Thank you for using the Medifleet website ("Website") and services. These Terms of Use, along with the Medifleet Privacy Policy ("Terms of Use"), apply to all users of the website when visiting, browsing, accessing data, placing orders, uploading or downloading documents, and using the website in any other way. By using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You must agree to these Terms of Use in order to access and use the website. If you do not accept these terms or are unable to be bound by them, you may not use the services. Scope of these terms These Terms of Use govern your activities when using the Medifleet website and its contents. The following General Terms of Use apply to all services provided by Medifleet to users of this website, whether as a customer, healthcare provider, or in any other capacity. Medifleet offers a platform through this website that allows users to connect, compare, place orders, or enter into contracts for medical goods or services transportation. Any deviations from these conditions are only binding if confirmed in writing, and these General Terms of Use will apply to all additional or revised services. User's Obligations As a user, you agree not to: - Use the services to gain unauthorized access to the website, systems, networks, or data; - Violate any applicable laws or regulations; - Upload or make available any content that you do not have the right to share or that infringes on any patent, trademark, copyright, or other proprietary rights of any person or entity; - Introduce viruses or any other malicious computer code, files, programs, or content designed to disrupt or limit the functionality of the website or affect other users; - Interfere with or disrupt the website or its servers, systems, or networks in any way. Confidentiality Medifleet shall not be liable for any direct, indirect, special, consequential, or other damages arising from the use of this website or any information or images contained therein. Each party is obligated to treat any non-publicly accessible data and information as confidential and to use them exclusively for their intended purpose. The confidentiality rule does not apply to data and information that must be disclosed to third parties, particularly public authorities, due to legal obligations. In such cases, the other party will be promptly informed. Limitation of Liability and Warranties Medifleet: - Shall not be responsible or liable for the pricing and payment terms of contracts entered into between customers, healthcare providers, transport contractors, and agents using this website as a platform; - Shall not be responsible or liable for any disputes arising between customers, healthcare providers, or drivers regarding the quality, quantity, packaging, or any other aspect of medical goods or services transported through this website; - Shall be held harmless from any and all claims, losses, damages, liabilities, costs, and expenses, including legal fees and expenses, resulting from the use or misuse of the services or the website, any violation of these Terms of Use by the user, or any breach of the representations, warranties, and covenants made herein; - Shall not be liable for any delays in pickup, delivery, or arrival, or for any waiting charges. If customers choose to procure the freight without pickup or delivery services, they are responsible for delivering the shipment to the designated drop-off or pickup point; - Shall not be responsible for the goods or services or the terms on which they may be procured or availed through this website. Customers should carefully evaluate the goods or services and their terms before procuring or availing them; - Shall not be responsible for any loss, damage, deterioration, pilferage, theft, accident, natural calamity, or similar causes affecting the goods involved in transportation; - Shall not be liable for the conduct of drivers operating the vehicles. Users may report complaints against drivers hired through this platform; - Shall not be liable for any performance issues related to services previously agreed upon by the user parties; - Shall charge a cancellation fee to the load owner if they refuse to load the shipment when the vehicle reaches the designated destination specified by the load owner, provided that the load owner had booked the service and paid the advance to Medifleet; - May request feedback from users regarding the services they have availed from listed vehicle users; - Reserves the right to withhold the user's money in case the user engages in any fraudulent or malicious behavior on the platform. The user must credit the exact amount transferred by Medifleet within 10 (ten) days of such a request. Failure to do so may result in Medifleet pursuing legal action against the user. Users of the website acknowledge and agree that they are responsible for checking the contents, packing, sealing, addressing, labeling, and handling of the goods, as well as providing shipping instructions or waybills. Intellectual Property The Medifleet name and logo, along with any other trademarks, service marks, graphics, or logos used in connection with the website, are the trademarks of Trade Kart Digital Pvt Ltd. Other trademarks, service marks, graphics, and logos used in connection with the website are the trademarks of their respective owners (collectively "Third Party Trademarks"). The Medifleet Trademarks and Third Party Trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. The website and its content are protected by copyright, trademark, patent, and other intellectual property and proprietary rights owned by Trade Kart Digital Pvt Ltd and its licensors. Indemnity and Limitation of Liability If any loss or damage occurs to Medifleet due to your failure to provide correct information or your engagement in any activity on our platform that violates applicable law in India, you shall indemnify us from such damage or loss. By accepting these Terms of Use, you agree to be bound by them and to fully indemnify us if you breach any provision herein. You agree that we shall not be liable for any illegal or offensive conduct of any third party on our platform. Furthermore, we shall not be liable for any delays or inaccuracies in the information provided by any third party on our platform. Any transactions between you and a third party on or through our platform, including the delivery of products or services, payment, and conditions, shall be solely between you and the third party. We shall not be liable for any damages or losses arising from such transactions. General Law and Jurisdiction Except as otherwise specified in these Terms, these Terms shall be governed by Indian laws, and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute arising under or in connection with these Terms. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, such provision or part will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Amendment to the Terms of Use We may amend or modify the Terms of Use from time to time. Any changes to these Terms of Use will become effective upon posting the revised Terms on the website. No separate communication will be sent to notify you of such changes. We recommend that you regularly review the Terms of Use to stay informed of any updates. Miscellaneous The Terms of Use do not create a partnership or agency relationship between you and us. Each obligation in these Terms of Use is separate from the others. If any court or relevant authority decides that any of them are unlawful, the remaining obligations will remain in full force and effect. These Terms of Use, including any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Please contact us if you have any questions or concerns regarding these Terms of Use. Last Updated: 18th-June-2023