GOODS TRANSPORT BY ROAD – TERMS AND CONDITIONS

• The following terms and conditions relate to the Goods Transport services provided by BYWAY. Goods Transport services may be undertaken by two wheelers, three wheelers or four wheelers. Consignors availing the Goods Transport services provided by BYWAY agree to be bound by these terms and any other general or specific terms and conditions notified by BYWAY from time to time.
• Consignors should adhere to following packaging instructions when availing Goods Transport services: 1. Cover the goods completely, securing the ends with tape. 2. For fragile items, cover the same in bubble wrap ensuring corners and edges are well protected. 3. Use stretch wrap for items that might shift to keep them snugly in place. 4. For items being moved in a box, fill the void in the box with crumpled paper to stop the items from shifting. For fragile items, layer the bottom of the box with cushioning material before placing your items inside. 5. While sealing use strong tape designed for shipping, such as pressure-sensitive packing tape or water-activated tape. 6. Avoid using string instead of tape.
• The Consignor understands that using BYWAY’s services for sending fragile items is at Consignor’s own risk. If the consignment includes fragile or high-risk items, please ensure that packaging of such items is done carefully in the manner stated above.
• BYWAY shall not be liable for any damage caused to goods due to poor packaging by the Consignor.
• The Consignor warrants that they are the owner or the authorized agent of the owner of the goods / articles transported and is authorized to accept the terms and conditions herein.
• The Consignor is required to fill out all the accurate particulars of consignment and trip details into the mobile application while booking a consignment for transportation, all of these details constitute the ‘Goods Forwarding Note’.
• BYWAY shall, upon receipt of the Goods Forwarding Note from the Consignor, for booking of the consignment to be transported, issue a Goods Receipt/ Consignment Note to the Consignor.
• The Consignor is responsible for all goods transported through BYWAY. Consignor will only use BYWAY services for legal purposes and shall not commit any illegality or use BYWAY services for any unlawful purpose. The Consignor warrants to BYWAY that the description of the consignment as noted in the application conforms accurately to the actual content of the consignment thereof and such consignment does not form part of the Prohibited Items. If the consignment contains any such items or material, the Consignor agrees and undertakes to fully indemnify BYWAY and/or its agents for any loss, damages, costs, expenses, penalties, fines, liability thereof that may be incurred by BYWAY or agents with regard to the said item or material.
• It is expressly understood by the Consignor and BYWAY that all consignments agreed to be delivered by BYWAY are on a “said-to-contain” basis i.e., BYWAY shall have the right, but will be under no obligation to verify the contents of the consignment declared by the Consignor. The Consignor shall undertake to make proper, true, fair, correct and factual declaration regarding description and value of the consignment.
• At the time of booking, the Consignor will be required to provide a declaration stating the value of the consignment and the description of materials in the consignment and the same shall be binding on the Consignor.
• BYWAY will use the Consignor and consignee’s information as shared with it, to update and inform the Consignor / consignee through SMS, push notifications, Whatsapp and/ or email or any other form of communication as may be mutually decided between BYWAY and the Consignor, regarding the delivery status of the consignment and obtain feedback from the Consignor / consignee regarding the said service only so as to improve the customer experience with BYWAY. Additionally, BYWAY may use the Consignor’s behavioural information reflected via usage of the BYWAY app by the Consignor, for its internal analysis and targeted marketing and the Consignor hereby agrees to such use by BYWAY.
• Consignor agrees to indemnify and hold BYWAY and its agents harmless for any loss, damages, costs, expenses, penalties, fines, liabilities, of any nature whatsoever incurred or suffered by BYWAY and its agents due to any acts or omissions, breach of applicable law and/ or customer/ third party claims attributable to the Consignor.
