DEFINITIONS

makemytrans.com Terms and Conditions contains the terms and conditions that govern your access to and use of the website (as defined below) and is an agreement between Hypertech Logistics Private Limited and you or the entity you represent. This Agreement takes effect when you access the makemytrans.com and makemytrans services. These terms and conditions are an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time.

“Conditions” these terms and conditions as amended from time to time in accordance with Clause 2.1.

“Contract” the contract between the Hypertech Logistics Private Limited company that accepts the Shipment (1) and User (2) for the supply of Services in accordance with these Conditions.

"Carrier" means a person who performs or undertakes to perform for hire, the carriage or part thereof, of goods by road, rail, inland waterways, sea or air;'

"Goods" means any property including live animals, containers, pallets or such other articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the deck.

"User" the person or firm who purchases Services from Hypertech Logistics Private Limited or the sender as the case may be;

“Not Fit to Travel shipment” means goods or documents of whatever nature that have not been packed or not properly packed, are damaged, pose a health and safety risk, could cause damage to other Shipments or Hypertech Logistics Private Limited equipment and/or facilities or could be damaged itself due to it being unfit;

"Services" means the services that are performed by Hypertech Logistics Private Limited in relation to a Shipment as set out in Clause 2.3.

"Shipment" means goods or material of whatever nature (whether in bulk or in one or more packages) which Hypertech Logistics Private Limited has accepted from the User for the performance of Services.

ACCEPTANCE

2.1. By handing over its Shipment to Hypertech Logistics Private Limited, User accepts these Conditions irrespective of whether User has signed the front of the consignment note or not. The Contract shall come into existence when Hypertech Logistics Private Limited accepts the Shipment. A variation of these Conditions may only be agreed in writing by Hypertech Logistics Private Limited authorized people Hypertech Logistics Private Limited shall not be bound by oral or written instructions given by the User that conflict with these Conditions.

2.2. Even if the transportation of the Shipment forms part of another type of contract between User and Hypertech Logistics Private Limited, these Conditions apply to such contract.

2.3. By concluding any type of contract with Hypertech Logistics Private LimitedHypertech Logistics Private Limited that involves a Shipment User agrees that:
the contract is a contract of transportation of goods by road if the transportation of the shipment actually takes place by road;
the contract is a contract of transportation of goods by air if the transportation of the shipment actually takes place solely or partly by air;
the contract is a contract of transportation of goods by sea if the transportation of the shipment actually takes place by sea;
the contract is a contract of transportation of goods by rail if the transportation of the shipment actually takes place by rail.

2.4. User agrees that Hypertech Logistics Private Limited may subcontract the whole or any part of the Contract.

INTELLECTUAL PROPERTY

The contents, designs, flow, concept and the website in entirety is the Intellectual Property of the Company and Company is the sole owner of the title and rights over the same. Anyone using the same shall be liable and responsible for stringent actions under the prevailing laws of the Government. The Visitor / User understands and accepts the fact while surfing/using the facilities provided under the website. 

CARRIERS AND TRANSPORT SERVICE PROVIDERS

3.1. To provide the Services, Hypertech Logistics Private Limited has selected and engaged third party carriers and Transport service provider and other third party providers including customs brokers and agents ( which all are approved and assured Carriers and Agents ) as required to pick up, pack, transport and deliver User’s material(Goods). The Third Party Providers used to provide the Services to User are independent third party service providers, and are not agents of Hypertech Logistics Private Limited. Users may be required to enter into agreements with one or more Third Party Provider with respect to User’s use of their services through the Services. User’s items will be entrusted to such Third Party Providers, subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped appearing in bills of lading, receipts or prices issued by such Third Party Providers. Hypertech Logistics Private Limited price quote is based on Carrier prices, which the Carrier may make available for public inspection upon a reasonable request. Hypertech Logistics Private Limited is not a Third Party Provider.

3.2. Hypertech Logistics Private Limited shall take User’s booking request (through the internet and / or mobile telecommunications devices) and forward it to the Service Providers/ carriers through our communication medium (Vendor technical platform/ Mobile devices / Text Massages). The carrier shall have the right to accept or reject each request for Services. The carriers has discretion over whether to receive the booking request made by the Hypertech Logistics Private Limited. If the Service Provider accepts the booking request made by the us, our associate will take confirmation(or system will automates this process) from both the parties notifies you and providers the information regarding the Service Provider including its name, contact number and the related documents , etc.

