SERVICES

1. EMTO facilitates in transportation of goods by road using various vehicle types including three-wheelers, and four-wheelers.

CONSIGNOR WARRANTIES AND REPRESENTATIONS

1. Ownership and Authority

   1. The Consignor hereby warrants that all consignments entrusted to EMTO are either legally owned by the Consignor or are under the Consignor’s lawful control and possession. The Consignor affirms that they possess full legal authority to contract for the transportation of such consignments, including the right to represent and bind the owner(s) of the goods.
   2. The goods consigned are free from any third-party claims, liens, or encumbrances that may prevent or restrict their transportation, storage, or delivery.

2. Accurate Declaration and Description

   The Consignor undertakes and warrants that all details related to the consignments (including nature, quantity, weight, dimensions, and value) provided during the booking process are complete, accurate, and truthful. The Consignor shall be responsible for any discrepancy arising from false or incomplete information.

3. Legal Compliance

   The Consignor represents and warrants that all goods tendered for transportation are in full compliance with applicable laws, regulations, and ordinances. The consignments do not contain any illegal, prohibited, or restricted items, including but not limited to explosives, firearms, narcotics, hazardous goods, or other illegal commodities as stipulated herein

4. Packaging and Sealing

   The Consignor warrants that all consignments are adequately and securely packaged in accordance with EMTO’s prescribed packaging guidelines, including suitable protection for fragile items and robust sealing. The Consignor shall bear all risks and liabilities arising from improper packaging.

5. Insurance and Risk

   The Consignor acknowledges that EMTO’s liability is limited as specified in the Terms and Conditions, and the responsibility for insuring high-value consignments rests solely with the Consignor. The Consignor may procure insurance at their own expense for such goods.

6. Prohibited or Restricted Good

   1. The Consignor warrants that no consignment contains restricted, hazardous, or prohibited items, including but not limited to: explosives, narcotics, firearms, flammables, live animals, currency, jewellery, or any other goods prohibited by law or under EMTO’s Restricted Goods policy.
   2. Restricted or Prohibited Items, including but not limited to Pornographic materials, explosives, firearms, narcotics, alcohol, flammables, hazardous or radioactive goods, human or animal parts, live animals, currency, gems, jewellery, lottery tickets, or any other illegal or restricted articles under applicable law.
   3. Additionally, secure documents (e.g., passports, Aadhaar cards, cheques, certificates, or currency) shall not be transported. EMTO shall have no liability if such documents are booked in contravention of this clause.
   4. If any such goods are found in the consignment, EMTO reserves the right to suspend, withhold, or dispose of the goods, and to report the matter to the appropriate authorities without notice.

7. No Encumbrance

   The Consignor affirms that the consignments are free of any encumbrances, claims, or liens, and they have the full right to transfer the goods without any legal restriction.

8. Liability for Misdeclaration

   In cases of misdeclaration regarding the nature, value, or contents of consignments, the Consignor shall bear all liabilities, costs, and damages resulting from such misrepresentation. EMTO shall be indemnified against any legal or financial consequences arising from inaccurate declarations or breach of this clause.

Payments, Refunds, and Cancellations

1. General Payment Terms

   All payments for EMTO’s services shall be made in accordance with the rates, charges, and applicable taxes as reflected on the EMTO application or otherwise communicated at the time of booking.

   The Consignor agrees that the payment made towards EMTO’s services constitutes valid and binding consideration for the transportation or other related services rendered.

   EMTO reserves the right to revise, modify, or amend its pricing, payment, and refund policies at its sole discretion without prior notice. The rates applicable at the time of booking shall prevail for that specific consignment.

2. Modes of Payment

   EMTO provides two primary modes of payment for availing its services:

   1. Online Payment

      1. The Consignor may make advance payment for services through the EMTO application or website using available digital payment modes, including but not limited to credit/debit cards, UPI, net banking, EMTO wallet, or third-party payment gateways.

      2. Upon successful completion of an online transaction, EMTO shall issue a payment confirmation and corresponding invoice.

      3. In case of transaction failure or delayed confirmation due to third-party gateway issues, EMTO shall not be held liable. Any amount debited erroneously shall be refunded or credited to the Consignors EMTO wallet within 7–10 working days, subject to verification with the respective payment processor.

      4. The Consignor acknowledges that EMTO acts as a “pure agent” in respect of payment gateway charges and shall recover such fees at cost, without mark-up.

   2. Cash on Delivery (COD) Payment

      Where permitted, the Consignor may opt for payment through Cash on Delivery, subject to the following terms:

      Mode 1 – Payment by Consignor at the Commencement of Trip:

      1. The Consignor shall pay the full amount of the transportation charges, including applicable taxes, to the EMTO driver partner at the time of pickup.

