Wiz Terms of Service

Welcome to the Wiz Platform (the "Wiz Platform").

The Wiz Platform is operated by Wiz Logtec Solutions Pvt Ltd.

The Wiz Platform provides every user with a platform where they can avail of specific freight forwarding services which are offered by us. The Wiz Platform may be presently accessed on our website, wizfreight.com, or by calling us, where our team will make a booking for you on the Wiz Platform.

Use of the Wiz Platform is governed by the following terms and conditions (“Terms of Service”). Please review the Terms of Service carefully. The use of any other product or service offered by Wiz Logtec Solutions Pvt Ltd (including access to its websites) shall be governed by separate terms and conditions and are not covered by these Terms of Service.

By using the Wiz Platform, you are agreeing to comply with and be bound by the Terms of Service. If you do not agree to the Terms of Service, you should not use the Wiz Platform.

The terms “we” and “us” refers to Wiz Logtec Solutions Pvt Ltd and its affiliates and any successor entity, and the term “you” refers to you, the user of the Wiz Platform.

Acceptance of the Terms

By using the Wiz Platform, you are agreeing to comply with and be bound by the Terms of Service.

Your use of the Wiz Platform is subject to the Terms of Service, which may be updated from time to time without notice to you.

Your acceptance of the Terms of Service is valid, binding and constitutes the entire agreement between us (irrespective of whether you are a user of or visitor to the Wiz Platform). The Terms of Service supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Wiz Platform, and the services that are provided to you through the Wiz Platform.

Eligibility

By using the Wiz Platform, you represent and warrant that -

• you are fully able, competent and authorised to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service;
• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• have attained the age to legally accept these Terms of Service as per the laws applicable to you and/or at your location, or the age of 18 years, whichever is higher;
• all details you provide us regarding your consignment shall be true and accurate, and you acknowledge that we are not required to independently verify the same when issuing the goods receipt / consignment note / goods forwarding note; and
• your use of the Wiz Platform does not violate any applicable law or regulation. Use of the Wiz Platform is void where prohibited.

You are not eligible to use the Wiz Platform if you are our competitor, or if you operate a similar business or platform. The Wiz Platform is available only to genuine users who are accessing it for their personal or business purposes.

Registration and Your Account

You can create an account with us by registering on the Wiz Platform. The registration of your account on the Wiz Platform is subject to you satisfying the Terms of Service at all times.

If we have reasonable grounds to suspect violation of these Terms of Service or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all parts of the Wiz Platform.

Security and Access of Your Account

You are solely responsible for maintaining the confidentiality of your username and password and for all activities carried out under your account. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorised access and/or use of your account, or otherwise.

You agree not to use the account, username or password of another user (unless validly authorised) at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorised use of your account.

You agree not to access or use the Wiz Platform in any manner that could damage, disable, overburden, or impair any computer system, network, website, the Wiz Platform or any other product, service or website operated by us or any other person. You also agree not to interfere with or attempt to gain unauthorised access to any parts of the Wiz Platform or any accounts, computer systems or networks, etc.

You agree not to use any robot, spider, scraper or other automated means to access the Wiz Platform or any other product, service or website operated by us or any other person. We may, at our sole discretion, permit the use of distribution channels such as application programming interfaces for the Wiz Platform.

Your Content, User Data and Privacy

We care about your privacy and have developed a policy to address privacy concerns. Any personal information collected on the Wiz Platform may be accessed and stored globally and will be treated in accordance with our Privacy Policy which can be accessed here — https://wizfreight.com/privacy-policy

Any content you create or store on the Wiz Platform (collectively, “Content”) remains yours. You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Wiz Platform from your is provided to you ‘AS IS’ for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. You represent and warrant that the Content does not violate any applicable law, rule or regulation or third party rights. You agree to indemnify us against any claims against us arising out of your Content.

You agree not to use, display or share your Content or any data we provide you in a manner inconsistent with the Terms of Service or any applicable law, rule or regulation. We are not under any obligation to keep back-up copies of the Content once your account is deleted. We make no guarantee that Content will be safely stored on the Wiz Platform. To be safe, you should independently back-up your Content, to the extent permitted herein and by applicable laws, rules and regulations.

