In these Conditions: ​ "Authority" means any duly constituted legal or administrative Person, which exercises jurisdiction or has authority within any nation, state, municipality, port, or airport. ​ "Carrier" means shipping line/Airline operating the vessel/aircraft to carry the goods/cargo/container/shipment. ​ "Container" includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment. ​ "Charges" means all freight, costs, fees, expenses, commissions, duties, penalties, taxes, surcharges and/or charges payable to the Company in respect of the Services and in accordance with the applicable tariff (if any) and/or these Conditions. ​ “Contract” means the Cover Page, Rate Quotations/Sheets, rates email, freight, charges, fees, expenses, and Service Contract Terms, any terms incorporated by reference, and any appendix hereto as may be amended from time to time. ​ "Company" means the Person/legal entity who contracts to supply the Services. Here it refers to Marss Logistics. ​ "Customer" means any Person for whom the Company agrees to provide or arrange a Service, and includes the shipper, holder, consignee, receiver of the Goods, any Person owning or entitled to the possession of the Goods and anyone acting on behalf of or as principals of such Person. ​ "Marss Group" means Marss Traders India Pvt Ltd and any of its direct or indirect subsidiaries, affiliates, associates, or agents. ​ "Freight" includes all charges payable to the Carrier in accordance with the applicable Tariff and bill of lading. ​ "Freight Forwarder" also known as forwarding agent, is an individual or a company that specializes in organizing transports of goods/shipments and other logistics services from origin to destination for individuals or corporations worldwide. ​ "Goods" means the whole or any part of the cargo and any packaging accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier or freight forwarder. ​ "Cargo" means goods packed for transportation from one place to another. ​ "Information" means data, messages, advice, and/or information (including electronic data) in any form. ​ "Information System" means any computer hardware, computer software, website, portal, communication lines and Information processing technologies operated and/or used by the Company, the Customer or any third party used in connection with the Services (including any system which sends or receives Information, or is otherwise used for Information interchange). ​ "Instructions" means a statement of the specific requirements from the Customer, an Authority and/or any other Person entitled to give them. ​ "Person" includes an individual, corporation, or other legal entity. ​ "Services" means the whole or any part of any physical, management, agency and/or business process services and/or activities of whatsoever nature undertaken by the Company in respect of the Customer and/or in relation to Goods, including but not limited to loading, packing, stuffing, transporting, carriage, unloading, unpacking, de-stuffing, warehousing, storage and any other operations and services of whatsoever nature undertaken by or performed by or on behalf of the Company in relation to the Goods and cargo management services and related documentary, customs and information technology processes. ​ “Shipper” means the party/parties appearing as shipper on any applicable Transport Document or shipping instruction and anyone acting on behalf of such party/parties. ​ "Shipment" is the load or collection of goods for transporting or currently moving or transported from one place to another. ​ "Shipping Services" means providing transporting and logistics services by land, air and sea. ​ "Logistics" means the management and process of transportation of goods from origin to destination. ​ "Merchant" includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of bill of lading and anyone acting on behalf of such Person. ​ "Origin" means the point/place/location from where the cargo/goods/shipment is going to be transported. ​ "Destination" means the point/place/location where the cargo/goods/shipment is going to be delivered. ​ "Subcontractor" includes charterers and operators of vessels (other than the Company), stevedores, terminal and groupage operators, road rail and air transport operators, forwarding agents, warehousemen, and any independent contractors and agents employed by the Company in the performance of the Services and any direct or indirect subcontractors, servants and agents thereof, whether in direct contractual privity or not. ​ "Transport" means carrying goods/cargo/shipment from one place to another. ​ "Transport Unit" means any packing case, pallet, container, flat rack, platform, trailer, transportable tank or other item used for or in connection with the carriage of Goods by land, sea or air. ​ “Transport Document” means Carrier’s bill of lading or sea waybill. ​ "Bill of Lading" is a document issued by a carrier, or its agent, to the shipper as a contract of carriage of goods. It is also a receipt for cargo accepted for transportation, and must be presented for taking delivery at the destination. ​ "Invoice" means a document that lists the services provided, goods, transaction terms and amount du ​ "Vessel" means any water borne craft used in the Carriage under bill of lading which may be a feeder vessel or an ocean vessel. ​ "Dangerous Goods" means goods, which are or may become dangerous, hazardous, noxious (including radioactive materials), inflammable, explosive or which are or may become liable to damage any property or person whatsoever. ​ "Terms & Conditions" means all terms, rights, defenses, provisions, conditions, exceptions, limitations and liberties hereof. In these Conditions: a. Headings of clauses or groups of clauses in these Conditions are for convenience only and do not affect the interpretation of these Conditions. b. Should any clause, or part of a clause, be found to be void or unenforceable, the remainder of these Conditions and the clause shall remain unaffected. c. The singular includes the plural and vice versa (unless the context otherwise requires). d. Any words following the word "including" shall be interpreted without limitation to the generality of the preceding words.

The Merchant warrants that: ​ a. In agreeing to the Terms and Conditions he is, or has the authority to contract on behalf of, the Person owning or entitled to possession of the Goods and the bill of lading. ​ b. The Goods are packed in a manner adequate to withstand the risks of Carriage having regard to their nature and in compliance with all laws, regulations or requirements which may be applicable during the Carriage. ​ c. Neither the receipt, delivery or handling of the Goods nor any payment or other transaction relating to the Goods will expose the Carrier or Marss Logistics or any member of the Marss Logistics or Marss Group, or any of their employees, servants, agents, banks, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, supranational or international governmental organization or other Authority. ​ d. None of the Persons falling with the meaning of Merchant is or is owned or controlled by or is acting on behalf of a person which is included on any list of individuals or entities with whom transactions are currently prohibited or restricted under any sanction, prohibition or restriction imposed by any state, country, supranational or international governmental organization or other Authority, including but not limited to the consolidated list of financial sanctions targets in the United Kingdom or the USA list of Specially Designated Nationals. ​ e. The Goods are not intended to be used in the design, development, or production of nuclear, chemical, or biological weapons. ​ f. The Merchant shall comply with all regulations or requirements of customs, port and other authorities, and shall bear, pay and indemnify Marss Logistics against all duties, taxes, fines, impost, expenses or losses (including, without prejudice to the generality of the foregoing Freight for any additional Carriage undertaken) incurred or suffered by reason thereof, or by reason of any illegal, incorrect, untimely or insufficient declaration, marking, numbering or addressing of the Goods. ​ g. All of the persons coming within the definition of Merchant in clause 1 (Definitions & interpretations) shall be jointly and severally liable to the Carrier and Marss logistics for the due fulfilment of all obligations undertaken by the Merchant in the bill of lading and invoice. ​ h. If Containers supplied by or on behalf of the Carrier are unpacked at the Merchant's premises, the Merchant is responsible for returning the empty Containers, with interiors clean, odor free and in the same condition as received, to the point or place designated by the Carrier, within the time prescribed. Should a Container not be returned in the condition required and/or within the time prescribed in the tariff, the Merchant shall be liable for any detention, loss or expense incurred as a result thereof. ​ i. Containers released into the care of the Merchant for packing, unpacking or any other purpose whatsoever are at the sole risk of the Merchant until redelivered to the Carrier. The Merchant shall indemnify the Carrier for all loss of and/or damage and/or delay to such Containers. Merchants are deemed to be aware of the dimensions and capacity of any Containers released to them.

a. Marss Logistics shall oversee and manage the arrangement of transportation of goods/cargo/shipment from origin to destination "only" as per the services booked by the merchant through Marss Logistics. ​ b. Marss Logistics shall not be responsible and be relieved of liability for any loss, damage, theft, defective packing, delay of goods/cargo/shipment, loss of profit, loss of sales and business, loss of agreements and contracts, loss of anticipated savings, loss of credit, loss of license, loss or damage to reputation or goodwill or any other loss or damage occurred before, during or after transportation or carriage in any case/condition/way/circumstances from origin to destination. ​ c. Marss Logistics shall not be responsible and be relieved of liability for any detention, demurrage or penalty arising at origin or destination due to delay of goods/cargo/shipment at place of receipt, origin port, destination port or place of delivery before, during or after transportation or carriage. ​ d. Marss Logistics shall not be responsible and be relieved of liability for any amendment fee or charges, late documentation charges, late BL fee or charges arising due to amendment requests or delays from the merchant's end. ​

a. Merchant needs to inform and mention in the instructions about the temperature, humidity levels and other conditions as required for the cargo. ​ b. Marss Logistics shall not be responsible and be relieved of liability for any loss or damage due to latent defects, derangement, breakdown, defrosting, stoppage of the refrigerating, ventilating or any other specialized machinery, plant, insulation and/or apparatus of the Container, vessel, conveyance and any other facilities.

No Goods which are or which may become of a dangerous, noxious, hazardous, flammable, or damaging nature (including radioactive material), or which are or may become liable to damage any Persons or property whatsoever, and whether or not so listed in any official or unofficial, international or national code, convention, listing or table shall be tendered to the Carrier for Carriage without previously giving written notice of their nature, character, name, label and classification (if applicable) to Marss Logistics and the Carrier and obtaining his consent in writing prior to the Company's receipt of the Goods and without distinctly marking the Goods and the Container or other covering on the outside so as to indicate the nature and character of any such Goods and so as to comply with any applicable laws, regulations or requirements. If any such Goods are delivered to the Carrier in breach of any of the provisions of this clause, or if in the opinion of the Carrier the Goods are or are liable to become of a dangerous, noxious, hazardous, flammable or damaging nature they may at any time or place be unloaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier's right to Freight and, the Carrier shall be under no liability to make any general average contribution in respect of such Goods and Marss logistics shall not be responsible and under no circumstances be liable in respect of such goods.

