Terms and Conditions
“THE OZU LOGISTICS PRIVATE LIMITED” maintains the https://theozu.com/ Website ("Site") These Site Terms constitute a legal agreement between you and the OZU OZU LOGISTICS PRIVATE LIMITED contracting party and govern your use of the Site. These Site Terms set out how you may use the Services, so that you can enter into a contract with a DSP (a Delivery Services Contract) to receive delivery services (Delivery Services) from the DSP. These terms and conditions apply to your use of the OZU mobile application and other related online and offline platform (“OZU”), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of OZU.
OZU is powered and provided by OZU brokerage, and other affiliates (collectively, “we”, “us”, “our” and the “Company”). Our Services include our software/mobile app, websites, payment services, and related support services systems, as may be updated or modified from time to time. Our Services are provided through our app (Shipper App) and our theozu.com website (collectively, the Site).
Definitions and Interpretation
In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
License of App
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
Your use of OZU grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (4) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
Creating a shipper account
In order to use the Site or any of our Services to order Delivery Services, You acknowledge that you are at least 18 years of age and you have reached the age of majority in the state or jurisdiction where you live or reside. If you are not yet 18 years old or have not reached the age of majority in the state or jurisdiction in which you live or reside, you may not use our Services. And you must create a valid Shipper account (Shipper Account) for in which you wish to receive Delivery Services. We may assist you with creation of a Shipper Account after receiving necessary information from you (and each of your Affiliates if applicable). You must first familiarize yourself with the process set out on the Site and all of the Site Terms. You must not register under a false name and/or impersonate any other Person’s log-in credentials, or password(s). Such fraudulent conduct could be a violation of applicable federal, national, regional or international laws and regulations (Applicable Laws) in the relevant Elected Country. When registering your Shipper Account you must provide valid and authentic supporting documents as we may specify (in accordance with Applicable Laws) and/or as may be requested by us through the Site or your Shipper Account.
We offer a technology platform to provide information and a means for you to obtain transport and logistics services from Participating Providers through the use of OZU. OZU allows you to send a request for transport and logistics services (together with details of you and your journey) to Participating Providers and each relevant Participating Provider has the sole discretion to accept or reject each such request. If a Participating Provider accepts a request, OZU will notify you and provide information about the Participating Provider such as the vehicle plate number, contact number and driver rating (if any).
You acknowledge and agree that we only act as an intermediary between you and the Participating Providers and we are not your agent or the agent of the Participating Providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of the Participating Providers that you may use (through OZU or otherwise). Any contract for the provision of transport and logistics services is between you and the Participating Providers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Providers. If you have any complaint in relation to the transport and logistics service provided then that dispute must be taken up with the Participating Provider directly.
User is responsible for maintaining the confidentiality of his account. You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to OZU and the Services.
We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
Your use of OZU and the Services
Charges and Payment
It is free to generally use the App. For details about the cost of the transport and logistics services provided by the Participating Providers, please refer to the latest pricing guidelines posted on https://theozu.com/ and/or the App, which may be amended and updated at our sole discretion from time to time without prior notice. You agree to make payment in full directly to any Participating Provider introduced to you through OZU for any services provided by such Participating Provider to you.
We may from time to time offer promotions on OZU. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
Links and Advertisements
OZU may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. OZU has no control over these sites or the content within them. OZU does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. OZU does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against OZU for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org
By accepting these Terms and using OZU or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Participating Providers arranged via OZU, or (c) your use or misuse of OZU or the Services.
Modification of Terms and the Services
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue OZU or the Services (including but not limited to the availability of any feature or content) by sending you notice through OZU or by posting a notice on our website at www.theozu.com, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Reviews, comments, communications and other content
You may, where we make the function available as part of our Services, use our Site to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. We reserve the right to remove or edit such content and to make such reports as we deem necessary to the applicable authorities
If you post content or submit material, and unless we indicate otherwise, you grant OZU non-exclusive, royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to OZU including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any Applicable Laws, applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify OZU for all claims brought by a third party against OZU arising out of or in connection with the content and material you supply.
