through the use of the Service, and FR8 makes no warranty regarding the same.

This Agreement sets forth the terms for use of the Service by Customers. By signing up and registering with FR8 or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. In the event any separate contract or like document governs or otherwise impacts the parties' rights, obligations or relationship, this Agreement shall govern to the extent it does not conflict with the terms of any such other contract or like document.

YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.

IF YOU DO NOT AGREE, YOU SHOULD DECLINE THIS AGREEMENT, IN WHICH CASE YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.

Transportation Requests

You may submit the transportation requests to FR8 platform through any of the booking options available. You must provide the following information as part of requesting a transportation service:

1. The origin and destination addresses for the load;
2. The requested dates for pickup of the load;
3. The material type of the load being transported as part of the transportation service;
4. The specific truck type requirements; and
5. Any other information necessary for transportation of the cargo.

Once FR8 accepts an order for posting, the order details will be shared to the FR8 authorised Partners. You may cancel an order any time before a Partner accepts it. A truck owner may view a list of the orders available to it at any time and accept orders through FR8 platform. Once a Partner accepts an order, he/she will be assigned to perform transportation services related to the order. Upon a partner's acceptance, FR8 will notify you that the order has been accepted. FR8 does not guarantee that an order will be accepted by any truck owner.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing / shipping requirements should fall within the country's legal framework.

You also agree that

1. You will not use the Service to transport hazardous materials;
2. You own the transported goods or have all necessary rights to transport it;
3. You agree that FR8 will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo;
4. You are solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo; and
5. Your requested pick-up and delivery dates and hours will not require a partners to violate hours of service regulations under applicable law.

Lorry Receipt

Customers whose services are engaged hereunder are instructed to issue a consignment note or lorry receipt (LR) and to upload copies of those on FR8 platform. Customers are instructed not to name FR8 as either a consignor or consignee on any lorry receipt.

Proof of delivery

Once a shipment is completed, the truck owner is instructed to post to the FR8 platform a proof of delivery signed by the authorized recipient. Partners can and send customers any questions or concerns regarding the Shipment.

Payment

For all transportation deals on FR8 platform, the customer has to pay an advance either accepted partial payment or full payment for each booking as displayed on FR8 platform. The final / balance payment needs to be done within 7 days of invoicing of the final bill.

Standard Halting Charges

Refund Policy

If FR8 is unable to provide a booked truck for your shipment, you are entitled to a full refund of the freight charges paid. This refund will be issued to the original payment method used at the time of booking and processed within 7-14 business days. The refund process is automatic. In case of any enquiry for request for a refund, please contact our Customer Support via the platform or email us at accounts@fr8.in.

Cancellation Policy

Cancelation charges to be paid based on to and fro KM travelled plus halting charges for the days the truck has waited at loading point. For example if a truck has travelled 20 Km. KM Charges to be paid for 40 Km as it has to come back. Km Charges are given below.

32 ft MXL Container/18/16/14/12W Open	32 ft SXL Container/10W Open	20/22/24 Ft Container / 6W Open Truck
₹30 per KM	₹25 per KM	₹20 per KM

Invoicing

For all services through the FR8 platform, FR8 will generate a digital invoice for each trip, and the same will be available on the application.

1. If the customer is categorised as GTA (Goods Transport Agents) (GST registered/ Unregistered) then Bill of supply will be shared under GST exempted category with SAC code 996601 - Services by way of giving on hire.
2. If the customer is categorized as Shipper/ Manufacturer (GST registered) then Tax invoice will be shared under GST 5% on RCM (Reverse Charge mechanism) with SAC code 996511 - Services provided by a goods transport agency.
3. If the customer is categorized as Shipper/ Manufacturer (GST Unregistered) then Tax invoice will be shared under GST 5% on FCM (Forward Charge mechanism) with SAC code 996511 - Services provided by a goods transport agency.

In terms of Rule 48(4) read with CGST Notification No. 13/2020 dated 21.03. 2020, GTA is exempted from complying with e-invoicing requirements even if their aggregate turnover in any of PY's exceeds the prescribed threshold of issuing e-invoice [i.e. INR 5 Crores w.e.f. 01-08-2023].
Signature or digital signature of the supplier or his authorised representative shall not be required in the case of issuance of an electronic invoice, bill of supply, ticket, memo or any such document in accordance with the provisions of the Information Technology Act, 2000.

Taxes

Any Hire charge tax deductions (TDS) from payment need to be adjusted from the balance payment only, and related declarations, documentation for the same would be managed between the Customer & FR8 directly.

Confidentiality/ Non-Disclosure

As a result of the performance of this arrangement and whether due to any intentional or negligent act or omission, FR8 may disclose to its customer or customer may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of FR8's business ("Our Information"). Customer hereby agrees and acknowledges that any of our information is confidential and shall be FR8's sole and exclusive intellectual property and proprietary information. Customers agree to use such Information only for the specific purposes as allowed by the performance of this arrangement. Any disclosure of such Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. Furthermore, Customer acknowledges that such information is proprietary, confidential and extremely valuable to FR8, and that FR8 would be materially damaged by Customer's disclosure of FR8's Information. Customer acknowledges and agrees that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that New Olog shall be entitled to injunctive relief.

Limitation of Liability

FR8 shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, whether based on warranty, contract, product liability or any other legal theory, and whether or not FR8 has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
FR8's liability in event of loss / damage, penalties to the consignment would not exceed 10% of total trip hire value or Rs 15,000 (whichever is lower). In no event shall FR8 be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use. For any insurance claim filed by either original consignee or customer through their own insurance policies, FR8 may assist in required documentation completion. Decision on this would be taken on a case-to-case basis by FR8.

Jurisdiction & Dispute Resolution

All disputes arising from or in connection with our business relationship shall be settled under Arbitration by sole Arbitration appointed by FR8. The award of the said Arbitrator shall be final and binding on both FR8 and Customer. The parties herein shall bear the arbitration charges equally and the arbitrator shall be empowered to pass any interim order any time during such arbitration. The arbitration proceedings shall be in English language and conducted as per the provision of The Arbitration and Conciliation Act 1996. The venue of arbitration will be at Chennai.