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Terms OF USE

  

THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

 THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN FREYTO AND CUSTOMER (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN FREYTO AND CUSTOMER FOR THE USE OF THE FREYTO (DEFINED BELOW).

 
 


This website, www.freyto.com and Freyto-branded mobile application and services (hereinafter referred to as "Freyto" or “Freyto Platform”) is owned, and promoted by Phygitr Technologies Private Limited (hereinafter referred to as “Phygitr”), a company incorporated in India under the Companies Act, 2013 and having its registered office at 7-2-1669, Survey No. - 44,45,5 Sanath Nagar Hyderabad TG 500018 India.

These Terms of Use is a contract between You and Freyto. These Terms of Use shall be read together with the Privacy Policy or other terms and condition with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as “Agreement(s)”) constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO FREYTO AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.

Freyto’s mission is unify logistics by connecting shippers and carriers and allow them to be more productive and successful. We are committed to be transparent about the data we collect about you, how it is used and with whom it is shared.

This Privacy Policy applies when you use our Services (described below). We offer our users choices about the data we collect, use and share as described in this Privacy Policy.

Our registered users (“Customers”) share their business identities, engage with their network, post and find logistics business opportunities, book and track shipments and trucks, exchange information and documents, make payments, and post and view relevant content. Content and data on some of our Services is viewable to non-members (“Visitors”). Customers (“Customers”) and visitors (“Visitors”) (cumulatively referred to as “you” or “your” or “Users” hereinafter) subject to the terms and conditions, the privacy policy set out in this Privacy Policy, and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the Freyto.

This Privacy Policy applies to Freyto.com, Freyto-branded apps, Other Freyto-related sites, apps, communications and services (“Services”), including off-site Services and plugins, but excluding services that state that they are offered under a different privacy policy.

1. Customer Eligibility

Only Users who are 18 years of age or older may use the Services.

2. Account Security and Confidentiality

Customers can access Freyto services by registering a user account (“Account”) on Freyto by submitting certain information. Customers shall be responsible for maintaining the confidentiality and security of the Account and are fully responsible for all activities that occur under the Account. Freyto cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

Customers agree that Freyto shall in no event be liable for any direct, indirect, special, consequential or other damages arising out of the use of this app or any information or images contained therein, including without limitation, lost profits, business interruption and loss of programs or other data. Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended.

The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.

3. Customer’s Obligation

The Customers agree not to:

· Use the services to obtain unauthorized access to the services, systems, network or data.

· Violate any applicable laws or regulations.

· Make available any content that you do not have the right to make available or that infringes any patent, trademark, copyright or other proprietary rights of any person or entity.

· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

· Conduct or forward surveys, contests, pyramid schemes or chain letters.

· Any information provided by You on this site shall not be misleading in any way

· Make available viruses or any other computer code, files, programs or content designed to interrupt destroy or limit the functionality of the services and affect other Customers.

· Interfere with or disrupt the services or servers, systems or networks connected to the services in any way.

· Use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website;

· Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

4. Services

Freyto provides a platform wherein Shippers and Carriers (“Customers”) can communicate with each other through chatting, broadcasting messages and information or any other channel provided on the platform. 

5. Limitation of Liability and Warranties

Freyto only provides a platform where customers can communicate with each others. The transactions are directly done between customers and Freyto is not involved in it. Freyto:

  • Shall      not take responsibility or liability for the pricing and payment terms of      contract entered between shippers and carriers using or without using Freyto.
  • Shall      not take responsibility or liability for any dispute arising between shipper      and carrier or driver regarding quantity, quality, packing, assembling,      etc. of goods conveyed with the help of Freyto.
  • Shall      be harmless from any and all claims, losses, damages, and liabilities,      costs and expenses, including without limitation legal fees and expenses,      arising out of or related to use or misuse of the services or of the app,      any violation by user of these Terms of Use, or any breach of the      representations, warranties, and covenants made herein.
  • Shall      not be liable for any late pickup, late delivery, early arrival, early      delivery any waiting charges. Carriers themselves are responsible for      delivering the shipment to the designated drop-off and/or pickup point.
  • Shall      not be responsible for goods or services or the terms on which services      may be procured or availed using this application as a platform. If Customer      chooses to procure or avail such goods or services, user should carefully      evaluate them and the terms upon which you are availing them.
  • Shall      not be responsible for any natural loss, damage, deterioration of goods      involved including on account of pilferage, theft, accident, natural      calamity or any other similar cause.
  • Shall      not be liable for performance of service as earlier agreed by user parties.

The Customers acknowledges and agrees that they shall be liable for verifying other parties and checking the contents, packing, sealing, addressing, labeling and handling of the goods, carriage, shipping instruction or waybill.

6. Intellectual Property

The Freyto name and logo, and other trademarks, service marks, graphics and logos used in connection with the Freyto Platform are trademarks of Phygitr Technologies Private Limited. 

Other trademarks, service marks, graphics and logos used in connection with the Freyto Platform are the trademarks of their respective owners (collectively “Third Party Trademarks”). 

The Freyto 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 content featured in the Freyto Platform are protected by copyright, trademark, patent and other intellectual property and proprietary rights.

7. Indemnity and limitation of liability

You shall indemnify and hold harmless Freyto, its owner, licensee, affiliates (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use, Privacy Policy and other terms and conditions, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

In case any loss or damage occurs to Freyto due to your failure to provide the correct information, or due to your engagement in any such activity on Freyto, which may be in violation of the applicable law in India, you shall indemnify Phygitr from such damage or loss.

Customers shall be bound by the Terms of Use, and shall be liable to indemnify Phygitr wholly, if you breach any provision of the Terms of Use.

Customers agree that Freyto shall not be liable for any illegal or offensive conduct of any third party on Freyto platform. Further, Freyto shall not be liable for any delay or inaccuracy in information provided by any third party on our platform.

Any dealing between you and the third-party, on or through Freyto platform, including the delivery of product or service, payment, conditions etc., shall be between you and the third-party only. Freyto shall not be liable for any damage or loss pertaining to such dealings.

8. Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

9. Non-Assignment

You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.

10. General law and Jurisdiction

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Hyderabad, India.

11. Amendment to the Terms of Use

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. We suggest that You regularly check these Terms of Use to apprise Yourself of any updates. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Freyto.

12. Miscellaneous

  • The      Terms of Use shall not create any partnership or agency between you and      us.
  • Each      obligation is separate from the other obligations of this Terms of Use. If      one or more of the obligations contained in these Terms of Use is held      invalid, illegal or unenforceable in any respect by any court of competent      jurisdiction, such holding will not impair the validity, legality, or      enforceability of the remaining obligations.
  • Time      is of utmost importance for all the matters relating to the Terms of Use.
  • The      time when you access the platform, the Terms of Use shall stand duly      executed between you and us.

13. Contacting Us

If there are any questions regarding this Terms of Use, you may contact us using the information below:

PHYGITR TECHNOLOGIES PRIVATE LIMITED

7-2-1669, Survey No. - 44,45,5 

Sanath Nagar Hyderabad 

TG 500018 IN 

Email: customercare@freyto.com

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