You’re relationship with DSPs
The ordering of Delivery Services creates a direct contract between you and the DSP. Your request for Delivery Services on our Site constitutes an offer to buy those Delivery Services on the terms and conditions applicable to that Delivery Service as shown in the Delivery Service Contract at the time of placing your request. You agree to be bound by the Delivery Service Contract upon receipt of confirmation sent by us to you on behalf of a DSP (by email or via the Site or via APP) to fulfill the Delivery Services.
We are not responsible or liable for the actions or inactions of a Shipper or for a DSP’s performance, non-performance or defective performance of the Delivery Service Contract. You are solely responsible for complying with your obligations under the Delivery Services Contract and you should satisfy yourself of the terms of the Delivery Service Contract and obtain independent legal advice before purchasing any Delivery Services
You’re relationship with OZU
This Agreement governs the relationship between OZU and CONTRACTOR (DSP), and establishes the parties’ respective rights and obligations. In exchange for the promises contained in this Agreement, CONTRACTOR shall have the right and obligation to perform the “Contracted Services” as defined herein. However, nothing in this Agreement requires CONTRACTOR to perform any particular volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee CONTRACTOR any particular volume of business for any particular time period.
CONTRACTOR shall have no obligation to accept or perform any particular “Delivery Opportunity” (as that term is defined herein) offered by OZU. However, once a Delivery Opportunity is accepted, CONTRACTOR shall be contractually bound to complete the Contracted Services in accordance with all consumer specifications and the terms laid out in this Agreement,
CONTRACTOR represents that he/she operates an independently established enterprise that provides delivery and other services, and that he/she satisfies all legal requirements and has all necessary licenses and permits necessary to perform any services contemplated by this Agreement. As an independent contractor/enterprise, CONTRACTOR shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services.
CONTRACTOR agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. OZU shall have no right to, and shall not; control the manner, method or means CONTRACTOR uses to perform the Contracted Services. Instead, CONTRACTOR shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services, including determining the manner of pickup, delivery, and route selection
As an independent business enterprise, CONTRACTOR retains the right to perform services (whether delivery services or other services) for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent CONTRACTOR or OZU from doing business with others. OZU does not have the right to restrict CONTRACTOR from performing services for other businesses, customers or consumers at any time, even if such business directly competes with OZU, and even during the time CONTRACTOR is logged into the OZU platform. CONTRACTOR’s right to compete with OZU, or perform services for business that compete with ozu, will survive even after termination of this Agreement.
The parties acknowledge and agree that this Agreement is between two co-equals, independent business enterprises that are separately owned and operated. The parties intend this Agreement to create the relationship of principal and independent contractor and not that of employer and employee. The parties are not employees, agents, joint ventures, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.
Rights in MWS, MWS materials, MWS specifications, and the OZU network
Marketplace Web Service (MWS) is a service that enables your systems to interface with certain features or functionality available to Shippers. MWS Materials means any software, data, text, audio, video, images, or other content we make available in connection with MWS, including application programming interfaces, related documentation, software libraries, and other supporting materials, regardless of format. MWS Specifications means any technical and operational specifications, security protocols and other documentation or policies provided or made available by us with respect to MWS or MWS Materials. OZU Network means our, or our Affiliates’, internal data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within our or their reasonable control and are used to provide MWS or MWS Materials. As between you and us, we, our Affiliates or our licensors own all right, title, and interest in and to MWS, MWS Materials, MWS Specifications, and the OZU Network. You obtain no rights under these Site Terms from us or our licensors to MWS, MWS Materials, MWS Specifications, or the OZU Network, including any related intellectual property rights.
REPRESENTATIONS AND WARRANTIES; DISCLAIMERS
During the course of your use of our Services, you may receive information relating to us or to our Services, (including OZU Transaction Information) that is not known to the general public (Confidential Information). You agree that: (a) all Confidential Information will remain OZU’s exclusive property; (b) You will use Confidential Information only as is reasonably necessary for your participation in our Services; (c) You will not otherwise disclose Confidential Information to any other person or third party; And (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Site Terms. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. OZU Transaction Information means, collectively, order information and any other data or information acquired by you and/or your Affiliates from OZU, its Affiliates, or otherwise as a result of these Site Terms, the transactions contemplated by these Site Terms, or the parties’ performance under these Site Terms including achievement of service levels, if applicable.