The Carrier shall be entitled, but under no obligation, to open and/or scan any Package or Container at any time and to inspect the contents. If it appears at any time that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or the Goods, the Carrier may without notice to the Merchant (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage thereof, and/or to sell or dispose of the Goods and/or to abandon the Carriage and/or to store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under this bill of lading. The Merchant shall indemnify the Carrier and Marss logistics against any reasonable additional expense so incurred. The Carrier in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause. Therefore, Marss Logistics shall not be responsible and under no circumstances be liable for any loss, delay or damage howsoever arising from any action of carrier or lack of action of carrier under this clause. ​

The Merchant warrants to Marss Logistics and the Carrier that the particulars relating to the Goods have been checked by the Shipper on receipt of the bill of lading and that such information and particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful goods, and contain no contraband, drugs, other illegal substances or stowaways, and that the Goods will not cause loss or damage or expense to Marss Logistics, the Carrier, or to any other cargo during the Carriage. ​

a. The Merchant is responsible for the packing and sealing of all shipper-packed Containers and, if a shipper-packed container is delivered by the Carrier with its original seal as affixed by the Shipper intact, the Carrier and Marss Logistics shall not be liable for any shortage of Goods ascertained at delivery. ​ b. The Shipper shall inspect containers before packing them and the use of Containers shall be prima facie evidence of their being sound and suitable for use.

The Merchant shall promptly indemnify Marss Logistics or any member of the Marss Group, their respective employees, servants, agents, insurers or reinsurers against all costs (including the costs of investigating and defending any claims), expenses, claims, losses, liabilities, orders, awards, fines, proceedings and judgements of whatsoever nature howsoever assumed, incurred or suffered as a result of or in connection with any of the following: ​ a. any breach by the Merchant of any of the warranties or obligations undertaken by the Merchant under the bill of lading ​ b. any breach by the Merchant of any of the provisions of clauses mentioned above. ​ c. any other cause whatsoever in connection with the Goods for which the Marss Logistics is not responsible; ​ d. Marss Logistics becoming liable to any other Person (including to a relevant Authority) and/or incurring additional costs by reason of the Marss Logistics carrying out the Merchant's instructions; ​ e. delayed, inaccurate or incomplete verified gross mass information provided by or on behalf of the Merchant.

Rates, charges and surcharges of whatever nature ("Freight") are reflected in the quotation and the applicable tariff, as applicable. ​ a. Full Freight shall be payable based on particulars furnished by or on behalf of the Shipper. ​ b. Full Freight shall be considered completely earned on receipt of the Goods by the Carrier and shall be paid and nonreturnable in any event. ​ c. The Merchant's attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation, additional insurance premium and other contingencies relative to Freight in the applicable tariff. ​ d. All Freight shall be paid without any set-off, counter-claim, deduction or stay of execution at latest before delivery of the Goods. ​ e. If the Merchant fails to pay the Freight when due he shall be liable also for payment of service fee or interest due on any outstanding sum, reasonable attorney fees and expenses incurred in collecting any sums due to the Carrier.

If the Goods are unclaimed at the place of delivery within a reasonable time or whenever in the Carrier's opinion the Goods are likely to deteriorate, decay or become worthless, or incur charges whether for storage or otherwise in excess of their value, the Carrier may at his discretion and without prejudice to any other rights which he may have against the Merchant without notice and without any responsibility attaching to him sell, abandon or otherwise dispose of the Goods at the sole risk and expense of the Merchant and apply any proceeds of sale in reduction of the sums due to the Carrier from the Merchant. Marss Logistics shall not be responsible and under no circumstances be liable for any loss or damage incurred due to this above mentioned condition.

The Shipper or Merchant shall be required to pay Marss Logistics amounts required under the Contract/agreement/rate sheet/rate quotation/email upon receipt of an invoice and before the delivery of the goods/cargo/shipment. The Shipper shall not require any further documentation from the Company prior to payment.

The Shipper is responsible for and warrants its compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, or through which the goods may be carried, including, without limitation the comprehensive economic and trade sanctions of the EU and the USA. To the extent applicable, Shipper warrants that it has obtained all necessary export, re-export, and/or import licenses or permits and Marss Logistics is not required to obtain any special license or permit in connection with the export/import of goods/cargo/shipment of the shipper. The Shipper further warrants that it or any party of the Shipper endorses any Transport Document to is not a party identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or any other list of prohibited or denied parties maintained by the E.U., U.S.A. or any other country as applicable. The Shipper also warrants that the goods are not intended to be used in the design, development or production of nuclear, chemical or biological weapons. Shipper shall indemnify and hold Marss Logistics harmless to the full extent of any loss, damage, cost, expense, or liability to Marss Logistics including lost profits, attorney’s fees and court costs for any failure or alleged failure of Shipper to comply with applicable export and import laws and regulations of any country. Marss logistics shall not be responsible and under no circumstances be liable to Shipper or any other person for any loss or expense arising from Shipper’s failure to comply with applicable laws. ​

Except to the extent required by law, or by request of a competent government entity, agency, court or tribunal thereof, or as otherwise necessary to comply with governmental requirements, the terms and conditions of the Contract may not be disclosed to third parties. The Company may disclose to a third party terms and conditions of the Contract for the purposes of performing the Contract or collecting outstanding charges related hereto, including, but not limited, to ocean freight, demurrage and detention. Disclosure of confidential information by persons formerly employed by the Company, after their employment with the Company, shall not constitute a breach of the Company’s confidentiality obligations above.

Customer means anyone using or taking or buying or dealing with services of Marss Logistics: . The Customer and any Person acting on the Customer's behalf shall give lawful, sufficient, and executable Instructions. The Customer warrants that: a. it is either the owner of the Goods or the authorized agent of the Person owning or entitled to possession and / or control of the Goods; b. it accepts these Conditions not only for itself, but also as authorized agent for and on behalf of any Person owning or entitled to possession and / or control of the Goods; c. the description and particulars of the Goods, including marks, numbers, quantity and weight are full and accurate; d. the Goods are properly and sufficiently packed, marked, labelled, stuffed and stowed in a manner appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods; e. the Goods do not include any of the goods listed by the Government (of the nation/state it is exported/transported) as prohibited or restricted from time to time or any goods prohibited by the law or regulation of any Authority of any country where the Services are provided; f. where a Transport Unit is used to carry the Goods: (i) the Goods are suitable for carriage in a Transport Unit; (ii) the Transport Unit is suitable and free of defects, except where the Transport Unit has been supplied by or on behalf of the carrier Company; and (iii) the Transport Unit is sealed at the commencement of the carriage, except where the carrier Company has agreed to seal the Transport Unit. ​

All Services are provided by the Company as agent 1.Where and to the extent that the Company acts as an agent, it has the express authority of the Customer to: (a) enter into contracts with third parties on the Customer’s behalf as may be necessary or desirable to fulfil the Customer's Instructions, whether such contracts are subject to the trading conditions of such third parties, or otherwise, including any bill of lading issued by such third parties, and the Company will sign such contract for and on behalf of the customer as agent only; and (b) do such acts so as to bind the Customer by such contracts. 2. Where and to the extent that the Company acts as an agent: (a) it acts solely on behalf of the Customer in securing contracts with the third parties referred to in subclause 1(a) above, so that direct contractual relationships are between the Customer and such third parties; and (b) it shall not be liable for the acts and omissions of such third parties.

(a) Where Goods, Transport Units or Vehicles are to be delivered to the Company’s or a Subcontractor’s premises, they are not received by the Company until the person delivering them has reported to the Company’s or Subcontractor’s reception office or area and the Company or Subcontractor has expressly agreed to receive the Goods, Transport Units or Vehicles. (b) The Company or Subcontractor may refuse to receive or unload the Goods, Transport Units or Vehicles at its discretion where it has reasonable cause to do so, including where the Company or Subcontractor is not satisfied that arrangements have been or will be made for the removal of such Goods, Transport Unit or Vehicle.

(a) The Customer shall defend, indemnify and hold harmless the Company Marss Logistics, the Subcontractors and the members of the Marss Group against all liabilities, losses, damages, costs (including the costs of investigating and defending any claims), expenses, awards and fines of whatever nature and howsoever assumed, invoked or suffered arising from or out of: (i) the nature of the Goods, (ii) the Company acting in accordance with the Customer’s Instructions; (iii) any breach of any of the warranties or undertakings given or obligations undertaken by the Customer under these Conditions; (iv) the negligence of the Customer; (v) any duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any Authority in respect of the Goods and/or Transport Unit, and for all liabilities, payments, fines, costs, expenses, loss and damage sustained by the Company Marss Logistics in connection therewith, (vi) any contracts made pursuant to clause 16. (b) (i) The Customer undertakes that no claim shall be made against any Subcontractor, agents, employees or servants of the Company Marss Logistics nor any other member of the Marss Group which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Services and/or the Goods, and if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof including any costs incurred by the Company therefrom. (ii) Without prejudice to the foregoing, all such Subcontractors and all members of the Marss Group, together with all their respective Subcontractors, employees, directors, officers and agents ("Relevant Third Parties") shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into a contract for Services, the Company does so (to the extent of such provisions) not only on its own behalf, but also as agent and trustee for Relevant Third Parties. ​

Information, in whatever form or manner it may be given, is provided by the Company: (a) in good faith, but is not held out to be, nor to be taken as guaranteed, complete, accurate or timely, and no warranty, representation or undertaking whatsoever is given in respect of any Information; (b) for the Customer only, and the Customer shall defend, indemnify and hold harmless the Company for any liability, loss, damage, cost or expense arising out of any other Person relying on such Information. Information Systems and Electronic Data Interchange (a) The Customer and the Company may co-operate in the exchange of Information via their respective Information Systems and may enter into separate written agreements regarding such co-operation. The provision of such separate agreements shall be paramount in so far as such provisions are inconsistent with these Conditions. (b) Unless otherwise expressly agreed in writing, the Company Marss Logistics shall not be liable for any loss, damage, cost or expense arising out of or in connection with the Company: (i) entering or sending incorrect Information (or failing to enter or send Information) to the Customer’s or any third party’s Information Systems; (ii) damaging, corrupting, losing or disclosing Customer’s or any third party’s Information or Information System; or (iii) using the Customer’s or a third party’s Information System that is defective or malfunctioning. (c) Except as set out in these Conditions, the Company shall have no liability whatsoever in respect of any Information System or Information howsoever arising. Any representation, statement, warranty or other undertaking whether made orally or written elsewhere made in respect of any Information System or Information and which is not fully reflected in these Conditions is hereby excluded (including where such representations or statements were made negligently); provided always that this clause shall not exclude or limit any liability or any right which any party may have in respect of precontractual statements made or given fraudulently. All conditions, warranties of other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

