Terms & Conditions

EXEL LOAD

Terms & Conditions / Your Use of the Services
Last updated: Sept 15, 2023

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING EXEL LOAD Application

Interpretation

In these Terms and Conditions users of exel load are explained further, unless the context otherwise requires the following expressions shall have the following meanings:

“Carriers or Drivers” means an independent third party Driver / Carrier / Owner-Operator / Dispatcher or rider who has agreed to use EXEL LOAD application software and accept Load bookings from third party shippers and provide transportation, logistical and/or load delivery.

“Shipper” is a third party individual or a third party organization or any third party legal entity willing to use EXEL LOAD application software to send or receive goods by generating a query to hire transport, receive or deliver goods, acknowledges all terms and conditions mentioned through the Platform; EXEL LOAD.com

“Platform” means the technological platform in whatsoever and howsoever form (web/app) as EXEL LOAD a limited liability company established in Wyoming, USA – EIN # 30-1342015.

“Services” means the services available at the EXEL LOAD platform. The Services constitute a technology platform that enables users of EXEL LOAD mobile application or website provided as part of the Services (each, an “Application”) to arrange and schedule transportation and / or logistics services with independent third party providers of such services, including independent third party transportation providers (freight carriers/drivers and independent third party logistics providers under agreement by accessing our services and agreed to our terms and conditions including license section below with EXEL LOAD or certain of EXEL LOAD’s affiliates (“Third Party Providers”). you acknowledge that EXEL LOAD does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party carriers, drivers who are not employed by EXEL LOAD or any of its affiliates. “Terms and Conditions” means these terms and conditions as amended from time to time in pursuant to avail services from EXEL LOAD platform by user accounts.

License

Subject to your compliance with these Terms, EXEL LOAD grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable, non-modifiable unless EXEL LOAD do so license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal or company account use, noncommercial use. Any rights not expressly granted herein are reserved by EXEL LOAD and EXEL LOAD’s. The Services may be made available or accessed in connection with third party services and content (including advertising) that EXEL LOAD does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. EXEL LOAD does not endorse such third party services and content and in no event shall EXEL LOAD be responsible or liable for any products or services of such third party providers. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

User Accounts

Your access and/or use of the software application platform, Platform and Services shall be understood and automatically deemed as an acknowledgement of and consent to be bound by any such amended or additional Terms and Conditions. In order to use software application’s most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Unless otherwise permitted by EXEL LOAD in writing, You must be at least 18 years of age, or the age of legal majority in your jurisdiction or the law of the land (if different than 18), to obtain an Account. You shall safeguard any login name and password EXEL LOAD may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not: - (i) disclose your account details and credentials to third parties; or (ii) allow any third party to use your account with EXEL LOAD or impersonate you in the use of your account. EXEL LOAD shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you. EXEL LOAD reserves the right to limit, suspend or terminate your account and your use of the Sites, Platform and the Services in the event you are in breach of any of the Terms and Conditions herein. Account registration requires you to submit to EXEL LOAD certain personal information, such as your name, address, mobile phone number and age, gender, vehicle registration / driver details as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use of the Services or EXEL LOAD’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

User Requirements and Conduct

You agree to comply with all applicable laws with in your jurisdiction when using the Services. You may only use the Services for lawful purposes, such as not transporting unlawful or hazardous materials, and having acquired route permits if applicable. In your use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services. You agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. This requirement applies to both customers/shippers and transport providers to verify and keep each other's identity before loading the goods and departure. It is also necessary to ensure that the identity of the driver and the transport as per the law of the land matches with the information registered on the EXEL LOAD platform. In case of any violation, law-enforcing authorities must be reported according to the law of the land. The responsibility for goods insurance as per the law lies with the goods' owner, shipper, receiver, or others (vehicle/warehouse etc), whichever applies. EXEL LOAD is not liable for any loss, damage, theft, or discrepancy during loading, offloading, or transit. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. To enhance security during the handover of goods to drivers/carriers, Excel Load will generate two One-Time Passwords (OTPs) for the Shipper. The first OTP (A) will be used for the pick-up of goods, while the second OTP (B) will be utilized for the drop-off delivery. Before handing over the goods, the Shipper must verify the authenticity of the driver/carrier by ensuring they enter the correct OTPs into the Excel Load platform. This step is crucial to prevent unauthorized access and ensure that only legitimate drivers/carriers can take possession of the goods. Similarly, the carriers/drivers must also enter the valid OTPs into the Excel Load platform before handing over the goods to receivers. This security feature has been implemented to serve as an additional layer of protection, safeguarding the entire delivery process. By implementing this OTP-based security measure; Handing over of goods by shippers to drivers/carriers and by carriers/drivers to receiving party without Valid OTP authentication, exel load is not responsible for any fraud/complaints etc.