• The Consignor shall not book any consignment containing any of the following items (“Restricted Items”): (i) pornographic material; (ii) dry ice used for packaging or temperature control; (iii) human corpses, organs or body parts; (iv) flammable items (firecrackers, oil cans, adhesives, paint cans), explosives (arms, ammunition, fireworks, flares, gunpowder, airbag inflators); (v) fire extinguishers; (vi) alcohol / tobacco / prescription medicines / drugs /contrabands/ narcotics / psychotropic substances poisonous goods, toxic and infectious items; (vii) corrosive items such as acids, chemicals etc; (viii) radioactive material; (ix) highly perishable food items; (x) expensive electronics including but not limited to mobile phones, ipads, laptops, smart watches etc. (xi) livestock; (xii) pets and animals; (xiii) Non packaged perishables; (xiv) platinum, gold, silver, jewellery, gems, precious, semi-precious metals or stones in any form; (xv) gambling devices, lottery tickets; and (xvi) any diagnostic specimens, hazardous or bio-medical waste.
• The Consignor acknowledges that the above list may be updated from time to time either at the URL where these terms are made available or as otherwise notified to the Consignor.
• Further, Consignors will not hand over any secure documents/articles including, but not restricted to education certificates, passport, Aadhar Cards, bank statements, credit cards, debit cards, bank cheques and / or currency items, passports amongst other documents (“Restricted Documents/Articles”). BYWAY is not licensed to carry Restricted Documents/Articles and shall have no liability in such cases if such documents are handed over for delivery by the Consignor.
• In the event the Consignor requests transportation or undertakes transportation by misrepresentation of any illegal or unlawful or prohibited items as mentioned above or which is otherwise restricted under any applicable law, BYWAY or its agent has the right to report the same to the law enforcement authorities. BYWAY has a zero-tolerance policy towards misuse of its services for transportation of illegal/ prohibited items.
• Consignor is required to provide the accurate address for delivery at the time of booking the consignment. It is not possible to entertain any request for updating the delivery address once the consignment leaves the place of origin.
  BYWAY reserves its right to refuse the booking of any consignment without assigning any reason whatsoever.
  In the event, during transit of the Consignor’s consignment from pick-up location to drop-off location or while undertaking the transport services, if police or other law enforcement agencies demand display of the items for verification, the delivery agents of BYWAY shall display the consignment to such authorities. In the event any regulatory authorities levy any penalties/ fines to the driver partner / BYWAY due to any acts of the Consignor which are contrary to any applicable laws, rules, regulations, guidelines. The Consignor undertakes to indemnify BYWAY.
• When loading the vehicle prior to transportation, the Consignor agrees not to exceed the weight and size details specified by the Consignor at the time of booking. Please ensure that the items are within these limits to ensure safe transport and compliance with BYWAY’s guidelines and applicable laws. We have the right to reject any goods which exceed the weight and size specified at the time of booking.
• The Consignor understands and agrees that the consignee of the goods should be available at the drop-off location at the time communicated for delivery of the goods. In the event the consignee is not available at the drop-off location or refuses to take delivery, the Consignor will be contacted. In case the Consignor is not available, such consignments may be returned at the drop-off location or to the pick-up location or disposed of in any other manner suitable and deemed practical by BYWAY or its agents. Additionally, in case of non-acceptance of the return to origin (“RTO”) consignment by the Consignor or in case the Consignor is not reachable for RTO consignment, BYWAY reserves the right to levy suitable demurrage / incidental charges for extended storage of such products.
• Consignments cannot be delivered to PO boxes or postal codes. Consignments are delivered to the consignee’s address as provided by the Consignor, but not necessarily to the named consignee personally. Consignments to addresses with a central receiving area will be delivered to that area only. We do not provide door step delivery.
• In the event the Consignor opts for ancillary services such as loading-unloading (“Load Assist”) in the course of transportation of their goods, the Consignor will be charged for the same, which shall be included in the composite services undertaken.
• BYWAY may provide load assist services in some territories or for some orders. If the Consignor chooses to avail such services, consignor shall ensure that they shall be present or authorize someone to be present at the time of availing such services.