1. Unless otherwise stated by the Company Marss Logistics, quotations or indications of Charges given by or on behalf of the Company ("Quotations") are: (a) subject to these Conditions and any specific reservations or conditions contained or referred to in the Quotation; (b) provided for information purposes only and are not binding on the Company unless the Company agrees in writing to perform the Services at the specific rate or amount set forth in the Quotation; (c) subject to the right of withdrawal or revision without notice; and (d) subject to the requirement for publishing and/or filing in accordance with any law, statute, or regulation. ​ 2. (a) The Customer shall pay to the Company Marss Logistics, in cash or as otherwise agreed, all Charges immediately when due, in the currency of the Company’s option, without deduction or deferment on account of any claim, counterclaim or set-off. (b) When the Company Marss Logistics is instructed to collect Charges from any Person other than the Customer, the Customer shall be responsible for the same on receipt of evidence of demand and non payment by such other person when due. (c) Charges are payable based on particulars furnished by the Customer. If such particulars are incorrect, the Customer shall be liable for the correct Charges, and any expenses incurred in connection with such correction, including examining, weighing, measuring or valuing the Goods. (d) On all Charges overdue to the Company Marss Logistics, the Company shall be entitled to fine/interest due on any outstanding sum at the rate advised by the Company, or if no such rate is advised, at the annual rate of 3 (three) per cent above the minimum lending rate set by the national or central bank, as applicable, of the country or territory of the relevant currency for any period after each amount had become overdue, plus reasonable attorney fees and expenses incurred in collecting any sums due. (e) Payment of Charges to any party other than the Company Marss Logistics shall not be deemed payment to the Company, and shall be made at the Customer’s own risk. (f) No credit is granted to the Customer unless expressly agreed in writing by the Company Marss Logistics. Where credit is granted to the Customer under this clause and the credit terms are breached by the Customer, such credit shall immediately be withdrawn.

1. The Customer warrants that: (a) it has complied with all applicable laws, rules and regulations, including the export laws and government regulations of any country to, from, or through which the Goods may be carried; (b) the Goods do not require Marss Logistics to obtain any special license or permit for transportation, exportation, importation or handling of the Goods and, to the extent required by law or regulation, the Customer has obtained all necessary export, re- export, and/or import licenses or permits; (c) neither the receipt, delivery or handling of the Goods nor any payment or other transaction relating to the Goods will expose Marss Logistics or any member of the Marss Group, or any of their employees, servants, agents, banks, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, supranational or international governmental organization or other Authority; (d) neither the Customer nor any Person the Customer trades with in relation to or in connection with the Goods, is or is owned or controlled by or is acting on behalf of a Person which is included on any list of individuals or entities with whom transactions are currently prohibited or restricted under any sanction, prohibition or restriction imposed by any state, country, supranational or international governmental organization or other Authority, including but not limited to the consolidated list of financial sanctions targets in the United Kingdom or the US list of Specially Designated Nationals; (e) the Goods are not intended to be used in the design, development, or production of nuclear, chemical, or biological weapons. 2. The Customer shall promptly provide in writing all information required in order to enable Marss Logistics to: (a) arrange and safely perform the Services for the Customer and (b) comply with all laws, regulations and conditions applicable to the Goods. 3. The Company Marss Logistics or Marss Group assumes no liability to Customer, or any other person, for any loss or expense including, but not limited to, fines and penalties due to Customer's failure to comply with any applicable export/import laws, rules, regulations, licenses or permits.

a. Unless otherwise agreed in writing, the Company Marss Logistics does not undertake that the Goods or any documents shall depart, arrive, or be available on particular dates or take a particular route. b. Instructions relating to the delivery of Goods against payment or surrender of a particular document shall be in writing and subject to the Company's (Marss Logistics) prior written approval. c. The Company Marss Logsitics shall not be obliged to make any declaration for the purposes of any statute, convention or contract as to the nature or value of any Goods or as to any special interest in delivery, unless express written Instructions to that effect have been accepted in writing by the Company Marss Logistics.

(a) The Company Marss Logistics shall not provide any cargo insurance solutions to the Customer unless it agrees to do so in writing, in which case the Company shall not be under any obligation to effect a separate insurance on the Goods but may declare it on any open or general policy. (b) If the Customer requests a separate insurance on the Goods and the Company Marss Logistics agrees in writing to affect such separate insurance this will lead to the formation of a separate contract of insurance between the Customer and insurance underwriters which is subject to the conditions and exceptions incorporated into such policy. Insofar as the Company Marss Logistics agrees to effect such separate insurance, the Company Marss logistics acts solely as agent for the Customer. (c) The Company Marss Logistics is not liable for any acts, omissions, or decisions of the insurance underwriters of any open or general policy or separate contract of insurance whatsoever, and should the insurance underwriters dispute liability to settle a claim for any reason whatsoever, the Customer shall not have any recourse against the Company Marss Logistics. ​

Exclusions of liability (a) the Company Marss Logistics shall not be liable for any loss or damage whatsoever arising from: (i) the act or omission of the Customer or any Person acting on their behalf; (ii) compliance with any Instructions given to the Company; (iii) insufficiency of the packing or labelling of the Goods except where such service has been provided by the Company; (iv) handling, loading, stowage or unloading of the Goods by the Customer or any Person acting on their behalf; (v) inherent vice of the Goods; (vi) riots, civil commotion, strikes, lockouts, stoppage or restraint of labour from whatsoever cause; (vii) act of war or terrorism; (viii) fire, flood or storm; (ix) the breakdown of, accident to, failure or interruption of or reduction in the mains electrical supply to the Company and/or Subcontractor; or (x) any cause, which the Company could not avoid, and the consequences whereof it could not prevent by the exercise of reasonable diligence. (b) Where under this clause (a) above the Company Marss Logistics is not under any liability for loss or damage caused by one or more of the causes, events or occurrences above,. (c) In addition to above conditions, Company Marss Logistics or Marss Group, or their employees, or servants shall not be responsible and be relieved of liability for any loss, damage, theft, defective packing, incorrect or insufficient information by customer, lack of necessary approval/permission from government authorities of concerned state for export/import of customer's goods, delay of goods/cargo/shipment, loss of profit, loss of sales and business, loss of agreements and contracts, loss of anticipated savings, loss of credit, loss of license, loss or damage to reputation or goodwill or any other loss or damage occurred before, during or after transportation or carriage due to any condition in any case/condition/way/circumstances from origin to destination.

1. The Company Marss Logistics shall be entitled but under no obligation, to depart from the Customer’s Instructions in any respect if in the reasonable opinion of the Company there is good reason to do so in the Customer’s interest. 2. The Company Marss Logistics may at any time comply or co- operate with the orders or recommendations given by any Authority (including as to the disposition or surrender of any Goods and/or provision of Information about the Services). The responsibility of the Company Marss Logistics in respect of the Services and/or Goods shall cease on the completion of Services or delivery or other disposition of the Goods in accordance with such orders, recommendations, or co-operation. 3. If at any time, in the opinion of the Company Marss Logistics or any Person whose services the Company makes use of, the performance of the Company’s obligations is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage whatsoever and which cannot be avoided by reasonable endeavors by the Company or such other Person, the Company may at its absolute discretion, (a) treat the performance of its obligations as terminated and place the Goods or any part of them at the Customer’s disposal at any place which the Company Marss Logistics may deem safe and convenient, whereupon the responsibility of the Company in respect of the Goods shall cease, and the Customer shall be responsible for any additional costs to and delivery and storage at such place; or (b) continue or suspend the performance of its contracted obligations, at its own discretion, and the Customer shall be responsible for any additional costs, expenses and/or Charges incurred by the Company in so doing. 4. If the Customer or any Person acting on its behalf does not take delivery of the Goods or any part thereof at the time and place when and where the Company Marss Logistics is entitled to call upon the Customer to take delivery thereof, the Company shall be entitled to store the Goods in the open or under cover at the sole risk and expense of the Customer providing that the Company thereafter takes reasonable steps to bring any such storage to the Customer's attention. Such storage shall constitute delivery of the Goods and the liability of the Company shall wholly cease.

The Shipper may not assign the Contract, including any or all of its rights, obligations or liabilities hereunder, or otherwise permit any other person or entity, directly or indirectly to utilize services, rates, or other terms provided by the Carrier under the Contract, without the prior written consent of the Carrier. The Carrier may assign or novate the Contract, including any or all of its rights and/or liabilities hereunder to any company or other entity within the Maersk Group by giving public notice or in other way informing the Shipper.

