INTRODUCTION

i. Friendie Logistics (“we”, “us” or “Friendie Logistics”) is an online marketplace connecting travellers having available baggage space with individuals who wish to send or receive parcels from one location to another.

ii. The terms and conditions (“Terms and Conditions”) governing your access and use of Friendie Logistics along with its related sub-domains, sites, tablet or mobile app, services and tools (“Site”) are set out herein below and constitutes as a User Agreement which shall be deemed effective upon your use of the Site which shall signify your acceptance of these Terms and Conditions. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by WIIN DOT LLC.

iii. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

CONDITION OF USE

i. To access certain services offered by the platform (consisting collectively of our Site, application and services), we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.

ii. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account.

iii. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.

iv. You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You must not breach any applicable laws, rules or regulation, third party rights or our Terms and Conditions. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site
(i) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity,
(ii) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Pakistan or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, misleading affiliations with Friendie Logistics, chain letters, mass mailings or any "spam”,
(iii) use the Site for illegal purposes,
(iv) to cause annoyance, inconvenience or needless anxiety and
(v) for any other purposes that is other than as expressly permitted by these Terms and Conditions or other than what is intended by us.

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of other Users nor any breach of conditions, representations or warranties by the Users nor hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Users. By providing the platform, does not own, create, sell, resell, control, retail, organize, manage, offer, deliver, or supply any products. Users alone are responsible for their transaction. When users enter into transactions, they are entering into a contract directly with each other, fully acknowledging that Friendie Logistics is not and does not become a party to or enter into in any contractual relationship between users. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products whilst using Friendie Logistics. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Site. At no time shall Friendie Logistics have any obligations or liabilities in respect of any transactions on the Site.

INDEMNITY

i. Each User agrees that Friendie Logistics and its affiliates shall not be liable to you, the User, for any direct, indirect, incidental, special, consequential or exemplary damages, arising from the delivery of services including but not limited to damages for loss, misdelivery or nondelivery of items or damage to the items.

ii. Each User agrees to indemnify and hold harmless Friendie Logistics, its affiliates and representatives from any and all damages, losses, claims and liabilities, penalties, fines, fees, expenses, costs (including legal costs on a full indemnity basis) and charges of any nature associated with any non-compliance by any User which arise or may potentially arise from your submission, posting or display of any user content, from your access to or use of the services offered by Friendie Logistics. Furthermore, each User agrees that Friendie Logistics is not responsible, and shall have no liability to you or anyone else for any user content, products, service or other material transmitted through Friendie Logistics, including fraudulent, untrue, misleading, unsatisfactory, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such user content or other material rests entirely with the User. Friendie Logistics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.

iii. The Users accessing or using the services of Friendie Logistics shall assume the risks of conducting any transactions in connection with or through the services. Furthermore, the Users accessing or using the services of Friendie Logistics shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions. Examples of such risks shall include, but are not limited to, mis-representation of products and services, the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided, fraudulent schemes and weight mis-calculations and Friendie Logistics shall not be liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any transaction or services availed.

iv. Every User agrees that their relationship with Friendie Logistics is limited to being an independent, third-party traveler, and not an employee, agent, or partner of Friendie Logistics for any reason whatsoever. Every user acts and shall act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of Friendie Logistics. Therefore, Friendie Logistics does not, and shall not be deemed to enforce or guarantee you or your performance including but not limited to in connection with the Terms and Conditions.

v. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Friendie Logistics, its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.

vi. To the maximum extent permitted by applicable law, you agree to release, defend, indemnify, and hold Friendie Logistics and its affiliates and subsidiaries, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the
(i) breach of these terms,
(ii) your improper use of any Friendie Logistics services, or
(iii) your interaction with any User.

vii. The Friendie Logistics platform and services are provided “as is” and “as available.” Friendie Logistics disclaims all representations and warranties, express, implied or statutory, not expressly set out in this agreement, including the implied warranties of merchantability, fitness for a particular purpose, condition, quality, durability, reliability, non-infringement and operation of services. In addition, Friendie Logistics makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of Friendie Logistics services or any other services requested through the use of Friendie Logistics services. Users agree that the entire risk arising out of your use of Friendie Logistics services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

viii. Friendie Logistics and its affiliates are not responsible for the conduct, whether online or offline, of any User, Friendie Logistics or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users or any other third party.

ix. Friendie Logistics is not required to procure insurance for, nor is it responsible for private belongings, including the loss of private belongings.

x. The User hereby undertakes and acknowledges that the responsibility for payment of any taxes, duties, levies, charges etcetera, if any, rests solely with them. In case of any issue or dispute in relation to the payment of any taxes, duties, levies, charges etcetera the User shall be responsible to satisfy the relevant authorities, keeping Friendie Logistics and its agents, affiliates, directors, officers and employees free of any such responsibilities.

xi. By using Friendie Logistics and participating in the services, you agree to accept such risks and agree that Friendie Logistics is not responsible for the acts or omissions of Users or any other third party.

xii. Friendie Logistics and its affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

xiii. If any User breaches any terms of this Agreement, or if Friendie Logistics has reasonable grounds to believe that a User is in breach of any terms, Friendie Logistics shall have the right to take such disciplinary actions as it deems appropriate, including without limitation, removal of that User from the Friendie Logistics community without liability for any losses or damages arising out of or in connection with such removal.

xiv. You hereby expressly release Friendie Logistics as owned by Friendie Logistics Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Users or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in any manner we deem fit. You also acknowledge that if you breach the terms and conditions stated herein and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

WAIVER

You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in any manner we deem fit. You also acknowledge that if you breach the Terms and Conditions stated herein and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Karachi.