Subscription to Beta Services

We may offer certain services on the Wiz Platform as closed or open beta services (“Beta Services”) during the testing and evaluation period. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. We also reserve the right to make the Beta Services available for a subscription fee.

Services rendered on the Wiz Platform

We provide the following services on our platform -

• Freight forwarding
• Customs Clearing
• Transportation via Road and Rail
• Warehousing Service
• and its allied services

Right of refusal of service

We reserve the right of refusal of service, termination of accounts or cancel orders at our sole discretion without giving any notice.

Quotations

On your request and based on the information provided by you, our representatives will provide quotations for the requested service. The said quotation is subject to change and not binding on the us.

Only on your confirmation we can determine the actual charges for the services requested and the same will be communicated to you. However the validity of the said charges is only for a limited period which will be communicated to you. No binding can be imposed on us on expiry of the said period.

Wiz as agent

We only act as an agent of you and provide the requested services. We represent you as your agent to Customs Authority, Government Agency, Shipping lines and or other Third Parties. If you provide any incomplete or wrong or insufficient information or fail to disclose if any required under law, then you are vicariously liable for the acts of Wiz. You agree that you shall indemnify and hold us harmless from any and all claims, losses, penalties or other costs resulting from the said default. In addition to that you hereby agree that if any loss incurred by us, either directly or indirectly, due to the said default of you, then you are liable for damages towards Wiz.

Engagement of Third parties

“Third parties“ shall include, but not limited to the following - "carriers, truckmen, cartmen, lightermen, forwarders, OTIs, customs brokers, agents, warehouse men and others to which the goods are entrusted for transportation, cartage, handling and/or delivery and/or storage or otherwise".

• Unless services are performed by persons or firms engaged pursuant to express written instructions from you, we shall use reasonable care in our selection of Third Parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment;
• Communication by the us that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that we warrant or represent that such person or firm will render such services nor do we assume responsibility or liability for any actions(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind due to the negligence of a third party or the agent of a third party;
• All claims in connection with the act of a third party shall be brought solely against such party and/or its agents; in connection with any such claim, we shall reasonably cooperate with you, who shall be liable for any charges or costs incurred by us.

Responsibility of the User

• You acknowledge that you are required to review all documents and declarations prepared and/or filed with Customs Authority, other Government Agency and/or third parties, and will immediately advise us of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on your behalf;
• In preparing and submitting customs entries, export declarations, applications, security filings, documentation and/or other required data, we rely on the correctness of all documentation, whether in written or electronic format, and all information furnished by you;
• You shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold us harmless from any and all claims asserted and/or liability or losses suffered by reason of the your failure to disclose information or any incorrect, incomplete or false statement by you or your agent, representative or contractor upon which we reasonably relied. You agree that you have an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.
• You acknowledge that you are required to provide verified weights obtained on calibrated, certified equipment of all cargo that is to be tendered to Carrier and represent that we are entitled to rely on the accuracy of such weights and to counter-sign or endorse it as your agent in order to provide the certified weight to the Carrier. You agree that you shall indemnify and hold us harmless from any and all claims, losses, penalties or other costs resulting from any incorrect or questionable statements of the weight provided by you or your agent or contractor on which we rely.

Payment terms

All charges must be paid by you in advance, unless we agree in writing to extend credit to you; the granting of credit to you for a particular transaction shall not be construed as the credit extended for all your transactions. Extending credit is subject to written consent from us on case to case basis.

In case credit is extended to you to make payment for the services rendered and you failed to pay the amount within the credit period, then it is construed as default payment. Penalty charges will be attracted for the default payment along with 18% interest per annum on the outstanding amount. This clause shall not forbid us from taking any legal action for recovery of our legal dues.

Only after receiving consent from you for the charges and payment terms, we will initiate the service.

Insurance

You are responsible for obtaining insurance for covering the risk involved in the shipment of goods. Precisely, an end to end policy cover needs to be obtained. If you make a specific request in writing to us to obtain an insurance policy on your behalf, then you are obliged to pay all premiums and costs in connection with obtaining requested insurance. Further, if you want to insure your goods for a higher value than its declared or actual value, then a written request shall be made to us.