1. Credit and Guarantee (a) Always subject to clause 1 (b) below, Customer and its Subsidiaries agree and guarantee jointly and severally to pay all freight, charges, fees and/or costs (“Charges”) due under the Contracts of Logistics and/or Carriage and Services Contracts no later than on the last day of the agreed Credit Period (“Due Date”). (b) Notwithstanding anything else to the contrary under these Credit Terms or elsewhere, the Credit Period granted to the Customer and/or its Subsidiaries stands cancelled, in the event the total of all unpaid invoices exceeds the Credit Limit, the Customer and its Subsidiaries agree and guarantee jointly and severally to pay the amount exceeding the Credit Limit immediately upon notice. The failure to do so may result in stoppage of any services to the Customer and/or its Subsidiaries agreed under the Contracts of Logistics and/or Carriage and Services Contracts. 2. Excluded Charges No credit is granted for any Excluded Charges which are payable per separate payment and invoice terms. 3. Currency Any sum payable to Marss Logistics shall be paid in USD or, at Marss Logistics option notified on the invoice to the Customer, in its equivalent in the currency so provided on the day of payment. 4. Full Payment 1. Payment shall not be effective until the amount of the payment is unconditionally and irrevocably transferred to and at the effective disposal of the Marss Logistics in cleared funds. ​ 2. Each payment shall be made in full without set-off, withholding, abatement, counterclaim or deduction or stay of execution of any kind, unless otherwise permitted by Marss Logistics on a case by case basis. ​ 5. Payment of Invoices Customer and/or its Subsidiaries undertake to pay all Charges prior to or on the Due Date at the latest. In the event that Customer and/or its Subsidiaries do not settle outstanding amounts accordingly, Marss Logistics reserves the right to take any or all of the following actions: a. Withhold original documents including transport documents and/ or cargo until all overdue Charges, including collection and reminder fees and expenses, are settled. b. Suspend or terminate the provision of credit. c. Exercise any applicable right of lien over any cargo and stop providing or arranging services. d. Apply automatically and without prior notice a fixed charge and Interest at the rate indicated above on the outstanding overdue amounts. e. Commence collection proceedings. Any expenses and fees incurred in collecting overdue Charges are to be covered by the Customer. 6. Remittance Advice If settlement of freight and Charges is done via bank transfer or cheques, Customer agrees to forward a separate remittance advice outlining which invoices are included in each payment. This is to facilitate correct registration of the payment and to avoid that Marss Logistics mistakenly considers Charges, which has already been settled, to be overdue. In the absence of Customer’s advice to the contrary, any payment shall be applied to the oldest outstanding invoice(s). 7. Disputed Invoices If the Customer disputes any invoice, in whole or in part, the Marss Logistics must be notified in writing, including by e-mail, along with a justification for the dispute no later than 7 (seven) days after Customer’s receipt of the invoice after which time Customer shall not be entitled to dispute the invoice. Any undisputed part of an invoice must be settled in accordance with these Credit Terms. A disputed part of an invoice is exempted from the standard payment terms until the dispute has been settled. Once the dispute is resolved, payment, as applicable, must be made in accordance with the original Due Date. 8. Subsidiaries and Freight Agents a. If the Customer wants Marss Logistics to extend credit to any of the Customer’s subsidiaries, such Subsidiaries must be listed in the credit agreement between Marss Logistics and the Customer. b. If Customer wishes to appoint a third party to settle any of the Charges on its behalf (a “Freight Agent”), then Customer must obtain Marss Logistics’s prior written consent for the same. To the extent these Credit Terms are applicable to Customer (except the granting of credit) they include and apply to Customer’s Freight Agents after such appointment and acceptance by Marss Logistics. Customer agrees and hereby undertakes to hold harmless and indemnify Marss Logsitics for all Charges in the event of default, claim or non-payment by any Freight Agent. Customer confirms that it has the authority from any such Freight Agent to accept these Credit Terms on its behalf. Any communication with regards to the credit and payment to Freight Agent shall be deemed to be a communication to the Customer. Further, the Customer acknowledges and agrees that (i) Marss Logistics may rely on any instructions from the Freight Agent as if such instructions had been given by the Customer to Marss Logistics, (ii) Marss Logistics shall have no duty to inquire or determine whether the Freight Agent is legally entitled to give any such instruction to Marss Logistics as long as Marss Logistics agrees to the appointment of Freight Agent. 9. Prevailing Party Fees In any arbitration litigation or other proceedings arising out of or related to these Credit Terms, the prevailing party shall be entitled to receive its attorney fees and own reasonable costs and expenses. 10. Term Credit will be provided by Marss Logistics on these Terms until (including) the Expiration Date unless the Customer is advised otherwise by Marss logistics in writing prior to the Expiration Date. Marss Logistics or agents acting on its behalf are entitled at their discretion to terminate the provision of credit at any time, or to extend the Expiration Date at any time by giving written notice, including by e- mail, to the Customer. If the provision of credit by Marss Logsitics terminates before any Contract of Logistics/ and or Carriage and Services Contract has been fully performed, these credit terms shall cease to apply to the Contract of Logistics or carriage and Services Contract concerned and all unpaid Charges shall be payable upon receipt of the invoice. 11. Credit Suspension Without prejudice to the generalities of the provisions mentioned in section 10, in the event of an invoice not being paid within the Credit Period or in the event of the Credit Limit being exceeded, Marss Logistics may choose to suspend the granting of credit in relation to the Customer and/or in relation to any entity from the list of Subsidiaries. Such suspension shall be notified by e-mail or other electronic manner. In the event of such credit suspension, these Credit Terms shall not apply to any Contract of Logistics or Carriage and Services Contract concluded after the suspension has taken effect. 12. Charges Customer recognizes that Marss Logistics has a right under the Terms for Services and may have an obligation at law to collect and receive all Charges due under the Contract of Logistics and/or Carriage and Services Contracts. 13. Information If the financial situation of Customer ‘s or any of his Subsidiaries’ changes materially after any credit has been granted or the Customer ceases to control any of the Subsidiaries, the Customer must promptly inform Marss Logistics or its agents thereof. 14. Assignment The Customer may not without prior written consent of Marss Logistics assign, transfer or part with, in whole or in part, any of its rights, benefits or obligations under the Credit Agreement in any manner (including without limitation by operation of law). Marss Logistics may assign or novate the Credit Agreement, including any or all of its rights and/or liabilities hereunder to any other company or entity which is directly or indirectly owned or controlled by Marss Group/Marss Traders India Pvt Ltd by giving public notice or in any other way informing the Customer. 15. General Without prejudice to Clause 17, these Credit Terms constitute the full and complete understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings and agreements relating to such subjects matter. The contents of these Credit Terms is subject to periodic review and amendments at the discretion of Marss Logistics. 16. Severability If any of the provisions of these Credit Terms are found by any court of competent jurisdiction or other competent authority to be void or unenforceable the remaining provisions of these Credit Terms shall continue in full force and effect. 17. Clause Paramount Save as expressly outlined in these Credit Terms, these Credit Terms are subject to Marss Logistics’s Terms for Services. Except in respect of Due Date as defined in clause 1 in these Credit Terms, and governing law clause (clause 18) in case of any conflict between these Credit Terms and Marss Logistics’s Terms for Services, the latter shall prevail. The rights and remedies available to Marss Logistics under these Credit Terms are cumulative and are in addition to every other right and remedy to which it is entitled under law, equity, and Marss Logistics’s Terms for Service. 18. Governing Law These Credit Terms are subject to the law and jurisdiction of the Contract(s) of Logistics or Carriage and Services Contract to which the grant of credit relates. Notwithstanding the above, Marss Logsitics may further at its option choose that these Credit Terms shall be subject to; (i) the law and jurisdiction of a competent court at Customer’s principal place of business, or that of any of its Subsidiaries; or (ii) the law at Customer’s principal place of business, or that of any of its Subsidiaries and arbitration in accordance with such law.

1. Any mention in this bill of lading of parties to be notified of the arrival of the Goods is solely for information of the Company. Failure to give such notification shall not involve the Company in any liability nor relieve the Merchant of any obligation hereunder. 2. The Merchant shall take delivery of the Goods within the time provided for in the Carrier’s applicable Tariff. If the Merchant fails to do so, the Carrier or company may without notice unpack the Goods if packed in containers and/or store the Goods ashore, afloat, in the open or under cover at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the company in respect of the Goods or that part thereof shall cease and the costs of such storage shall forthwith upon demand be paid by the Merchant to the Company. 3. If the Company is obliged to discharge the Goods into the hands of any customs, port or other authority, such discharge shall constitute due delivery of the Goods to the Merchant under this bill of lading. ​ 4. If the Goods are unclaimed within a reasonable time or whenever in the Carrier’s or company's opinion the Goods are likely to deteriorate, decay or become worthless, or incur charges whether for storage or otherwise in excess of their value, the Carrier and or company may at his discretion and without prejudice to any other rights which he may have against the Merchant, without notice and without any responsibility attaching to him sell, abandon or otherwise dispose of the Goods at the sole risk and expense of the Merchant and apply any proceeds of sale in reduction of the sums due to the Carrier or company by the Merchant. ​ 5. Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause and/or to mitigate any loss or damage thereto shall constitute a waiver by the Merchant to the Carrier or company of any claim whatsoever relating to the Goods or the Carriage and or logistics thereof. ​ 6. Marss Logistics shall not be responsible and under no circumstances be liable for any loss or damage incurred due to these above mentioned condition.

1. The Company may at any time and without notice to the Merchant: (a) use any means of transport or storage whatsoever; (b) transfer the Goods from one conveyance to another including transshipping or carrying the same on a Vessel other than the Vessel named on the booking/bill of lading hereof or by any other means of transport whatsoever and even though transshipment or forwarding of the Goods may not have been contemplated or provided for herein; (c) unpack and remove the Goods which have been packed into a Container and forward them via Container or otherwise; (d) sail without pilots, proceed via any route, (whether or not the nearest or most direct or customary or advertised route) at any speed and proceed to, return to and stay at any port or place whatsoever (including the Port of Loading herein provided) once or more often, and in any order in or out of the route or in a contrary direction to or beyond the port of discharge once or more often; (e) load and unload the Goods at any place or port (whether or not any such port is named on the booking or bill of lading hereof as the Port of Loading or Port of Discharge) and store the Goods at any such port or place; (f) comply with any orders or recommendations given by any government or authority or any Person or body acting purporting to act as or on behalf of such government or authority or having under the terms of the insurance on any conveyance employed by the Company the right to give orders or directions. ​ 2. The liberties set out in clause 1 above may be invoked by the Company for any purpose whatsoever whether or not connected with the logistics of the Goods, including but not limited to loading or unloading other goods, bunkering or embarking or disembarking any person(s), undergoing repairs and/or drydocking, towing or being towed, assisting other vessels, making trial trips and adjusting instruments. Anything done or not done in accordance with clause 1 or any delay arising therefrom shall be deemed to be within the contractual logistics and shall not be a deviation.

If at any time Logistics is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever arising which cannot be avoided by the exercise of reasonable endeavors, (even though the circumstances giving rise to such hindrance, risk, danger, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for logistics) the Company may at his sole discretion and without notice to the Merchant and whether or not the Logistics is commenced either: ​ (a) Carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route to that indicated in this bill of lading or that which is usual for Goods consigned to that Port of Discharge or Place of Delivery. If the Company elects to invoke the terms of this clause 29(a) then, notwithstanding the provisions of clause 28 hereof, he shall be entitled to charge such additional Freight as the Company may determine; or ​ (b) Suspend the logistics of the Goods and store them ashore or afloat under these Terms and Conditions and endeavor to forward them as soon as possible, but the Company makes no representations as to the maximum period of suspension. If the Company elects to invoke the terms of this clause 29(b) then, notwithstanding the provisions of clause 28 hereof, he shall be entitled to charge such additional Freight and costs as the Company may determine; or ​ (c) Abandon the logistics of the Goods and place them at the Merchant’s disposal at any place or port, which the Company may deem safe and convenient, whereupon the responsibility of the Company in respect of such Goods shall cease. The Company shall nevertheless be entitled to full Freight on the Goods received for the logistics, and the Merchant shall pay any additional costs incurred by reason of the abandonment of the Goods. If the Company elects to use an alternative route under clause 29(a) or to suspend the logistics under clause 29(b) this shall not prejudice his right subsequently to abandon the logistics.