Disclosure of information
OZU reserves the right to report any activity that it suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect OZU and its users and customers, or to ensure the integrity and operation of OZU’s business and systems, OZU may access and disclose any information it considers necessary or appropriate, including but not limited to Shipper Account details, contact details, IP address and traffic information, usage history, and posted content.
Use of OZU transaction information
You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose any OZU Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under these Site Terms if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information) ; (b) Use any OZU Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or Applicable Law in an Elected Country; (c) Disparage us, our Affiliates, or any of their or our respective products or services or any user of the Site; Or (d) target communications of any kind on the basis of the intended recipient being a Site user. In addition, you may only use tools and methods that we designate to communicate with users of our Site regarding transactions that you carry out on it, including for the purpose of scheduling, communicating, or cancelling the Delivery Services. The terms of this paragraph do not prevent you from using other information that you acquire without reference to OZU Transaction Information for any purpose, even if that information is identical to OZU Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Site user.
1 The Site and any of our Services provided through it, or any functionality used or relied on, including all content, software, functions, materials, and information made available on or provided in connection with our Services, are provided “as-is.” Each OZU entity or Person is severally liable for its own obligations under these Site Terms and is not jointly liable for the obligations of any other OZU entity or Person under these Site Terms.
2 Shipper uses the Site and our Services at its own risk. To the fullest extent permissible by law, OZU and its Affiliates disclaim: (i) any representations or warranties regarding these Site Terms, any of our Services or the transactions contemplated by these Site Terms, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) Implied warranties arising out of course of dealing, course of performance, or usage of trade; And (iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence.
3 OZU does not warrant that the functions contained in the Site and our Services will meet Shipper’s requirements or be available, timely, secure, uninterrupted, or error free, and OZU will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.
4 OZU is not involved in transactions between Shippers and DSPs or other participant dealings. If a dispute arises between one or more participants, each participant releases OZU and its Affiliates (and their agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and shall not join OZU in any legal proceedings whatsoever.
5 Our liability arising out of or in connection with these Site Terms or the transactions contemplated, whether in contract, warranty, tort (including negligence, product liability, or other theory) to Shipper or any other Person for cost of cover, recovery or recoupment of any investment made by Shipper or its Affiliates in connection with these Site Terms, or for any loss of profit, revenue, business or data or punitive or consequential damages arising out of or relating to these Site Terms, even if OZU or its Affiliates have been advised of the possibility of those costs or damage, shall not exceed in aggregate an amount equal to the amounts during the prior six-month period paid by Shipper to DSPs via the Site in connection with the particular Service giving rise to the claim immediately preceding the event giving rise to the liability.
6 Nothing in these Site Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct
Term and termination
These Site Terms shall commence on the date on which your Shipper Account is created and you have accepted and agreed to the Site Terms, and shall continue unless and until your Shipper Account is closed or deactivated by us or by you. OZU may terminate these Site Terms (in full or in part, or in respect of any Elected Country) at any time at its sole discretion although OZU shall try to give fifteen days’ notice to Shippers. Without prejudice to our other rights and remedies, we reserve the right to refuse Services, terminate or suspend accounts or remove, delete or edit content if you are in breach of Applicable Laws, these Site Terms or any other applicable terms and conditions, guidelines or policies communicated to you.
Upon termination, your Shipper Account shall cease to be accessible (either generally or in respect of a particular Elected Country). No such termination (howsoever occasioned) shall: (i) affect any accrued rights or liabilities of either party; (ii) affect the coming into force or the continuance in force of any provision of these Site Terms which is expressly or by implication intended to come into force or continue in force on or after termination; or (iii) require a court or judicial order.
We will not be liable for any delay or failure to perform any of our obligations under these Site Terms by reasons, events or other matters beyond our reasonable control.
OZU’s rights under these Site Terms: (i) may be exercised as often as necessary; (ii) unless otherwise expressly provided in these Site Terms, are cumulative and not exclusive of rights and remedies provided by Applicable Law; and (iii) may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
The parties will be solely and independently responsible for payment of all taxes or fees (including interest and penalties) and compliance with all applicable tax laws arising out of or from their respective use of the Site, the services provided by OZU and the agreements entered into between the DSP and Shippers. DSP will provide OZU with any forms, documents, or certifications as may be required for OZU to satisfy any information reporting or withholding tax obligations with respect to any payments governed by these Site Terms.