3.3. Hypertech Logistics Private Limited will make reasonable efforts to bring you in contact with the best of our Service Provider in order to obtain Service subject to availability of the Service Provider in or around your location at the time of your booking request made to our website or through any other communication medium.

3.4. The User shall ensure that they will not indulge in any of the following activities while availing the Service:
a) Soiling or damaging the body and/or any other interiors of the Goods supply vehicle. Misusing, soiling or damaging any of the stuffs (technical/non-technical) in the Goods supply vehicle.
b) Asking the service provider/agent/driver to break any Traffic/RTO/City Police and/or government rules for any purpose. The service provider has the right to refuse such a request by the User. The service provider also has the right to refuse such a pick-up place. Tell the service provider to overload the material with the consignment than the allowed/provided limit.

3.5. If the receiver refuses to accept delivery, Hypertech Logistics Private Limited will try to contact user and agree the appropriate next action. User agrees to pay the Hypertech Logistics Private Limited any costs we incur in forwarding, disposing of or returning the consignment and our charges (if any) for the agreed appropriate to that next action.

MATERIAL AND SHIPMENT VALUE

4.1. Hypertech Logistics Private Limited may request the value of user’s material for the purpose of providing or suggesting user for adding insurance or declaring a value to the transporting carrier. Hypertech Logistics Private Limited strongly encourages User to purchase insurance to cover any and all possible damage or loss to user’s material during loading, Shipping and delivery unloading. Under Hypertech Logistics Private Limited liability for loss, damage or delay for whatever reason including without limitation breach of contract, negligence, willful act, MAKEMYYTRANS will help User to claim their Insurance amount from the Partnered Insurance Company (For Insurance process Hypertech Logistics Private Limited has selected and engaged Insurance companies as required to process). Claims procedure for Goods Damage or loss are explained in clause (7.2)

4.2. Consignment will be accepted by us only after the requirements of goods are fulfilled. Prohibited Goods will only be accepted if they are with the applicable regulations and our requirement condition. More details for accepting/no accepting prohibited goods explained in clause (3).

4.3. Prohibited good’s will be invoiced upon acceptance of User’s consignment. Hypertech Logistics Private Limited accepts consignments only upon user’s declaration of the type and value of the consignment. Hypertech Logistics Private Limited has no responsibility of correction of the description of material, type of value or any claims that may be brought against us.

DANGEROUS GOODS & SECURITY

3.1. Except in the circumstances referred to in Clauses 3.2, Hypertech Logistics Private Limited does not perform Services regarding goods which Hypertech Logistics Private Limited considers dangerous goods including, but not limited to, those specified in the Dangerous goods list as per the United Nations Model Regulation on Transport of Dangerous Goods (2009) and Technical Instructions, The International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the performance of Services regarding dangerous goods.

3.2. Hypertech Logistics Private Limited may at its discretion accept specific dangerous goods, but only after Hypertech Logistics Private Limited and User have agreed on specific dangerous goods related requirements in that respect. Details of Hypertech Logistics Private Limited specific requirements together with the procedure for applying for “approved User status” are available from the local Hypertech Logistics Private Limited office and a dangerous goods surcharge will be invoiced to User upon acceptance of the Shipment.

3.3. User Wants That:

3.3.1. By either completing Hypertech Logistics Private Limited consignment note or tendering a Shipment to Hypertech Logistics Private Limited that it’s Shipment does not contain a prohibited item as listed in United Nations Model Regulation on Transport of Goods (2009) or other national or international regulations that govern security. User will give a full description of the contents of the Shipment on the consignment note, or other accompanying document, and User’s responsibilities and liabilities are not extinguished by providing this information.

3.3.2. It has prepared the Shipment in secure premises using reliable staff employed by User and that the Shipment has been safeguarded against unauthorized interference during preparation, storage and transportation immediately prior to acceptance of the Shipment by Hypertech Logistics Private Limited.

3.4. Shipments may be subject to security screening which may require the opening of the Shipment and User accepts that the Shipment may be opened and examined at any point for security purposes.

CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS

Weekend days, public holidays, bank holidays, delays caused by customs & service providers, delays attributable to compliance with mandatory local security requirements or other events beyond Hypertech Logistics Private Limited control are not included when Hypertech Logistics Private Limited quotes door to door delivery times in its published literature. The route and the method by which Hypertech Logistics Private Limited transports Shipments shall be at its sole discretion.