The Company shall have a lien on the Goods and any documents relating thereto for all sums payable to the Company under this contract and for general average contributions to whomsoever due. The Company shall also have a lien against the Merchant on the Goods and any document relating thereto for all sums due by the Merchant to the Company under any other contract whether or not related to this contract of logistics or Carriage. The Company may exercise his lien at any time and any place in his sole discretion, whether the contractual Logistics or Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due and for that purpose the Company shall have the right to sell the Goods by public auction or private treaty, without notice to the Merchant. The Company’s lien shall survive delivery of the Goods.

Shipper hereby agrees that a breach of the Contract by Company shall not create any lien or encumbrance on any asset, vessel or other equipment owned, operated, leased or chartered by Company, its affiliates or its contracting parties. Shipper further hereby expressly and irrevocable waives any right it may have in law, equity, admiralty or otherwise to arrest or otherwise detain any such asset, vessel or other equipment.

Any provision hereof which is prohibited or unenforceable in any jurisdiction shall not invalidate or render unenforceable any other provision of this Contract.

These Terms and Conditions shall apply in any action against the Company for any loss or damage whatsoever and howsoever occurring (and, without restricting the generality of the foregoing, including delay, late delivery and/or delivery without surrender of the bill of lading) and whether the action be founded in contract, bailment or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract.

The Company Marss Logistics or Marss may unilaterally amend these Conditions at any time by publishing the amendments on the Company’s website. All contracts concluded by the Company Marss Logistics or Marss and the Customer after such publication shall be subject to the amended Conditions.

The Merchant warrants that in agreeing to the Terms and Conditions hereof he is, or has the authority to contract on behalf of, the Person owning or entitled to possession of the Goods and this bill of lading. The Merchant further warrants and undertakes that no claim or allegation in respect of the Goods shall be made against the Company Marss or Marss Logistics by any Person which imposes or attempts to impose upon the Company any liability whatsoever in connection with the Goods or the logistics and or Carriage of the Goods, whether or not arising out of negligence on the part of the Company or carrier, and if any such claim or allegation should nevertheless be made, to indemnify the company against all consequences thereof.

1. No servant or agent of the Marss Logistics shall have the power to waive or vary any Terms and Conditions unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Company. ​ 2. In the event that anything herein contained is inconsistent with any applicable international convention or national law, which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void.

The Contract as defined in the Marss Logistics's "terms of service" shall be governed by and construed in accordance with Indian law and all disputes arising hereunder shall be determined by the Delhi High Court of Justice in Delhi to the exclusion of the jurisdiction of the courts of another country. Alternatively and at the Marss Logistics or Marss sole option, it may commence proceedings against the Merchant at a competent court of a place of business of the Merchant.

1. The rate information provided is an estimate only and may be subject to change.This is because: (a) Any booking accepted by us are subject to all applicable charges, surcharges, fees, adjustment factors (including local ones), rules, exceptions and exclusions pursuant to the Marss Logistics quotations and carrier's additional charges, terms and conditions which can be provided to you on request. Such Additional Charges and Terms may include, but are not limited to rate increases, terminal handling charges, port fees, overweight charges, documentation fees, customs charges and charges arising out of retention of container and/or vehicles beyond the free time permitted in the Tariffs. From the time of providing you with this rate information and the date that we or carrier take receipt of the full container quantity to be stated in the transport document(s) we also reserve the right to introduce and receive payment of new charges and/or surcharges which are in addition to the charges and/or surcharges contained in this rate estimate. ​ (b) The rate information has been calculated on the current rates, charges, surcharges and applicable exchange rates for the requested services while we will charge you the rates, charges and surcharges and use any exchange rates which are applicable on the date that we or carrier take receipt of the full container quantity to be stated in the transport document(s). This may result in a change in the prices of the quoted applicable rates, charges and surcharges. ​ 2. Additionally, this rate estimate assumes that you will provide your shipping instructions online or via email. If your shipping instructions are submitted in another manner, we reserve the right to charge you additional or different charges to those provided in this rate estimate. ​ 3. Rate information does not apply to: (a) Any cargo being moved pursuant to an US government-related program, which includes but is not limited to US Military, USAID, International Department of Development, US State Department, US Department of Agriculture, US Government Household Goods and US Foreign Military Sales cargo. (b) Project Cargo which is construction, building, manufacturing materials or supplies or any other materials for a named project. (c) Any cargo that must be carried on an US Flagged vessel as required by Cargo Preference Laws. ​ 4. All bookings are subject to our cargo acceptance policies. You must indicate to us whether the cargo requires temperature control or is hazardous. You also warrant to us that you will provide to us all particulars required by us for the transportation of the cargo. This includes, but is not limited to, providing the correct cargo description in compliance with all applicable customs and other laws, 5. Please be aware that this is a booking request only. Acceptance of booking requests is always subject to both space and equipment availability at both the time of receipt by us of your booking request and at the time of receipt of the full container quantity by carrier to be stated in the transport document(s). ​ 6. This booking and carriage are subject to Marss Logistics terms of service and carriers' terms of carriage. These terms, conditions and provisions are available upon request from us or our representatives and are furthermore accessible on the Marss Logistics website. ​ 7. It is a condition of this booking that you agree and accept that you will be deemed a “Merchant” as defined in the Marss logistics Terms of service and as such will be responsible for all the obligations and liabilities of the shipper, whether disclosed or not. Any subsequent nomination of a shipper or other party in relation to the booking shall be subject to our discretionary acceptance. In nominating a shipper or other party in relation to the booking you warrant that you have authority to legally bind the nominated shipper or other party relating to the booking, as applicable, and, should that not be the case, you will assume full liability and shall indemnify us for any and all loss suffered or cost incurred as a consequence of the absence of such authority. ​ 8. Without prejudice to the generality of Marss logistics terms of service, we may substitute the named and/or performing vessel(s) with another vessel or vessels at any time. ​ 9. Arrival, berthing, departure and transit times are estimated and given without guarantee and subject to change without prior notice. ​ 10. All dates/times are given as reasonable estimates only and subject to change without prior notice. ​ 11. Unless otherwise stated in the Booking Confirmation, or a contract executed by each party, or Marss logistics terms of service , no term, condition, or requirement of any booking document or other prior correspondence regarding the subject shipments are accepted by us. Any such terms, conditions, or requirements shall be deemed null and void. 12. These terms and conditions shall not apply to the extent that they are inconsistent with any term in a contract that has been executed by each party.

1. By submitting the Shipping Instructions you warrant that the particulars submitted are adequate and correct.This includes, but is not limited to, providing the correct cargo description in compliance with all applicable customs and other laws. 2. Notwithstanding that you may have previewed a transport document, we reserve the right to request you to submit alternative Shipping Instructions at any time. If you fail to do so within the time requested, we reserve the right to cancel your booking. 3. All bookings are subject to our cargo acceptance policies. You must indicate to us whether the cargo requires temperature control or is hazardous. 4. This booking and logistics are subject to Marss Logistics "Terms of service" and Marss logistics "Booking Terms". These terms, conditions and provisions are available upon request from us or our representatives and are furthermore accessible on the Marss logistics website. ​ 5. It is a condition of submitting your Shipping Instructions that you agree and accept that you will be deemed a “Merchant” as defined in the Marss logistics "Terms of Service" and as such will be responsible for all the obligations and liabilities of the shipper, whether disclosed or not. Any nomination of a shipper or other party in your Shipping Instructions shall be subject to our discretionary acceptance. In nominating a shipper you warrant that you have authority to legally bind the nominated shipper and, should that not be the case, you will assume full liability and shall indemnify us for any and all loss suffered or cost incurred as a consequence of the absence of such authority. ​ 6. Without prejudice to the generality of Marss Logistics "Terms of Service", we may substitute the named and/or performing vessel(s) with another vessel or vessels at any time. ​ 7. Arrival, berthing, departure and transit times are estimated and given without guarantee and subject to change without prior notice. ​ 8. All dates/times are given as reasonable estimates only and subject to change without prior notice.