Status Tracker

On availing our services, you are privileged to use the status tracking feature on the Wiz Platform. Status of the requested services will be updated on event basis. This is a complementary service and we disclaim the accuracy of the information provided under this feature. We are not liable for any loss due to inaccuracy in this feature. You are advised to connect with our customer care through written communication via email for confirmation on status changes.

Our Liability

Subject to Force Majeure clause mentioned herein below, we are only liable only for our negligence or default.

In no event shall we be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of Third Parties.

In any case our liability shall be limited to ₹5000 or the amount of fees paid to us for the disputed service, whichever is less. You have to follow the claim process prescribed by tus for the claim of damages. You are not allowed to deduct the amount directly from your payment due to us.

General Lien and Right To Sell your Property

We shall have a continuing lien on any and all your property and documents relating thereto coming into our actual or constructive possession, custody or control or enroute, which lien shall survive delivery, for all charges, expenses or advances owed to us with regard to the shipment on which the lien is claimed, a prior shipment(s) and/or both.

We will issue notice of lien for the above said receivables to you. Unless, within thirty days of receiving notice of lien, you posts cash or letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110% of the value of the total amount due, in favor of us, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued, we shall have the right to sell such shipment(s) at public or private sale or auction and any net proceeds remaining thereafter shall be refunded to you.

Refunds

We generally do not refund any amounts received from you for any services delivered through the Wiz Platform. However, in cases or erroneous transactions and other similar exceptional cases, you can write to us at ram@wizfreight.com with all the relevant details, and we shall consider any refund on a case-to-case basis, at our sole discretion.

Disclaimer on Site information

This site is provided by us on an "AS IS" and "AS AVAILABLE" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your visit to this site is at your sole risk. We shall not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Prohibited Activities

You agree not to use the Wiz Platform for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. You agree to indemnify us for any liability on us which may arise due to your misuse of the Wiz Platform.

Despite these prohibitions, content communicated by other users of the Wiz Platform may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.

Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates the Terms of Service, any applicable law, or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.

Inactive Accounts Policy

We reserve the right to disable or deactivate unpaid user accounts that are inactive for more than [180] days, at our sole discretion. In the event of such termination, all data associated with such an account may be deleted. We will provide you prior notice of such termination by email.

Monitoring

We reserve the right (but have no obligation) to monitor all activities on your account to ensure compliance with the Terms of Service and applicable law.

Service Communication

We may contact you with service-related communication, from time to time, including any notices required by law, in lieu of communication by postal mail or important notices pertaining to our arrangement. We shall use the contact information provided at the time of registration and you should ensure that they are up-to-date. We may also use contact information to send you other messages, such as updates, user communications, newsletters, changes to features of the Wiz Platform, or our offers.

Third Party Links and Interaction

Additionally, we may provide hyperlinks through the Wiz Platform, or any other form of link or redirection of your connection to other sites (“Third Party Sites”). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Wiz Platform.

You release us, our officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other users and / or third parties.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Wiz Platform, and our websites, emails, platforms, mobile sites, applications, other products and/or services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that we retain ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you under these Terms of Service.

Our trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features constitute our intellectual property and may not be copied, imitated, or used, in whole or in part. You agree not to infringe any intellectual property rights when you use the Wiz Platform and that you will indemnify us for any claims which may arise on us in this regard.

We have invested substantial time and effort into developing the Wiz Platform and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Wiz Platform. You agree that any infringement of these restrictions will cause us irreparable loss.

Disclaimer of Warranties

We do not warrant that -

• the Wiz Platform will meet your specific requirements;
• the services on the Wiz Platform will be uninterrupted, timely, secure, or error-free, or be available to you at all times;
• the services that may be obtained from the use of the Wiz Platform will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the Wiz Platform will meet your expectations; and
• any errors on the Wiz Platform will be corrected.

Limitation of Liability

You expressly understand and agree that Wiz Logtec Solutions Pvt Ltd, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from -

• the use or the inability to use the Wiz Platform;
• the cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Wiz Platform;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the Wiz Platform;
• or any other matter relating to the Wiz Platform.

Your sole and exclusive remedy for any dispute regarding the Wiz Platform, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards the services in question.