• If you choose to avail the services of Load Assist, the following conditions will be applicable:
• Packaging, Assembly-Disassembly, Dismantling & Rope Pulling of goods are not included.
• Technical Assistance are not included: If any machine, appliance, or electronic gadgets require technical assistance of the manufacturer for locking/unlocking, it is the customer’s responsibility to arrange for it as BYWAY does not offer these services.
• Goods heavier than 50 kg or that which cannot be lifted by 2 persons cannot be moved using this service. Eg: King/queen size cots, Big wardrobe/ Almirahs, 5-seater sofa, other such goods bigger than 7 feet, etc.
• BYWAY shall not be liable for any delay in pickup, mis-delivery, non-delivery or loss or damage to it caused on account of an act of God, force majeure and or circumstances like war, epidemics, pandemics, acts of public enemy’s strikes, embargoes, local disputes, riots/ civil commotion, political and other disturbances or accidental fire, accident of vehicle carrying the goods, arrest, restraint or seizure under legal process, order or restrictions or prohibition imposed by any governmental authority, explosions or any other cause reasonably beyond the control of BYWAY.
• Please note that the time of arrival/delivery provided at booking is an estimate. Any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reason outside BYWAY’s control. BYWAY shall not be liable for any loss arising from such delays.
  Directors, owners, partners and shareholders of BYWAY shall not be personally liable for any claims or liabilities arising out of service failures including those resulting from situations, circumstances, omissions, errors, failures or misleading statements/guidance from any employees of BYWAY or of its channel partners or of its driver partners.
  The Consignor shall be liable for the preparation and/or generation of the E-way bill (including Part-A and Part-B of the E-way bill) and it shall be the sole responsibility of the Consignor to ensure that all the details provided in such E-way bill are true and/or accurate. Further, the
• Consignor shall ensure the particulars of the vehicle are correctly mentioned in the E-way bill and provide a copy of the E-way bill to the driver at the start of the trip. In case of any vehicle breakdown or delay in the delivery of the consignment, the Consignor shall be obligated for making any necessary or required changes in the Part-B of the E-way Bill, in a timely manner and furnishing a copy of the same to the driver. In the event of failure by the Consignor, the Consignor shall be solely liable for any repercussions for non-compliance under applicable Law. BYWAY shall not be responsible for actions of the authorities due to misdeclaration, the Consignor will have to deal directly with all tax and statutory authorities in case of any notices related to the e-waybill from any tax / statutory authorities.
• Notwithstanding any other remedy available to BYWAY, BYWAY shall have a lien over all goods/ consignments in its possession or under its control in respect of any sums due to BYWAY by the Consignor. Notwithstanding that BYWAY shall have a lien over any goods/ consignments, the Consignor shall continue to be liable for any and all charges arising from the provision of the Services until all sums due to BYWAY have been received by it. If the consignee does not take delivery of the consignment or it remains undelivered due to any reason such as wrong or incomplete address or refusal by consignee to pay any applicable duties / taxes / charges or containing Prohibited Items or if the packaging of a consignment is damaged to the extent that repacking is not possible resulting in non delivery or the consignment is found as likely to cause damage to other goods or cause injury to individuals, then the Consignor shall still be liable to pay freight charges and all other dues and charges to BYWAY. In case of the goods remains undelivered beyond 48 (forty eight) hours from the date of tendering the consignment for delivery, then demurrage / warehouse charges at such other rates as may be fixed by BYWAY from time to time. Further, if the consignment is not received or claimed within 7 days from the date of tendering the consignment for delivery for the first time, then BYWAY shall have the right to proceed with the sale of the goods of the consignment to realize all its dues. BYWAY reserves the right to levy suitable demurrage / incidental charges for extended storage of such goods.
• Enterprise customers who avail BYWAY’s services through API integration shall also be subject to these BYWAY terms and conditions.