Please read these Digital Services User Terms carefully before accessing, downloading or using any information, data, text, images, video or audio or any other materials or Digital Services made available by Marss Logistics. By accessing or browsing the Digital Services, you acknowledge that you have read and understood these terms and that you agree to be legally bound by these terms. If you do not agree with these terms, you should cease accessing or using the Digital Services. If you agree to these Digital Services User Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity and its affiliates to these Digital Services User Terms, in which case “User” shall refer to such entity and its affiliates. If you do not have authority or you do not agree with these Digital Services User Terms, you must not access, use or benefit from the Digital Services in any way. 1. Use of Digital Services 1.1. The use of Digital Services is subject to the terms set out below, any additional instructions or terms issued together with the Digital Services at any time, the privacy policy available at www.marsslogistics.com (together the “Digital Services User Terms”). 1.2. The Digital Services User Terms sets out the terms on which Marss logistics provides access to and User may use or access the Digital Services made available by Marss logistics. Any payment for Digital Services, will be agreed between the User and Marss logistics in a separate agreement. 1.3. The Digital Services User Terms shall not affect the terms of any contract of logistics, carriage, supply chain services, terminal services or other service agreements between User and Marss Logistics, however, these Digital Services User Terms will form part of said contracts/agreements to the extent Digital Services is provided by Marss Logistics or accessed by a User. 1.4. Unless otherwise agreed in a separate agreement, Marss logistics may at any time change or update the Digital Services, and anything described in it, without notice to the User. If a modification is unacceptable, User may immediately cease using the Digital Service(s). Furthermore, Marss logistics may in its sole discretion amend these Digital Services User Terms at any time. Latest version of these terms will be available at https://www.marsslogistics.com 2. Definitions 1. “Communication” has the meaning described in clause 4 herein. 2. “Content” means any information, data, text, images, video, audio or any other materials available from Marss Logistics in the Digital Services or generated by User in the Digital Services. 3. “Credentials” means any login details (e.g. username, password, access key etc.) registered for a User either issued by Marss logistics to a User, or created by a User, in order to identify the User’s access to and use of the Digital Services. 4. “Digital Services” means any services or facilities made available to User or received by User either directly from Marss logistics or via a webpage owned by Marss Logistics. 5. “Marss Logistics” or "Marss" means Marss Logistics company and/or any of its direct or indirect subsidiaries, affiliates, associates, joint ventures or agents. 6. “User” means any person accessing Digital Services made available by Marss logistics whether it is on behalf of the person itself or on behalf of a company or a third party. 7. "Digital Sevice Terms" also known as "web user terms" means the terms and conditions listed here. 8. “User Materials” means any information, data or other content or materials posted or uploaded by a User or its actions and activities when using a Digital Service. 3. Authorization to Use the Digital Services 3.1. If required User agrees to access and use the Digital Services only by using valid Credentials. 3.2. User shall observe any term, instruction or agreement with Marss Logitsics in connection with the Digital Services and only access and use the Digital Services and the Content in accordance with the restrictions, conditions and procedures set out in the Digital Services User Terms. 3.3. Subject to full compliance with the Digital Services User Terms, User is hereby granted a limited, term-based, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Digital Services and the Content as-is and only for the purposes reasonably anticipated by Marss Logistics. The User may not: (a) use or permit any other party to use all or any part of the Digital Services or Content or in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (b) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Digital Services any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; or (c) use the Digital Services for the purpose of or as a means to send “flame” or “spam” emails. 3.4. A User may be unable to access or use Digital Services if the User do not meet the minimum security requirements notified by Marss Logistics from time to time or fails to installs, implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements notified by Marss Logistics). However, Marss Logistics does not warrant that the local set-up of the User in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of the Digital Services. The user shall ensure to obtain any consents and/or licenses required by law for such use. 3.5. Misuse in any form, whether intentionally or not, of the Digital Services and/or the Content shall constitute a material breach of the Digital Services User Terms. 4. Communications 4.1. When a User accesses the Digital Services, Marss Logistics may implement an automated check that valid Credentials have been applied. Marss Logistics may treat any valid Communication, instruction or notification in the form received by Marss Logistics from a User (“Communication”) as properly authorized by and legally binding upon the User, even if in fact no such authority was given or if any Communication received by Marss Logistics was fraudulent or conflicts or appears to conflict with other instructions of the User. Marss Logistics shall be under no further obligation to check the authenticity of the Communication or the authority of the User transmitting it. 4.2. Where Marss Logistics have reason to believe that received Communication has not been properly authorized or that any breach of security or of the Digital Services User Terms has occurred, Marss Logistics reserve the right at its sole discretion not to act or to delay acting upon the Communication. 4.3. The User is responsible for the accuracy and completeness of Communications received by Marss and for ensuring that Communications achieve the User’s intended purpose and are transmitted correctly to Marss. Marss is not liable for any delay or loss where the contents of a Communication received are inaccurate, incomplete or where a Communication is not received by Marss. 4.4. If the User for whatever reason requests the cancellation or modification of a Communication which Marss has received, Marss will make reasonable endeavors to comply with the request. However, Marss is not liable for any failure to cancel or modify such a Communication if such a request is received at a time or under circumstances that render it unreasonable to comply with the request. 5. Agency 5.1. If any Communication requires Marss to act for the benefit of the User (or on its behalf) with a third party, the User appoints Marss to do so as its agent. The User shall indemnify and hold Marss harmless against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Marss to compromise or settle a claim), and all legal costs or other expenses, suffered by Marss as a result of, arising out of or otherwise relating to its activities as the User’s agent. 5.2. Where Marss pass on received Communications, information or content to a third party or otherwise act with a third party for the benefit of the User (or on its behalf), Marss is not responsible for: (a) any delay or failure by the third party in processing the Communication, information or content; or (b) the use of or reliance on any Communication, information or content by the third party. 6. Credentials and security 6.1. User is always obliged to keep any Credentials utilized to access the Digital Services secret and confidential and User shall ensure that no third party shall access the Digital Services utilizing Credentials of User. If User suspect that any third party may be making use of User’s Credentials, User shall immediately inform Marss of this fact and provide all reasonable assistance to Marss in relation to any subsequent investigation or other activities undertaken by Marss as a result. 6.2. Marss is not liable for any delay or loss caused by the misuse or misapplication of Credentials. 6.3. The User and the User agree to comply with any reasonable instructions Marss may issue from time to time regarding the Digital Services’s security. The User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its access to and use of the Digital Services, the Content and information stored on the User’s computer systems. The User and Marss shall each take all reasonable precautions to ensure that their communications through the Digital Services and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Marss or the Digital Services. 6.4. Marss shall apply commercially reasonable security measures in relation to the Digital Services. The User confirms that the level of security provided by the proper use of the Credentials is adequate to protect its interests. 6.5. The User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Credentials or any other software, data, tools or facilities made available to them in connection with the Digital Services. 6.6. The User must notify Marss as soon as reasonably possible upon becoming aware of any actual or attempted unauthorized access to the Digital Services or any unauthorized transaction or attempt to execute an unauthorized transaction in connection with the Digital Services or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Digital Services or Credentials. 6.7. The User shall not do anything which may result in compromising the security of the Digital Services, the Content, the Credentials or the systems or security of Marss or any other parties. 7. Intellectual Property Rights 7.1. Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether (partly) registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future including but not limited to any derivative works (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, appearing in the Digital Services and all Content, or otherwise relating to Digital Services and the Services offered by Marss via the Digital Services, vests in Marss or its licensors. 7.2. The User shall procure the waiver of any moral rights in any User Materials. The User hereby irrevocably grants a perpetual, fully paid, irrevocable and worldwide license for Marss and its licensees to use any User Materials for all business purposes, including without limitation copying, amending, incorporating in other materials, publishing, sub-licensing, reselling, creating derivative works or otherwise and provide such to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world. The User agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause. 7.3. Marss does not warrant or represent that the User’s use of the Digital Services or the Content will not infringe rights of third parties. 8. Exclusion of Warranties 8.1. The Digital Services are made available as-is with no warranties as to its availability or fitness for purpose. Marss will use reasonable commercial efforts to make the Digital Services available to the User and to ensure that the Digital Services operate in substantial conformity with their descriptions. 8.2. Marss does not warrant that the Content is accurate, sufficient, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy the User of the accuracy and completeness of any Content before relying on it. Marss makes no warranty that access to the Digital Services will be uninterrupted or error-free. Access to the Digital Services may be suspended or withdrawn to or from Users temporarily or permanently at any time and without prior notice. Marss may also impose restrictions on the length and manner of usage of any part of the Digital Services for any reason. 8.3. Quotations issued by Marss for freight charges, fees or any other charges in the Digital Services, are for informational purposes only and are subject to change without notice, for instance for ad hoc charges and exchange rate fluctuations until confirmation has been issued by Marss in writing. 8.4. The User are responsible for the accuracy and completeness of any User Materials. The User shall ensure that the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. 8.5. Except as set out in the Digital Services User Terms or separate agreement, Marss shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the Digital Services or any Content. 9. Hyperlink to and from Digital Services 9.1. The Digital Services may contain certain links or references to websites operated by third parties or incorporate third-party services. Marss makes no warranties or representations whatsoever regarding any third-party website or services which the User may access through the Digital Services or which the User may use or access to enable access to or use of this Digital Services and any Content. Any such website or services is wholly separate and independent from the Digital Services and Marss does not have any control over the content or operation of such. 10. Liability 10.1. Marss shall not be liable for damages, including from viruses, malware, Trojan horses, time bombs, worms or any other harmful software that may affect, any equipment, hardware, mobile device, software, data or other property as a result of Users download, installation, access to or use of the Digital Services. Marss will further not be liable for the actions of third parties. 10.2. The total liability of Marss towards the User, howsoever arising out of or in connection with the Digital Services User Terms and/or the Digital Services or the Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 100 (United States Dollars one hundred). 10.3. The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 10.2 are brought against Marss. 10.4. The User shall indemnify and hold harmless Marss against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by Marss arising out of any actual or potential breach by the User of any duties or obligations (including negligence) owed by the User to relating to the Digital Services User Terms, the Digital Services, User Materials or Content. 10.5. Except as set out in these Digital Services User Terms, Marss shall have no liability whatsoever in respect of Credentials, the Digital Services or the Content howsoever arising (including, without limitation, under any implied warranty, condition or term). Furthermore, Marss will not be liable for the accuracy of any data made available in the tool or the Users use of the data made available. 11. Indemnity User agrees that the use of the Digital Services is solely under User’s control and subject to the compliance with these Digital Services User Terms. User agrees to indemnify and hold harmless Marss Logistics or Marss and its employees, directors, officers and consultants from any and all claims, damages, liabilities, costs and fees (including all legal costs or other expenses, suffered by Marss as a result of any actual or potential breach) arising from the use of the Digital Services or from the use of the Digital Services by any third party making use of Users Credentials. 12. Termination and suspension 12.1 Marss may terminate all or part of any User’s access to or use of the Digital Services, the Content and/or Credentials, immediately if User is in breach of these terms or upon 7 days written notice. 12.2. Marss may suspend some or all access to or use of the Digital Services, the Content, User Materials or Credentials for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason where Marss reasonably considers it necessary to do so. In the event of such a suspension, Marss will, where reasonably practicable, use reasonable efforts to give notice of the suspension via the Digital Services beforehand. 12.3. Termination of these Digital Services User Terms will not affect the rights and remedies of the parties accrued prior to termination, nor affect any provision intended to continue after termination. 13. Miscellaneous 13.1. If a conflict arises between (a) these Digital Services User Terms and the Privacy Policy referred to in clause 1.1, the Privacy Policy shall prevail to the extent of conflict; and (b) these Digital Services User Terms and any other terms relevant for a given Digital Service and those other terms relevant for a given Digital Service shall prevail to the extent of conflict. 13.2. Use of Credentials, the Digital Services, or the Content may be subject to certain legal or regulatory requirements in some jurisdictions. The User may only access or use the Credentials, Digital Services, or Content to the extent such access or use is permitted in the jurisdiction where accessed or used. 13.3. The User may not assign, part with or otherwise transfer any right or benefit under any provision in the Digital Services User Terms without Marss Logistics’s prior written consent. 13.4. Marss will not be liable for any force majeure events including loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the Digital Services caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything else beyond its reasonable control. 13.5. The Digital Services User Terms supersedes all previous agreements, communications, representations and discussions between the parties relating to the Digital Services. Save as expressly stated, no party will have a right of action against Marss arising from any previous agreement, communication, representation and discussion in respect of the Digital Services and it is acknowledged by the User that it has not relied on any terms, warranties, representations or conditions other than those expressly stated in the Digital Services User Terms. No modification or waiver shall be binding on Marss unless it is in writing and agreed by an authorized representative of Marss. 13.6. References in the Digital Services User Terms to “in writing” or “written” include communication by email or other electronic form. References in the Digital Services User Terms to the singular include the plural and vice versa. 13.7. Each of the provisions of the Digital Services User Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way. 13.8 The rights of Marss under the Digital Services User Terms may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right. 13.9. Marss may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the Digital Services or the Content. 13.10. Marss’s affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the Digital Services User Terms. In entering into the Digital Services User Terms, Marss does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons. 13.11. To the extent that clause 13.10 is not effective to give such benefit to any Relevant Third Party, it may enforce such provisions in its own name pursuant to the Contracts. The Digital Services User Terms may be varied or rescinded, by agreement or in accordance with its terms, without the consent of any Relevant Third Party. 13.12. Marss may process, for the purpose of providing the Digital Services, any personal information it receives from the User in connection with the use of the Digital Services. Such processing may take place in countries outside the European Economic Area. The User warrant that processing of such information by Marss in accordance with the Digital Services User Terms will not put Marss in breach of any applicable law or of the Digital Services User Terms. 14. Law and Jurisdiction 14.1. The parties agree that the Digital Services User Terms shall be governed by and construed in accordance with Indian law and shall be subject to the exclusive jurisdiction of the High Court of Justice in Delhi.