We shall not be liable for any claims which may arise out of our arrangement and your only recourse for any loss you may suffer will be under the applicable insurance policy you may take for the consignment of the goods. You shall indemnify us against any claims which may arise out of your interactions with your customers or actions of your customers pursuant to your use of the Wiz Platform. The Wiz Platform does not conduct any independent verification and does not undertake any liability arising due to your use of the Wiz Platform.

Notwithstanding anything contained in the terms of service or the goods receipt / consignment note / goods forwarding note, you acknowledge and agree that we shall not incur any liability for any damages of any kind arising from the use of the service provided by us, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Further, we shall not be responsible for any loss you may suffer for any reason whatsoever, including due to non-compliance with applicable law or these terms of service, or arising out of any event beyond our control, including but not limited to, acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disasters, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions, national or local disruptions in transportation networks and mechanical problems to modes of transport or machinery, latent defects or inherent vice in the contents of the consignment, criminal acts of third parties such as theft and arson, etc.

If the receiver / consignee refuses to accept delivery, we will try to contact you and discuss the appropriate action, and if we are not able to contact you then we reserve the right to dispose of the consignment in the appropriate manner. You agree to pay us any costs we incur in forwarding, disposing of or returning the consignment and our charges, if any.

Indemnification

You agree to indemnify, defend, and hold harmless Wiz Logtec Solutions Pvt Ltd, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees and its agents from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to -

• claims arising out of your use of the Wiz Platform, or any damage or loss caused due to importation or exportation of your consignment;
• your connection to and use of the Wiz Platform;
• your breach or alleged breach of these Terms of Service; or
• your violation of any applicable law and/or rights of a third party.

Changes to the Wiz Platform

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Wiz Platform or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Wiz Platform.

Amendment of these Terms of Services

We may amend, modify, change, add or remove portions of these Terms of Service at any time without notice to you. The latest Terms of Service will be posted at this URL, and you should review the Terms of Service each time before you use the Wiz Platform. By using the Wiz Platform, you are presumed to have notice of the latest version of the Terms of Service.

Term and Termination

You may terminate your account and end your use of the Wiz Platform at any time. We have the right (at our sole discretion and without any liability to you) for any reason to -

• delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Wiz Platform;
• remove and discard any Content within any account or anywhere on the Wiz Platform; or (c) shut down an account, with or without notice.

If you terminate your account, we will have no obligation to refund you any fees you may have paid. Upon deactivating your account, these Terms of Service terminate and your access rights to the Wiz Platform immediately cease to exist. Our rights survive the termination of these Terms of Service.

Force Majeure

We shall not be liable for losses, damages, delays, wrongful or missed deliveries or nonperformance, in whole or in part, of its responsibilities under the Agreement, resulting from circumstances beyond the control of us or our subcontractors, including but not limited to -

• Acts of God and/or nature, including flood, earthquake, storm, hurricane, pandemic, power failure or other natural disaster;
• War, hijacking, robbery, theft or terrorist activities;
• Incidents or deteriorations to means of transportation,
• Embargoes
• Civil commotions or riots
• Defects, nature or inherent vice of the goods;
• Acts, breaches of contract or omissions by you, Shipper, Consignee or anyone else who may have an interest in the shipment,
• Acts by any government or any agency or subdivision thereof, including denial or cancellation of any import/export or other necessary license; or
• Strikes, lockouts or other labor conflicts.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by the laws of the Republic of India without giving effect to any principles that may provide the application of the law of another jurisdiction.

Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the requirements of the Arbitration and Conciliation Act, 1996 of India. The venue of the arbitration shall be Chennai, India and the sole arbitrator shall be appointed by us. The decision of the sole arbitrator shall be final and unappealable. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction. Subject to the foregoing, the Courts in Chennai shall have exclusive jurisdiction over all matters touching upon this Terms of Service.

General

A failure on our part to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, it shall not invalidate the rest of the Terms of Service which shall remain in full force and effect, and we shall try to give effect to the intention as reflected in the provision. We may assign the agreement between us pursuant to the Terms of Service in whole or in part in its sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.

Questions and Suggestions

If you have questions, suggestions, or require to contact us as per these Terms of Service, or wish to make a complaint, please contact us at -