CANCELLATION POLICY

The Company abides by its internal Cancellation Policy which shall be at the sole discretion of the management of the Company. The details of the same may be shared upon request or the same shall be available at the time of booking

DELIVERY OF SHIPMENT

5.1. If Hypertech Logistics Private Limited is unable to deliver a Shipment because of an incorrect address Hypertech Logistics Private Limited will make all reasonable efforts to find the correct address. Hypertech Logistics Private Limited will notify User hereof and additional charges may apply.

5.2. If Hypertech Logistics Private Limited is Unable to complete the delivery of a Shipment for whatever reason, Hypertech Logistics Private Limited will use reasonable endeavors to leave a notice at the receiver’s address stating that delivery has been attempted but not succeeded and the whereabouts of the Shipment. If delivery has not been made after a second attempt by Hypertech Logistics Private Limited, or the receiver refuses to accept delivery, Hypertech Logistics Private Limited will use reasonable endeavors to contact User or sender (if not User) and agree the appropriate next action. User agrees to pay Hypertech Logistics Private Limited any costs it incurs in forwarding, disposing of or returning the Shipment and Hypertech Logistics Private Limited charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If Hypertech Logistics Private Limited does not receive User’s or receiver’s instructions within a reasonable period after its second attempt to deliver the Shipment, then Hypertech Logistics Private Limited may return, destroy or sell the content of the Shipment without any further liability to and at the cost of the User.

5.3. In the event User has authorized Hypertech Logistics Private Limited and Hypertech Logistics Private Limited has accepted to leave Shipments without acknowledgement of receipt at the indicated delivery address in case there is no person available for signature (i.e. proof of delivery), the unilateral Hypertech Logistics Private Limited notice that the Shipment has been delivered shall constitute proof of delivery and as from that moment Hypertech Logistics Private Limited shall be released from its liability regarding the Shipment.

USER’S OBLIGATIONS

6.1. User warrants to Hypertech Logistics Private Limited that any Shipment complies with the following particulars:

6.1.1. The goods have been prepared and packed safely and carefully, according to the nature and size of such goods, to protect against the ordinary risks of transport and closed in such a way that tampering will be noticeable;

6.1.2. The particulars of the Shipment (including but not limited to number of items, weight, dimensions and general description) as well as the delivery address and contact details of the receiver are fully, accurately, timely and legibly entered on the consignment note;

6.1.3. The Shipment includes the correct invoice related to the Shipment (mentioning correct “bill to” address with applicable Tax ID/GSTIN, correct and clear description of the commodity, true value and the first 6 digits of the Harmonized System (“HS”) code) and the receiver’s contact details;

6.2. User shall provide Hypertech Logistics Private Limited on a timely basis prior to the transportation (i) such information about the nature of the contents of the Shipment, (ii) the manner in which the Shipment should be handled and (iii) the precautions that should be taken, all of which User knows or ought to know are of importance to Hypertech Logistics Private Limited.

6.3. User shall comply with all statutory and legal requirements which are relevant for the proper performance by Hypertech Logistics Private Limited of the Services. User indemnifies and holds Hypertech Logistics Private Limited harmless from and against any liabilities or for any costs, damages or expenses, including legal costs and attorneys’ fees, Hypertech Logistics Private Limited may incur either to User or to anyone else arising out of User being in breach of any of its obligations stipulated in this Clause 8, even if Hypertech Logistics Private Limited inadvertently accepts a Shipment that contravenes any of User’s obligations under this agreement.

6.4. User agrees that (i) Hypertech Logistics Private Limited or any service provider including agents and Brokers may open and inspect the Shipment at any time and (ii) Hypertech Logistics Private Limited may at its sole discretion reject a shipment for acceptance if this shipment is considered a Not Fit to Travel shipment or for whatever other reason.

6.5. User shall indemnify Hypertech Logistics Private Limited against any claims from third parties who have an interest in the Shipment.

6.6. User agrees that Hypertech Logistics Private Limited cannot disclose its detailed security measures or route details for its shared user network in order to protect its Users’ goods. This also means audits on Hypertech Logistics Private Limited shared user locations or vehicles are not allowed unless there is a statutory or legal requirement.

LIABILITY

7.1. Where the Conventions apply or where and to the extent that other mandatory rules of national law apply, the liability of Hypertech Logistics Private Limited is governed by and will be limited according to the applicable Convention and/or rules.