User Provided Content

EXEL LOAD may, at its sole discretion, permit you to submit, upload, publish, or otherwise make available to EXEL LOAD through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to EXEL LOAD, you grant EXEL LOAD a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and EXEL LOAD’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You acknowledge and warrant that: (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant EXEL LOAD the license to the User Content as set forth above; and (b) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor EXEL LOAD’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by EXEL LOAD in its sole discretion, whether or not such material may be protected by law. EXEL LOAD may, but shall not be obligated to, review, monitor, or remove User Content, at EXEL LOAD’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining smooth and uninterrupted data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device, and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. EXEL LOAD does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that when using the EXEL LOAD platform, there are service charges in addition to carrier freight charges agreed upon between third parties ("freight charges"). As a shipper, you retain the right to request lower freight charges from a third-party carrier provider for freight services before finalizing the agreement and paying/receiving invoices (freight payments) directly as per the agreed-upon terms between the shipper, receiver, biller, and carrier either at the time of loading or delivery or at a later period. EXEL LOAD is not a party to payment terms, nor does it receive any freight invoices. EXEL LOAD is a technology platform that connects third-party shippers with third-party carrier providers. EXEL LOAD is not responsible for delays or defaults in invoice payments. In case of delay or default, the law of the land applies, and appropriate authorities should be contacted for any grievances. EXEL LOAD's service charges are 1% of the freight amount from Shipper & 1% from carrier in USA, taxes may apply, in other countries it may be 1% to 3%. EXEL LOAD provides multiple free features to its users, details are available at website, and these free offered features may get change in future with service charges may apply. Live tracking is available on by downloading EXEL LOAD mobile application. Any outstanding payments will be shown under users payables account created at EXEL LOAD. EXEL LOAD reserves the right to change service charges at any time without prior notification. An updated rate will apply to future transactions.

Disclaimers, Limitation of Liability, Indemnity

EXEL LOAD is an IT application software provider company. EXEL LOAD provides services "as is" and "as available" (through third parties). EXEL LOAD disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, EXEL LOAD makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. EXEL LOAD does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. EXEL LOAD shall not be liable for direct / indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, damage to goods, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if EXEL LOAD has been advised of the possibility of such damages. You acknowledge and agree that EXEL LOAD has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a Driver. You are solely responsible for arranging insurance for the goods being transported. The limitations and disclaimers in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. You agree to indemnify and hold EXEL LOAD and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with:

(i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) EXEL LOAD's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers. You warrant that you are either the owner or the authorized representative of the owner of the goods and that you are authorized to accept and are accepting these Terms and Conditions for yourself or as a representative for and on behalf of the owner of the goods. You represent and warrant that you shall comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and carriage of the goods and that the goods are not in any manner or condition prohibited by law, dangerous or hazardous, or highly perishable. You warrant that the goods to be delivered by a Driver do not contain or constitute: hunted animals; parts of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption and prohibited items according to international treaties and/or applicable international laws; human organs, ashes, bones; firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.; illegal items including but not limited to counterfeit or pirated products, illegal drugs or addictive substances, illegal property, or any materials which are against the applicable laws, regulations or rules stipulated by federal, state, or local government authorities, including the materials which the users have legal right of possession but are not allowed to partially or entirely move or send to other places; sharp or hazardous objects including but not limited to knives, swords, spears, daggers; flammable materials of all kinds such as LPG, NGV, etc.

Drivers/Carriers reserve the right to open and check goods without prior notice to the shipper/receiver if they have any reasonable suspicion that the goods may contain or constitute illegal, unlawful, or prohibited items as referred to in the above-mentioned provisions. EXEL LOAD and/or the Drivers reserve the right to refuse the receipt and delivery of such goods. The shipper/receiver shall be responsible for ensuring that they provide EXEL LOAD and/or the Drivers/Carriers with accurate and sufficient details to enable the Drivers to complete the receipt and delivery of the goods. The shipper/receiver consents to EXEL LOAD collecting, using, keeping, and updating their personal data to such an extent and for such a time period as may be necessary when EXEL LOAD provides the Services, and confirms that the personal data provided are true, correct, and up-to-date. The shipper/receiver further expressly consents that EXEL LOAD is entitled to disclose their personal data to Participating carrier vehicles/Carriers/dispatchers/owner-operators/drivers and vice versa as may be necessary, including but not limited to, for the purposes of sourcing a booking to be accepted by a carrier/vehicle’s driver, confirmation/clarification of the booking information. EXEL LOAD may disclose the personal data belonging to a (Driver/carrier) or vice versa (shipper/receiver/bill to) during the provision of the Services. The shipper/receiver represents and warrants that they shall not use/forward the personal data mentioned above for any purpose other than for purposes of using the Services.

Governing Law / Arbitration, Severability

If any provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable under any law, such provision or part thereof shall be deemed not to form part of this Agreement to that extent. However, the legality, validity, and enforceability of the other provisions of these Terms and Conditions shall not be affected. Except as otherwise set forth in these Terms, they shall be exclusively governed by and construed in accordance with the laws of the relevant jurisdiction. The language used in the mediation and/or arbitration shall be English unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. Other Provisions Claims of copyright infringement should be sent to EXEL LOAD’s designated agent. Please visit EXEL LOAD’s web page at https://www.exelload.com/ for the designated address and additional information.