Please read these Digital Services User Terms or web user terms carefully before accessing, downloading or using any information, data, text, images, video or audio or any other materials or Digital Services made available by Marss Logistics. By accessing or browsing the Digital Services, you acknowledge that you have read and understood these terms and that you agree to be legally bound by these terms. If you do not agree with these terms, you should cease accessing or using the Digital Services. If you agree to these Digital Services User Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity and its affiliates to these Digital Services User Terms, in which case “User” shall refer to such entity and its affiliates. If you do not have authority or you do not agree with these Digital Services User Terms, you must not access, use or benefit from the Digital Services in any way. 1. Use of Digital Services 1.1. The use of Digital Services is subject to the terms set out below, any additional instructions or terms issued together with the Digital Services at any time, the privacy policy available at www.marsslogistics.com (together the “Digital Services User Terms”). 1.2. The Digital Services User Terms sets out the terms on which Marss logistics provides access to and User may use or access the Digital Services made available by Marss logistics. Any payment for Digital Services, will be agreed between the User and Marss logistics in a separate agreement. 1.3. The Digital Services User Terms shall not affect the terms of any contract of logistics, carriage, supply chain services, terminal services or other service agreements between User and Marss Logistics, however, these Digital Services User Terms will form part of said contracts/agreements to the extent Digital Services is provided by Marss Logistics or accessed by a User. 1.4. Unless otherwise agreed in a separate agreement, Marss logistics may at any time change or update the Digital Services, and anything described in it, without notice to the User. If a modification is unacceptable, User may immediately cease using the Digital Service(s). Furthermore, Marss logistics may in its sole discretion amend these Digital Services User Terms at any time. Latest version of these terms will be available at https://www.marsslogistics.com 2. Definitions 1. “Communication” has the meaning described in clause 4 herein. 2. “Content” means any information, data, text, images, video, audio or any other materials available from Marss Logistics in the Digital Services or generated by User in the Digital Services. 3. “Credentials” means any login details (e.g. username, password, access key etc.) registered for a User either issued by Marss logistics to a User, or created by a User, in order to identify the User’s access to and use of the Digital Services. 4. “Digital Services” means any services or facilities made available to User or received by User either directly from Marss logistics or via a webpage owned by Marss Logistics. 5. “Marss Logistics” or "Marss" means Marss Logistics company and/or any of its direct or indirect subsidiaries, affiliates, associates, joint ventures or agents. 6. “User” means any person accessing Digital Services made available by Marss logistics whether it is on behalf of the person itself or on behalf of a company or a third party. 7. "Digital Sevice Terms" also known as "web user terms" means the terms and conditions listed here. 8. “User Materials” means any information, data or other content or materials posted or uploaded by a User or its actions and activities when using a Digital Service. 3. Authorization to Use the Digital Services 3.1. If required User agrees to access and use the Digital Services only by using valid Credentials. 3.2. User shall observe any term, instruction or agreement with Marss Logitsics in connection with the Digital Services and only access and use the Digital Services and the Content in accordance with the restrictions, conditions and procedures set out in the Digital Services User Terms. 3.3. Subject to full compliance with the Digital Services User Terms, User is hereby granted a limited, term-based, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Digital Services and the Content as-is and only for the purposes reasonably anticipated by Marss Logistics. The User may not: (a) use or permit any other party to use all or any part of the Digital Services or Content or in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (b) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the Digital Services any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; or (c) use the Digital Services for the purpose of or as a means to send “flame” or “spam” emails. 3.4. A User may be unable to access or use Digital Services if the User do not meet the minimum security requirements notified by Marss Logistics from time to time or fails to installs, implements and maintains appropriate communication facilities (including software and hardware meeting the minimum requirements notified by Marss Logistics). However, Marss Logistics does not warrant that the local set-up of the User in accordance with such minimum requirements will ensure access to, full functionality of or effective operation of the Digital Services. The user shall ensure to obtain any consents and/or licenses required by law for such use. 3.5. Misuse in any form, whether intentionally or not, of the Digital Services and/or the Content shall constitute a material breach of the Digital Services User Terms. 4. Communications 4.1. When a User accesses the Digital Services, Marss Logistics may implement an automated check that valid Credentials have been applied. Marss Logistics may treat any valid Communication, instruction or notification in the form received by Marss Logistics from a User (“Communication”) as properly authorized by and legally binding upon the User, even if in fact no such authority was given or if any Communication received by Marss Logistics was fraudulent or conflicts or appears to conflict with other instructions of the User. Marss Logistics shall be under no further obligation to check the authenticity of the Communication or the authority of the User transmitting it. 4.2. Where Marss Logistics have reason to believe that received Communication has not been properly authorized or that any breach of security or of the Digital Services User Terms has occurred, Marss Logistics reserve the right at its sole discretion not to act or to delay acting upon the Communication. 4.3. The User is responsible for the accuracy and completeness of Communications received by Marss and for ensuring that Communications achieve the User’s intended purpose and are transmitted correctly to Marss. Marss is not liable for any delay or loss where the contents of a Communication received are inaccurate, incomplete or where a Communication is not received by Marss. 4.4. If the User for whatever reason requests the cancellation or modification of a Communication which Marss has received, Marss will make reasonable endeavors to comply with the request. However, Marss is not liable for any failure to cancel or modify such a Communication if such a request is received at a time or under circumstances that render it unreasonable to comply with the request. 5. Agency 5.1. If any Communication requires Marss to act for the benefit of the User (or on its behalf) with a third party, the User appoints Marss to do so as its agent. The User shall indemnify and hold Marss harmless against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Marss to compromise or settle a claim), and all legal costs or other expenses, suffered by Marss as a result of, arising out of or otherwise relating to its activities as the User’s agent. 5.2. Where Marss pass on received Communications, information or content to a third party or otherwise act with a third party for the benefit of the User (or on its behalf), Marss is not responsible for: (a) any delay or failure by the third party in processing the Communication, information or content; or (b) the use of or reliance on any Communication, information or content by the third party. 6. Credentials and security 6.1. User is always obliged to keep any Credentials utilized to access the Digital Services secret and confidential and User shall ensure that no third party shall access the Digital Services utilizing Credentials of User. If User suspect that any third party may be making use of User’s Credentials, User shall immediately inform Marss of this fact and provide all reasonable assistance to Marss in relation to any subsequent investigation or other activities undertaken by Marss as a result. 6.2. Marss is not liable for any delay or loss caused by the misuse or misapplication of Credentials. 6.3. The User and the User agree to comply with any reasonable instructions Marss may issue from time to time regarding the Digital Services’s security. The User agrees that it shall implement, maintain and keep current appropriate security arrangements concerning its access to and use of the Digital Services, the Content and information stored on the User’s computer systems. The User and Marss shall each take all reasonable precautions to ensure that their communications through the Digital Services and their own systems are not affected by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via Marss or the Digital Services. 6.4. Marss shall apply commercially reasonable security measures in relation to the Digital Services. The User confirms that the level of security provided by the proper use of the Credentials is adequate to protect its interests. 6.5. The User must not reverse engineer, decompile or otherwise interfere with or publish or make available to any third party the Credentials or any other software, data, tools or facilities made available to them in connection with the Digital Services. 6.6. The User must notify Marss as soon as reasonably possible upon becoming aware of any actual or attempted unauthorized access to the Digital Services or any unauthorized transaction or attempt to execute an unauthorized transaction in connection with the Digital Services or any other circumstance that might be reasonably likely to result in any prejudice to the security of the Digital Services or Credentials. 6.7. The User shall not do anything which may result in compromising the security of the Digital Services, the Content, the Credentials or the systems or security of Marss or any other parties. 7. Intellectual Property Rights 7.1. Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether (partly) registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future including but not limited to any derivative works (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, appearing in the Digital Services and all Content, or otherwise relating to Digital Services and the Services offered by Marss via the Digital Services, vests in Marss or its licensors. 7.2. The User shall procure the waiver of any moral rights in any User Materials. The User hereby irrevocably grants a perpetual, fully paid, irrevocable and worldwide license for Marss and its licensees to use any User Materials for all business purposes, including without limitation copying, amending, incorporating in other materials, publishing, sub-licensing, reselling, creating derivative works or otherwise and provide such to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world. The User agree to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause. 7.3. Marss does not warrant or represent that the User’s use of the Digital Services or the Content will not infringe rights of third parties. 8. Exclusion of Warranties 8.1. The Digital Services are made available as-is with no warranties as to its availability or fitness for purpose. Marss will use reasonable commercial efforts to make the Digital Services available to the User and to ensure that the Digital Services operate in substantial conformity with their descriptions. 8.2. Marss does not warrant that the Content is accurate, sufficient, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy the User of the accuracy and completeness of any Content before relying on it. Marss makes no warranty that access to the Digital Services will be uninterrupted or error-free. Access to the Digital Services may be suspended or withdrawn to or from Users temporarily or permanently at any time and without prior notice. Marss may also impose restrictions on the length and manner of usage of any part of the Digital Services for any reason. 8.3. Quotations issued by Marss for freight charges, fees or any other charges in the Digital Services, are for informational purposes only and are subject to change without notice, for instance for ad hoc charges and exchange rate fluctuations until confirmation has been issued by Marss in writing. 8.4. The User are responsible for the accuracy and completeness of any User Materials. The User shall ensure that the User Materials do not infringe any Intellectual Property Rights or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. 8.5. Except as set out in the Digital Services User Terms or separate agreement, Marss shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the Digital Services or any Content. 9. Hyperlink to and from Digital Services 9.1. The Digital Services may contain certain links or references to websites operated by third parties or incorporate third-party services. Marss makes no warranties or representations whatsoever regarding any third-party website or services which the User may access through the Digital Services or which the User may use or access to enable access to or use of this Digital Services and any Content. Any such website or services is wholly separate and independent from the Digital Services and Marss does not have any control over the content or operation of such. 10. Liability 10.1. Marss shall not be liable for damages, including from viruses, malware, Trojan horses, time bombs, worms or any other harmful software that may affect, any equipment, hardware, mobile device, software, data or other property as a result of Users download, installation, access to or use of the Digital Services. Marss will further not be liable for the actions of third parties. 10.2. The total liability of Marss towards the User, howsoever arising out of or in connection with the Digital Services User Terms and/or the Digital Services or the Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 100 (United States Dollars one hundred). 10.3. The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 10.2 are brought against Marss. 10.4. The User shall indemnify and hold harmless Marss against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by them to compromise or settle a claim), and all legal costs or other expenses, suffered by Marss arising out of any actual or potential breach by the User of any duties or obligations (including negligence) owed by the User to relating to the Digital Services User Terms, the Digital Services, User Materials or Content. 10.5. Except as set out in these Digital Services User Terms, Marss shall have no liability whatsoever in respect of Credentials, the Digital Services or the Content howsoever arising (including, without limitation, under any implied warranty, condition or term). Furthermore, Marss will not be liable for the accuracy of any data made available in the tool or the Users use of the data made available. 11. Indemnity User agrees that the use of the Digital Services is solely under User’s control and subject to the compliance with these Digital Services User Terms. User agrees to indemnify and hold harmless Marss Logistics or Marss and its employees, directors, officers and consultants from any and all claims, damages, liabilities, costs and fees (including all legal costs or other expenses, suffered by Marss as a result of any actual or potential breach) arising from the use of the Digital Services or from the use of the Digital Services by any third party making use of Users Credentials. 12. Termination and suspension 12.1 Marss may terminate all or part of any User’s access to or use of the Digital Services, the Content and/or Credentials, immediately if User is in breach of these terms or upon 7 days written notice. 12.2. Marss may suspend some or all access to or use of the Digital Services, the Content, User Materials or Credentials for scheduled or unscheduled routine, non-routine or emergency maintenance or for any other reason where Marss reasonably considers it necessary to do so. In the event of such a suspension, Marss will, where reasonably practicable, use reasonable efforts to give notice of the suspension via the Digital Services beforehand. 12.3. Termination of these Digital Services User Terms will not affect the rights and remedies of the parties accrued prior to termination, nor affect any provision intended to continue after termination. 13. Miscellaneous 13.1. If a conflict arises between (a) these Digital Services User Terms and the Privacy Policy referred to in clause 1.1, the Privacy Policy shall prevail to the extent of conflict; and (b) these Digital Services User Terms and any other terms relevant for a given Digital Service and those other terms relevant for a given Digital Service shall prevail to the extent of conflict. 13.2. Use of Credentials, the Digital Services, or the Content may be subject to certain legal or regulatory requirements in some jurisdictions. The User may only access or use the Credentials, Digital Services, or Content to the extent such access or use is permitted in the jurisdiction where accessed or used. 13.3. The User may not assign, part with or otherwise transfer any right or benefit under any provision in the Digital Services User Terms without Marss Logistics’s prior written consent. 13.4. Marss will not be liable for any force majeure events including loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the Digital Services caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything else beyond its reasonable control. 13.5. The Digital Services User Terms supersedes all previous agreements, communications, representations and discussions between the parties relating to the Digital Services. Save as expressly stated, no party will have a right of action against Marss arising from any previous agreement, communication, representation and discussion in respect of the Digital Services and it is acknowledged by the User that it has not relied on any terms, warranties, representations or conditions other than those expressly stated in the Digital Services User Terms. No modification or waiver shall be binding on Marss unless it is in writing and agreed by an authorized representative of Marss. 13.6. References in the Digital Services User Terms to “in writing” or “written” include communication by email or other electronic form. References in the Digital Services User Terms to the singular include the plural and vice versa. 13.7. Each of the provisions of the Digital Services User Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way. 13.8 The rights of Marss under the Digital Services User Terms may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right. 13.9. Marss may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the Digital Services or the Content. 13.10. Marss’s affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the Digital Services User Terms. In entering into the Digital Services User Terms, Marss does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons. 13.11. To the extent that clause 13.10 is not effective to give such benefit to any Relevant Third Party, it may enforce such provisions in its own name pursuant to the Contracts. The Digital Services User Terms may be varied or rescinded, by agreement or in accordance with its terms, without the consent of any Relevant Third Party. 13.12. Marss may process, for the purpose of providing the Digital Services, any personal information it receives from the User in connection with the use of the Digital Services. Such processing may take place in countries outside the European Economic Area. The User warrant that processing of such information by Marss in accordance with the Digital Services User Terms will not put Marss in breach of any applicable law or of the Digital Services User Terms. 14. Law and Jurisdiction 14.1. The parties agree that the Digital Services User Terms shall be governed by and construed in accordance with Indian law and shall be subject to the exclusive jurisdiction of the High Court of Justice in Delhi.