7.2. If the Conventions do not apply for whatever reason, Hypertech Logistics Private Limited liability for loss, damage or delay for whatever reason including without limitation breach of contract, negligence, willful act or default by Hypertech Logistics Private Limited will help user to claim their insurance. Hypertech Logistics Private Limited will only accept the submission of a claim for a lost, damaged or delayed Shipment, or for any other damages, if User complies with any applicable Convention and with the following procedure:
(a) User will notify Hypertech Logistics Private Limited in writing about the loss, damage or delay within 21 days (i) after delivery of the Shipment, (ii) from the date the Shipment should have been delivered or (iii) from the date User reasonably should have become aware of the loss or damage;
(b) User must document its claim by sending Hypertech Logistics Private Limited all relevant information about the Shipment and/or the loss, damage or delay;
(c) Hypertech Logistics Private Limited/Insurance company is not obliged to act on any claim until its charges have been paid by User, nor is User entitled to deduct the amount of its alleged claim from Hypertech Logistics Private Limited/Insurance company’s charges;
(d) In order for Hypertech Logistics Private Limited to consider a claim, the contents of the Shipment and the original packaging must be made available to Insurance Company for inspection.

7.3. Hypertech Logistics Private Limited is not liable for any:

7.3.1. indirect, special, economic or consequential loss, including but not limited to costs of any alternative ways of transport, loss of profits, loss of use, anticipated savings, goodwill or loss of opportunity; or

7.3.2. loss or damage arising out of circumstances beyond the control of Hypertech Logistics Private Limited, such as but not limited to Acts of God, armed hijacks, accidents, acts of public enemies, strikes, embargoes, civil commotions, national or local disruptions in air or ground transportation networks, mechanical problems to modes of transport or machinery, acts or omissions by User, a third party or a government official, criminal acts and/or latent defects or inherent vice in the contents of the Shipment; or

7.3.3. Fines, penalties, chargeback rates or other financial sums levied against User by any third party howsoever arising.

7.4. Hypertech Logistics Private Limited is not in any way bound by the quantity and/or contents of a Shipment as stated by User and/or indicated in the consignment note if at the time of offering the Shipment for transportation to Hypertech Logistics Private Limited the goods have been loaded into a container/trailer and/or palletized and/or packaged in such a way that the number of items and/or the contents of the Shipment cannot be checked, or if on loading of the Shipment by Hypertech Logistics Private Limited no such check can be made and/or checking would appreciably delay transportation, in each case at Hypertech Logistics Private Limited sole discretion.

DATA

8.1. User shall be responsible for supplying Hypertech Logistics Private Limited with up to date and complete data with respect to the names and addresses of User’s clients to whom and from whom Shipments are to be transported.

8.2. User acknowledges that on the basis of these Conditions information from the User’s clients (if applicable) is provided to Hypertech Logistics Private Limited by User, some of which information relates to an identifiable person. User acknowledges that Hypertech Logistics Private Limited has its own responsibility in the processing thereof and shall therefore, together with User, be considered as a data controller (or a joint data controller).

8.3. Hypertech Logistics Private Limited may be required to share information, including personal data in relation to the Shipment with the Shipment origin and destination authorities or transit location and address authorities for service provider and / or security reasons.

8.4. In consideration of user’s access to, and use of, the Services, user agree to (a) provide accurate, current and complete information about user as well as require services (b) maintain the security of identification and password (c) maintain and promptly update the Registration Data, and any other information user provide to Hypertech Logistics Private Limited through the Website or otherwise in connection with the Services; (d) receive communications from Hypertech Logistics Private Limited electronically(including email & system notification); and (e) be fully responsible for all use of user’s account and for any actions that take place using user’s account and user’s Login Information.

VALUABLE GOODS

Valuable goods such as precious stones, precious metals, jewelry, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques, important documents that include passports, tenders, and share and option certificates are not suitable to be sent through Hypertech Logistics Private Limited network service provider’s system. Any such goods sent through Hypertech Logistics Private Limited network delivery system shall be at User’s own risk.