      2. Payment made to the driver shall be deemed valid payment to EMTO.

      Mode 2 – Split Payment:

      1. The Consignor may make part payment of the transportation charges at the commencement of the trip.

      2. The balance payment shall be payable by the Consignee at the time of delivery at the destination.

      3. The driver partner shall collect the balance payment on behalf of EMTO, and such payment shall discharge the payment obligation in full.

      Mode 3 – Payment by Consignee upon Delivery:

      1. The Consignee shall pay the entire freight amount as reflected in the EMTO application upon delivery of goods.

      2. The Consignor acknowledges that EMTO’s responsibility for collection of payment is limited to facilitating the transaction on behalf of the Consignor and does not extend to guaranteeing payment by the Consignee.

      3. In case of refusal, non-payment, or partial payment by the Consignee, the Consignor shall remain jointly and severally liable to EMTO for the unpaid balance.

   3. General COD Conditions:

      1. The Consignor shall ensure the exact amount payable is tendered to the driver partner; EMTO shall not be responsible for short payment, excess payment, or voluntary gratuities.

      2. EMTO may, at its discretion, temporarily suspend COD services in any location or for any account due to operational, security, or compliance reasons.

      3. Non-payment, deficit payment, or fraudulent payment attempts shall entitle EMTO to suspend the Consignor’s account, withhold future bookings, levy penalties, and initiate appropriate legal recovery proceedings.

3. Refund Policy

   1. All eligible refunds, whether arising from cancellation, non-fulfillment, or accepted claims of damage, shall be processed within seven (7) to ten (10) working days from the date of acceptance of such claim by EMTO.

   2. Refunds shall be credited to the Consignor’s EMTO Wallet, from which the Consignor may utilize the amount for future bookings.

   3. EMTO shall not be liable for any delay in refund processing attributable to banks, financial intermediaries, or payment gateway providers.

   4. Refunds shall not be applicable for:

      • Services partially availed or completed;

      • Breach of packaging or declaration obligations by the Consignor;

      • Consignments containing prohibited or restricted items; or

      • Delays caused by reasons beyond EMTO’s reasonable control.

4. Cancellation Policy

   1. A booking may be cancelled by the Consignor through the EMTO application prior to driver allocation without penalty.

   2. Once a driver has been allocated or has accepted the trip, cancellation shall not be permitted from the application, and the Consignor will have to reach out to EMTO support for cancelling the trip.

   3. In the event the Consignor fails to proceed with the trip after driver allocation, such instance shall be treated as a “Consignors Default”, and EMTO reserves the right to recover applicable trip charges and any actual costs incurred.

   4. EMTO may cancel a booking at any time, with or without prior notice, due to operational, safety, or legal reasons. In such cases, if payment has already been made, EMTO shall refund the amount to the Consignor’s EMTO Wallet in accordance with the refund terms stated herein.

   5. EMTO shall not be liable for consequential or indirect losses arising from cancellation or rescheduling of services.

5. Proof of Payment and Dispute Resolution

   1. The Consignor must retain payment receipts or digital confirmations as proof of payment.

   2. Any discrepancy in invoicing or payment shall be reported to EMTO within seven (7) days of service completion.

   3. Failure to notify EMTO within the stipulated time shall constitute deemed acceptance of the invoice and discharge EMTO from any related claims.

6. Default and Recovery

   In the event of default in payment or dishonoured transaction:

   1. EMTO shall have the right to suspend or terminate services, block access to the Consignor’s account, and recover dues through lawful means;

   2. All costs of recovery, including legal expenses, shall be borne by the defaulting Consignor; and

   3. EMTO shall have a general lien over any consignment or property of the Consignor in its possession until all dues are cleared.

CLAIMS AND LIABILITY

1. Claim Notification

   All claims for loss, or negligence resulting in damage relating to any consignment must be submitted by the Consignor in writing within twenty-four (24) hours from the time of receipt of the consignment. Such claim must be accompanied by sufficient supporting evidence including detailed descriptions and photographic proof where applicable. Failure to submit a claim within this period shall constitute irrevocable waiver of any entitlement to compensation.

2. Limitation of Liability

   EMTO’s total aggregate liability for any loss, damage, or negligence arising in connection with the transportation of a consignment shall, under all circumstances, be limited to the lesser of:

   1. The total freight charges paid by the Consignor for the specific consignment; or

   2. A maximum amount of INR 5,000 (Indian Rupees Five Thousand only) per consignment, irrespective of the vehicle type utilized.

3. In cases where the value of the claim exceeds the aforesaid limit, EMTO shall, upon written request by the Consignor, issue a Certificate of Facts (COF) to enable the Consignor to pursue an insurance claim directly with their insurer. EMTO shall not, in any event, be responsible for payment of any compensation beyond the above-stated limit.

4. For consignments whose value exceeds the liability limit prescribed above, it shall be the sole responsibility of the Consignor to obtain and maintain adequate insurance coverage at their own cost. EMTO shall not be liable for any loss beyond the stated limits.