ALL INDIA COURIER SERVICES – TERMS AND CONDITIONS
1. The following terms relate to All India Courier services provided by BYWAY. Users availing the All India Courier services provided by BYWAY agree to be bound by these terms and any other general terms and conditions notified by BYWAY from time to time. BYWAY may provide these services by itself or in association with third party service providers.

2. With respect to All India Couriers, the Sender acknowledges that, they have read, understood and agreed to the terms and conditions of the third parties whose services are engaged by the Sender in relation to any services availed on the Platform of BYWAY. The Sender warrants that they are the owner or the authorized agent of the owner of the parcels transported and are authorised to accept the terms and conditions herein.

3. Packaging the goods appropriately is the responsibility of the Sender. Sender should ensure goods are packaged in a manner which can withstand reasonable care and handling. The Sender should adhere to following packaging instructions when availing the All India Courier services:

4. The items shall be packed using carton boxes and the same shall be sealed using proper packaging tapes.

5. Documents shall be packed using the envelopes with proper sealing.

6. Do not use damaged or old boxes for packaging.

7. Remove any old labels or barcodes.

8. Avoid using low quality adhesive tapes, kraft paper tape, cellophane, masking tapes and springs or ropes.

9. Only one box/envelope is allowed per AWB number.

10. In case the shipment is inappropriately packed and/or it contains any of the prohibited items to the knowledge of BYWAY, the shipment may be flagged as rejected by the pickup person assigned with such tasks.

11. The maximum allowable size of the shipment while using these services is 100,000 cubic cms.

12. The Sender is required to fill out the particulars of the parcel while booking a parcel for delivery.

13. The Sender warrants to BYWAY that the description of the parcel as noted at the time of booking on the app conforms accurately to the actual content thereof and it does not contravene the provisions of any applicable law. The Sender shall remain solely liable for any consequences arising out of any false or wrongful declaration.

14. The Sender shall provide complete and accurate address of the Sender and the Recipient along with valid contact telephone numbers and correct Postal Index Number (PIN code). Any service failure arising out of any defect in such details shall be at the sole responsibility and at risk of the Sender.

15. Notwithstanding any other remedy available to BYWAY, BYWAY shall have a lien over all parcels in its possession or under its control in respect of any sums due to BYWAY by the Sender. Notwithstanding that BYWAY shall have a lien over any parcel, the Sender shall continue to be liable for any and all charges arising from the provision of the services provided by BYWAY until all sums due to BYWAY have been received by it. If the Recipient does not take delivery of the parcel or it remains undelivered due to any reason such as wrong or incomplete address or refusal by the Recipient to pay any applicable duties / taxes / charges or containing prohibited items or if the packaging of a parcel is damaged to the extent that repacking is not possible resulting in non delivery or the parcel is found as likely to cause damage to other goods or cause injury to individuals, then the Sender shall still be liable to pay freight charges and all other dues and charges to BYWAY. In case the parcel remains undelivered after 3 (three) delivery attempts from the date of tendering the parcel for delivery, then demurrage / warehouse charges at the rate of 0.1% (zero point one percent) of the parcel invoice value per day will be charged or at such other rates as may be fixed by BYWAY from time to time. Further, if the parcel is not received or claimed within 15 days from the date of tendering the parcel for delivery for the first time, then BYWAY shall have the right to proceed with the sale of the goods to realize all its dues. Additionally, case of non-acceptance of the return to origin (“RTO”) parcel by the Sender or in case the Sender is not reachable for RTO parcel, BYWAY reserves the right to levy suitable demurrage / incidental charges for extended storage of such parcel.

16. Directors, owners, partners and shareholders of BYWAY shall not be personally liable for any claims or liabilities arising out of service failures including those resulting from situations, circumstances, omissions, errors, failures or misleading statements/guidance from any employees of BYWAY or of its channel partners or of its authorized agents.