RATES AND PAYMENT

10.1. The Services includes price quotes on Hypertech Logistics Private Limited Prices for shipping user’s material, based on information provided by user such as the material type, weight, and dimensions. If user’s actual material are different from the material as described, Hypertech Logistics Private Limited will charge User extra, and user have to pay, for any additional services at Hypertech Logistics Private Limited then-current standard rates. Hypertech Logistics Private Limited is also reserves the right to correct any price or change it according to Service availability. If this is necessary, Hypertech Logistics Private Limited will notify user and user may choose whether to proceed or cancel it.

10.2. In consideration of Hypertech Logistics Private Limited providing the Services, User shall pay Hypertech Logistics Private Limited charges (including applicable surcharges) in accordance with the rates applicable to the Shipment as set out in Hypertech Logistics Private Limited Quotation amount (available on request from any Hypertech Logistics Private Limited office from which the Shipment is invoiced) or in the relevant contract between User and Hypertech Logistics Private Limited.

10.3. Hypertech Logistics Private Limited rates are exclusive of any extra charges, Tax ID/GDT on transportation services and any local duties, charges and taxes, as and when applicable. User shall reimburse Hypertech Logistics Private Limited within 7 days of the date of the invoice for any such duties, charges and taxes.

10.4. In the event the Shipment is not non-stackable at Hypertech Logistics Private Limited sole discretion, Hypertech Logistics Private Limited reserves the right to apply a surcharge to its applicable rates.

10.5. Hypertech Logistics Private Limited rates are subject to index-linked fuel surcharges and Hypertech Logistics Private Limited reserves the right to change the fuel surcharge index and table without notice to User. Both the amount and duration and type (e.g. ground, air, sea and rail) of the fuel surcharge will be determined at Hypertech Logistics Private Limited's sole discretion.

10.6. Information on surcharges as applied by Hypertech Logistics Private Limited is available on Hypertech Logistics Private Limited web platform and website, which website information is leading and overrides any information on surcharges presented in any other form.

10.7. Hypertech Logistics Private Limited charges for either the declared weight of the Shipment or the declared volumetric weight of the Shipment, whichever is the higher, and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in Hypertech Logistics Private Limited Price Deriving System. Hypertech Logistics Private Limited may check the weight and/or volume of and/or the number of items/material/products within the Shipment and if greater than the declared weight and/or volume and/or number of items, User agrees that the actual weight of the Shipment and/or the actual volumetric weight of the Shipment, whichever is the higher, shall be used for the purpose of the calculation of Hypertech Logistics Private Limited charges.

10.8. All shipments will be invoiced weekly in arrears from the collection date and User shall pay Hypertech Logistics Private Limited within a day or 7/15/30 days (the days of payment are Hypertech Logistics Private Limited sole discretion.) of the date of the invoice without withholding, deduction, and counterclaim set off and in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by Hypertech Logistics Private Limited. Hypertech Logistics Private Limited invoices do not include a copy of Proof of Delivery. If user want proof of delivery with invoice, user shall have notify Hypertech Logistics Private Limited at the day of shipment confirmation and also have to pay additional charges to provide receipt with signature confirmation receipt.

10.9. Hypertech Logistics Private Limited reserves the right to charge interest on all late payments at the rate of 6% above the ICICI Bank base rate as of the due date until receipt of payment of the relevant invoice. User will indemnify Hypertech Logistics Private Limited for the reasonable cost of collection of such invoices.

10.10. Where permitted by law, Hypertech Logistics Private Limited standard invoice presentation method is electronic invoicing. If User requests to use paper invoicing instead, Hypertech Logistics Private Limited reserves the right to charge User an administration fee for providing this service.

10.11. User acknowledges and agrees that Hypertech Logistics Private Limited has a general lien, in addition to any other right or remedy available to it, on the Shipments in Hypertech Logistics Private Limited possession and that Hypertech Logistics Private Limited has the right to sell the contents of the Shipments and retain the proceeds of sale in settlement of any amounts that User may owe Hypertech Logistics Private Limited.

INDEMNITY IN RESPECT OF EMPLOYEES

10.1. The Services includes price quotes on Hypertech Logistics Private Limited Prices for shipping user’s material, based on information provided by user such as the material type, weight, and dimensions. If user’s actual material are different from the material as

additional services at Hypertech Logistics Private Limited then-current standard rates. Hypertech Logistics Private Limited is also reserves the right to correct any price or change it according to Service availability. If this is necessary, Hypertech Logistics Private Limited will notify user and user may choose whether to proceed or cancel it.