5. Under no circumstances shall EMTO, its directors, officers, employees, or agents be liable for indirect, consequential, exemplary, or punitive damages arising out of use or inability to use its services.

6. This limitation of liability applies irrespective of the cause of loss or damage, including EMTO’s negligence or breach of contract.

7. Exclusion of Consequential Damages

   EMTO expressly disclaims liability for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, anticipated savings, or business interruption arising from or connected with the transportation services, even if EMTO has been advised of the possibility of such damages.

8. Claims Process and Cooperation

   The Consignor agrees to cooperate fully with EMTO during the investigation and resolution of any claim, including providing identification, consignment details, and any additional information EMTO may reasonably request. Failure to do so may result in denial of the claim.

9. No Waiver of Other Rights

   The limitation of liability herein shall not prejudice any rights of EMTO to seek payment for freight charges, demurrage, or other lawful dues, nor shall it limit EMTO’s rights under indemnity and lien provisions.

SERVICE CONDITIONS

1. Delivery timelines provided by EMTO are indicative estimates only. EMTO does not guarantee delivery within any specific time frame and shall not be held liable for any delay in pickup, transit, or delivery arising from operational, technical, traffic, regulatory, or any other circumstances beyond its reasonable control

2. EMTO reserves the right to refuse or cancel any booking at its sole discretion.

3. EMTO reserves the right to suspend or terminate a Consignor’s access to its services at any time for violation of these Terms, misuse of services, fraudulent activity, or as otherwise deemed necessary in EMTO’s discretion.

4. EMTO shall not be held responsible for any non-performance or delay due to natural disasters, war, government restrictions, strikes, riots, accidents, or other events beyond its control.

5. EMTO shall retain a lien on consignments for any outstanding charges until settled in full.

6. All EMTO services are subject to applicable taxes, duties, levies, and government-imposed charges.

7. EMTO may use Consignor information, including contact details, to provide service updates, notifications, and feedback requests, as well as for internal analysis and service improvement in accordance with applicable data protection laws.

PICKUP AND DELIVERY

1. Accurate pickup and destination details must be provided at the time of booking. Address modifications post-dispatch shall not be entertained.

2. Deliveries are made to the consignee’s address, not necessarily to the named individual. Doorstep delivery is not guaranteed.

3. The Consignor must accurately declare goods details and value while booking.

4. All transactions are conducted on a “said-to-contain” basis, meaning EMTO is not responsible for verifying declared contents

5. The Consignee must be available at the destination during the specified delivery window. In case of rejection or unavailability, the consignment may be returned or disposed of as appropriate.

6. If the consignee is unavailable or refuses delivery, EMTO may return the goods to the origin or dispose of them as deemed appropriate. Demurrage or storage charges may apply.

7. In case of non-collection of undelivered consignments within 7 days, EMTO reserves the right to sell or dispose of such goods to recover outstanding dues.

LIEN

EMTO shall have a possessory lien on all consignments, goods, or property as security for any unpaid freight, charges, fees, or other dues owed by the Consignor. This lien entitles EMTO to retain possession of such goods until full payment of all outstanding amounts is received. In cases where consignments remain unpaid or unclaimed for seven (7) calendar days after tendering for delivery, EMTO reserves the right to initiate lawful disposal or sale of such goods to recover dues, after providing any required notice. Proceeds from such sale will be applied first to outstanding charges and associated costs, with any remaining balance returned to the Consignor.

Packaging Guidelines

1. Consignor must ensure proper and secure packaging of goods:

   1. Fully cover and seal goods using strong tape.

   2. Fragile items must be bubble-wrapped and cushioned.

   3. Boxes should be filled with padding to prevent movement.

   4. Stretch wrap items prone to shifting.

   5. String or weak adhesives should not be used.

2. EMTO is not liable for damage resulting from improper packaging.

GOVERNING LAW AND JURISDICTION

1. These Terms shall be governed by and construed in accordance with the laws of India. The exclusive jurisdiction for any disputes arising hereunder shall lie with the courts in Chennai, India.

2. Any dispute, difference, or claim arising out of or in relation to these Terms shall first be attempted to be resolved through mutual discussion or mediation in good faith before recourse to legal proceedings.

AMENDMENT

1. EMTO reserves the right to amend, modify, or update these Terms at its sole discretion at any time.

2. Continued use of EMTO’s services after any amendment constitutes express acceptance of the revised Terms.

3. Consignors are advised to review the Terms periodically on EMTO’s website or application.

CONTACT FOR GRIEVANCES

• Grievance Officer: Magesh. R

• Address: EMTO Technology & Logistics Pvt. Ltd. No. 212, 1st Floor, New Tiny Sector, Post Office Road, Ambattur Indusrial Estate, Chennai – 600058.

• Email: grievance.officer@emto.in

• Phone: +91 9087888081