17. Parcels cannot be delivered to PO boxes or postal codes. Parcels will be delivered to the Recipient’s address as provided by the Sender but not necessarily to the named Recipient personally. Parcels to addresses with a central receiving area will be delivered to that area only.

18. Pickup of parcels will not be available on Sundays or public holidays.

19. Parcels with a declared value exceeding INR 49,999 (Rupees Forty Nine Thousand Nine Hundred Ninety Nine) cannot be shipped via BYWAY.

20. Parcels with incorrect weight and dimensions would go on hold and would affect the actual delivery date. BYWAY shall not be liable for any losses incurred due to parcels kept on hold because of incorrect weight and dimensions.

21. It is expressly understood by the Sender and BYWAY that all parcels agreed to be delivered by BYWAY are on a “said-to-contain” basis i.e., BYWAY shall have the right but will be under no obligation to verify the contents of the parcels declared by the Sender. The Sender shall undertake to make proper, true, fair, correct and factual declaration regarding description and value of parcels.

22. BYWAY shall have the right but not an obligation to open / inspect the parcels at the time of booking or during transit.

23. BYWAY will use the Sender / Recipient / booking customer information as shared with it, to update and inform the Sender / Recipient through SMS, push notifications, Whatsapp and/ or email or any other form of communication as may be mutually decided between BYWAY and the Sender, regarding the pickup and delivery status of the product / goods, returns and weight discrepancy and obtain feedback from the Sender / Recipient regarding the said service only so as to improve the customer experience with BYWAY.

24. All parcels are booked by BYWAY in good faith in respect of the contents thereof. The parcels shall not contain any items or materials which are prohibited/ banned, dangerous, hazardous or considered contraband by any applicable law. If the parcel contain any such items or material, the Sender agrees and undertakes to fully indemnify BYWAY, third party service providers or its agent for any loss, damages, costs, expenses, penalties, fines, liability thereof by BYWAY, third party service providers or its agent with regard to the said item or material.

25. The Sender agrees to indemnify and hold BYWAY harmless for any loss, damages, costs, expenses, penalties, fines, liabilities, of any nature whatsoever incurred or suffered by BYWAY due to any acts or omissions, breach of applicable law and/ or customer/ third party claims solely attributable to the Sender.

26. The Sender shall not book any parcel containing any of the following items (“Restricted Items”): (i) highly perishable food items; (ii) electrical items (induction stove, iron box, electric kettle etc); (iii) liquid bleach; (iv) livestock; (v) flammable items (firecrackers, oil cans, adhesives, paint cans), explosives (arms, ammunition, fireworks, flares, gunpowder, airbag inflators); (vi) fire extinguishers; electric lighter/cigarette;
(vii) platinum, gold, silver, artificial jewellery, gem, precious, semi-precious metals or stones in any form; (viii) bricks; (ix) alcohol / tobacco / medicines / drugs /contrabands/ narcotics / psychotropic substances poisonous goods, toxic and infectious items; (x) high capacity batteries such as car batteries, generator batteries, machinery parts containing oil, grease, fuel or batteries and other automobile parts; (xi) corrosive items such as acids, chemicals etc; (xii) radioactive material; (xiii) gambling devices, lottery tickets; (xiv) pornographic material; (xv) dry ice used for packaging or temperature controlled; and other items considered contraband under the Indian Postal law; (xvi) human corpses, organs or body parts; (xvii) any diagnostic specimens, hazardous or bio-medical waste; and (xviii) time sensitive documents.