  1. 10.2.  In consideration of Hypertech Logistics Private Limited providing the Services, User shall pay Hypertech Logistics Private Limited charges (including applicable surcharges) in accordance with the rates applicable to the Shipment as set out in Hypertech Logistics Private Limited Quotation amount (available on request from any Hypertech Logistics Private Limited office from which the Shipment is invoiced) or in the relevant contract between User and Hypertech Logistics Private Limited.
  2. 10.3.  Hypertech Logistics Private Limited rates are exclusive of any extra charges, Tax ID/GDT on transportation services and any local duties, charges and taxes, as and when applicable. User shall reimburse Hypertech Logistics Private Limited within 7 days of the date of the invoice for any such duties, charges and taxes.

described, Hypertech Logistics Private Limited will charge User extra, and user have to pay, for any

10.4. In the event the Shipment is not non-stackable at Hypertech Logistics Private Limited sole discretion, Hypertech Logistics Private Limited reserves the right to apply a surcharge to its applicable rates.

10.5. Hypertech Logistics Private Limited rates are subject to index-linked fuel surcharges and Hypertech Logistics Private Limited reserves the right to change the fuel surcharge index and table without notice to User. Both the amount and duration and type (e.g. ground, air,

sea and rail) of the fuel surcharge will be determined at Hypertech Logistics Private Limited sole discretion.

10.6. Information on surcharges as applied by Hypertech Logistics Private Limited is available on Hypertech Logistics Private Limited web platform and website, which website information is leading and overrides any information on surcharges presented in any other form.

10.7. Hypertech Logistics Private Limited charges for either the declared weight of the Shipment or the declared volumetric weight of the Shipment, whichever is the higher, and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in Hypertech Logistics Private Limited Price Deriving System. Hypertech Logistics Private Limited may check the weight and/or volume of and/or the number of items/material/products within the Shipment and if greater than the declared weight and/or volume and/or number of items, User agrees that the actual weight of the Shipment and/or the actual volumetric weight of the Shipment, whichever is the higher, shall be used for the purpose of the calculation of Hypertech Logistics Private Limited charges.

10.8. All shipments will be invoiced weekly in arrears from the collection date and User shall pay Hypertech Logistics Private Limited within a day or 7/15/30 days (the days of payment are

Hypertech Logistics Private Limited sole discretion.) of the date of the invoice without withholding, deduction, and counterclaim set off and in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by Hypertech Logistics Private Limited. Hypertech Logistics Private Limited invoices do not include a copy of Proof of Delivery. If user want proof of delivery with invoice, user shall have notify Hypertech Logistics Private Limited at the day of shipment confirmation and also have to pay additional charges to provide receipt with signature confirmation receipt.

10.9. Hypertech Logistics Private Limited reserves the right to charge interest on all late payments at the rate of 6% above the ICICI Bank base rate as of the due date until receipt of payment of the relevant invoice. User will indemnify Hypertech Logistics Private Limited for the reasonable cost of collection of such invoices.

10.10. Where permitted by law, Hypertech Logistics Private Limited standard invoice presentation method is electronic invoicing. If User requests to use paper invoicing instead, Hypertech Logistics Private Limited reserves the right to charge User an administration fee for providing this service.

User indemnifies and holds Hypertech Logistics Private Limited harmless from and against any liabilities or for any costs, damages or expenses, including legal costs and attorneys’ fees, Hypertech Logistics Private Limited may incur either to User or to anyone else arising directly or indirectly from the redundancy, selective re-employment or transfer of any employee or former employee of User or of any supplier or former supplier to User or of any third party which may in any way arise from the commercial relationship between Hypertech Logistics Private Limited and

User including but not limited to any liability arising or national implementing legislation thereof or under any other applicable employment legislations.

ENTIRE AGREEMENT AND SEVERABILITY

12.1. It is Hypertech Logistics Private Limited intention that all terms and conditions applicable between Hypertech Logistics Private Limited and User are contained herein. If User wishes to rely on any variations to these Conditions, it must ensure that that is recorded in writing and signed by both Hypertech Logistics Private Limited and User before the Shipment is accepted by Hypertech Logistics Private Limited for performance of Services.

12.2. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of these conditions all of which remain in force.

GOVERNING LAW AND JURISDICTION

Save as provided by any applicable Convention, disputes arising from or related to these Conditions shall be subject to the laws and the courts of the country where the Shipment is presented to Hypertech Logistics Private Limited for performance of Services