If any of these terms and the documents referred to in them is or becomes illegal, invalid or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any other term of these Site Terms and the documents referred to in them; or (ii) the legality, validity or enforceability in other jurisdictions of that or any other provision of these Site Terms and the documents referred to in them.
Changes, updates and upgrades
OZU reserves the right to change these Site Terms at any time and at its sole discretion. Any changes will be effective upon the earlier of: posting of the revisions on the Site and/or notification to you (including by email, or through your Shipper Account), without any further notice to you. You are responsible for reviewing OZU any applicable changes. Your continued use of the Site (which may be illustrated through your accessing of your Shipper Account) and our Services following OZU our posting of any changes, notification and/or ‘click through’ acceptance will constitute your acceptance of such changes. If you do not agree to any change to these Site Terms, you must not continue to use the Site or our Services. The Shipper agrees that no terms of business that it produces or sends to OZU shall have any legal force or effect. Whilst OZU endeavors to keep the Site safe and secure, we cannot guarantee the continuous operation or access to the Site. You acknowledge that OZU may, from time to time, upgrade features of the Site and or certain aspects of our Services that it provides to Shippers and DSPs generally. In order for you to benefit from any such upgrade, OZU may make changes to the provision of any of our Services and the procedures by which you receive any of our Services. OZU may also; from time to time change any of our Services for any reason whatsoever.
All notices, demands, requests, approvals, consents or other communications to be given or delivered under these Site Terms by you to OZU must be given to OZU in writing. Notice will be deemed to have been given when delivered by you and signed for by a OZU employee. We may notify you in writing via your email account or by delivering a hard copy of such notice to the address you have provided to us and which in each case will be deemed to have been given upon being sent or dispatched (as appropriate).
Shipper represents and warrants that Shipper and its financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the INDIA government authority.
Prohibits the paying of bribes to anyone for any reason, whether in dealings with governments or the private sector. Neither party will violate or knowingly permit anyone to violate the Code’s prohibition on bribery or any applicable anti-corruption laws in performing under these Site Terms. Either party may immediately terminate or suspend performance under these Site Terms if the other party breaches this section. Shipper will maintain true, accurate and complete books and records concerning any payments made to another party by Shipper under or relating to or arising from these Site Terms, including on behalf of OZU. OZU and its designated representative may inspect Shipper’s books and records to verify such payments and for compliance with this section. OZU may immediately terminate or suspend performance under these Site Terms if Shipper breaches this paragraph.
Notwithstanding anything to the contrary herein, nothing in the Site Terms shall, or shall be interpreted or construed to, induce or require either party hereto to act in any manner (including taking or failing to take any actions in connection with a transaction) which is inconsistent with or penalized under any India laws, regulations, rules, or requirements that apply to any party to these Site Terms.
Neither party may assign its rights nor did obligations set out in these Site Terms without the prior written consent of the other party, except that OZU may assign these Site Terms to an Affiliate or in connection with any merger, reorganization, sale of all or substantially all of its assets or any similar transaction. Subject to this limitation, these Site Terms will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.
These Site Terms shall be governed by and construed in accordance with:
The laws of the Department of Economic development of the Elected Country is the INDIA.
Any dispute, claim or controversy arising out of or in connection with these Site Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Site Terms) shall be referred to the parties’ respective officers for resolution. If any dispute remains unresolved twenty one days after being referred to the parties’ officers, it shall be finally settled:
if the Elected Country is the INDIA: by arbitration under the Arbitration Rules of the court, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. Both parties shall agree on the arbitrator within 30 days, if the parties fail to agree on an arbitrator within such period the arbitrator shall be appointed by the department of Economic development . The seat, or legal place, of arbitration shall be Department of Economic Development. The language to be used in the arbitration shall be English.
Personal data and privacy
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of INDIA. Both you and we agree to submit to the exclusive jurisdiction of the courts of as regards any dispute or matter arising under these Terms.
Effective as of : 1st of July 2021