The Sender acknowledges that the above list may be updated from time to time either at https://BYWAY.in/terms-of-service where these terms are made available or as otherwise notified to the Sender.
19. Further, Senders will not hand over any original documents including but not restricted to education certificates, passport, Aadhar Cards, bank statements, credit cards, debit cards, bank cheques and / or currency items, passports amongst other documents (“Restricted Documents”). BYWAY is not licensed to carry Restricted Documents and shall have no liability in such cases if such documents are handed over for delivery by the Sender.
20. In the event BYWAY or its agents or third party service providers becomes aware that the Sender is using, or used the service to transport any illegal or unlawful or prohibited items as mentioned above or which is otherwise restricted under any applicable law, BYWAY, or its agents or third party service providers has the right to report the same to the law enforcement authorities.
21. The Parcel to be moved: i. Cannot exceed 15 kg in volumetric weight. ii. Cannot exceed 75 cm x 75 cm x 75 cm in dimensions. iii. The contents of the parcel should be permitted for express movement. iv. Cannot contain any Notified Items or Restricted Documents. If these items i.e., any Notified Items or Restricted Documents are found in the parcel booked for road movement, the items might be forfeited or disposed of otherwise without any prior notification obligation or liability of BYWAY.
22. The Sender shall provide the actual weight along with the Length, Breadth and Height at the time of booking. The volumetric weight is calculated by inputting the {Length(cms) X Breadth(cms) X Height(cms)}/5000. The highest amongst the actual weight and the volumetric weight will be considered for price calculation.
23. The estimated date of delivery (“EDD”) shown while booking any standard delivery may vary due to operational challenges.. Any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reason outside BYWAY’s control. BYWAY shall not be liable for any loss arising from such delays.
24. The estimated date of delivery (“EDD”) shown while booking express deliveries /priority services/ super-fast deliveries may also vary due to challenges beyond our control. Any time of arrival/delivery provided at booking is an estimate only and, there may be occasional delays for reason outside BYWAY’s control. BYWAY shall not be liable for any loss arising from such delays.
25. Delivery address cannot be updated once the parcel leaves the city of origin. However, the Sender can change contact details if duly communicated to BYWAY through the support ID. Any change in such information may lead to increasing the delivery timelines which will be the sole liability and responsibility of the Sender.
26. BYWAY reserves its right to refuse the booking of any parcel without assigning any reason whatsoever.
27. In case of 6 (six) failed pickup attempts for inter-state courier services, the pick-up request will be cancelled by BYWAY and the refund will be processed to the original mode of payment by BYWAY subject to the bank’s refund guidelines.
28. In the event, during transit of the Sender’s parcel from pick-up location to drop-off location or while undertaking courier services, if the police or other law enforcement agencies demand display of the items in the parcel for verification, the third party service providers or delivery agents of BYWAY shall have the right to display the items in the parcel to such authorities.
29. The Sender understands and agrees that the Recipient of the parcel should be available at the drop-off location at the time communicated for delivery of the items. In the event the Recipient is not available at the drop-off location or refuses to take delivery or cannot be located by the delivery agent of BYWAY, the Sender will receive a notification either through the App and/or SMS and/ or a phone call (“Delivery Failed Message”). On receipt of Delivery Failed Message, it shall be the Sender’s responsibility to take re-delivery of the parcel at the identified location on payment of additional cost which may be communicated by BYWAY. In the event the Sender refuses to pay the cost of re-transportation or re-delivery of the parcel for which a Delivery Failed Message has been sent to the Sender, the Sender hereby authorizes BYWAY to hold the parcel in lieu of its claim of re-transportation of the parcel and subject to payment of the said amount release the items in the Sender’s favour.
30. The Recipient may authorize BYWAY and BYWAY may agree to the following: i. To leave parcels without signing the acknowledgment of receipt at the delivery address due to the unavailability of any individual to collect the parcels; or ii. To deliver in the letterbox/locker box. In such cases, BYWAY will provide proof of delivery, on request, and will not be held liable for any loss or damage of any parcel.
31. BYWAY shall not be liable for any delay in pickup, mis-delivery, non-delivery or loss or damage to it caused on account of an act of God, force majeure and or circumstances like strikes, riots, political and other disturbances or accidental fire, accident of vehicle carrying the parcels explosions or any other cause reasonably beyond the control of BYWAY.