MARSS GLOBAL DATA PRIVACY POLICY This Privacy Policy is effective as of July 1st, 2021. This Privacy Policy explains how Marss Logistics and its affiliated companies (“Marss”, “we”, “our”) process personal data about you on our websites, mobile applications, or other sites that display this Privacy Policy. This Privacy Statement will also apply to information gathered from you visiting our facilities. Specific provisions In specific situations other provisions apply or supplement this Privacy Policy: 1. when applying for a job with Marss only the Privacy Policy for Recruitment applies; 2. when using our websites the Policy on Cookies supplements the Privacy Policy; Protecting your personal data ​ With offices and operations throughout the world, personal data will be transferred or be accessible internationally throughout Marss's global business. Any such transfers throughout Marss’s global business take´s place in accordance with the applicable data privacy laws. ​ Types of personal data that we process, purpose and the legal basis: ​ Consumers Marss rarely process personal data about consumers, but If you are a consumer to customers of Marss, we might process personal data about you in order to deliver logistic services to our customer, e.g. shipping services, transportation, custom clearance services, document and parcel freight etc., where we process: 1. Contact information (e.g. name, address, e-mail and phone number) 2. Delivery information Marss customers (excluding consumers) If you are a customer to Marss, we process personal data about you in order to fulfil the agreement between the parties, e.g. the administration of the agreement, payment, delivery of goods and services etc., where we process: 1. Business contact information (e.g. name, address, e-mail and phone number) 2. Job title Marss is also legally required to document the personal data in financial transactions when fulfilling our agreement, e.g. when paying or receiving payment for delivery of goods and services etc. Supplier to Marss If you are a supplier to Marss, we process personal data about you in order to fulfil the agreement between the parties, e.g. the administration of the agreement, payment, delivery of goods and services etc. where we process: 1. Business contact information (e.g. name, address, e-mail and phone number) 2. Job title 3. Banking Information Marss is also legally required to document the personal data in financial transactions when fulfilling our agreement, e.g. when paying or receiving payment for delivery of goods and services etc. Consultants to Marss If you are a consultant to Marss, we process personal data about you in order to fulfil the agreement between the parties, e.g. the administration of the agreement, payment and services etc., where we process: 1. Business contact information (e.g. name, address, e-mail and phone number) 2. Professional CV and job title 3. Date of birth and other personal information as relevant 4. Banking Information 5. Information relating to the consultancy tasks Marss is also legally required to document the personal data in financial transactions when fulfilling our agreement, e.g. when paying for delivery of consultancy services etc. ​ Guests at our facilities If you visit our facilities, we process personal data about you in order to identify you and to inform you about applicable visitor rules, where our legitimate interest in correctly identifying you and providing you with visitor instructions overrides your interest in the information not being processed, where we process: 1. Contact information (e.g. name, address, e-mail and phone number) 2. Other visitor information Business administration If you contact us we process personal data about you in order to document quality and compliance (for instance in relation to statutes of limitations, security, litigation, or regulatory investigations) where our legitimate interest in improving our legal position overrides your interest in the information not being processed, where we process: 1. Contact information (e.g. name, address, e-mail and phone number) 2. Other applicable information When you are marketed to: If you sign up for one of our newsletters, you consent to us sending you our newsletters, where we process: 1. Contact information (e.g. name, address, e-mail and phone number) 2. Content and your choices in relation to newsletters – contact forms and content etc The marketing in newsletters and on our websites, including social media, is adapted to your personal preferences based on our knowledge of you through profiling, where we process: 1. Content of newsletters signed up to 2. Stated areas of interest 3. Cookies as laid out in our Cookie Policy 4. Information from your social media profiles 5. Information from our customer databases Our legitimate interest in doing an automatic evaluation of your personal data in order to personalize the marketing presented to you overrides your interests and fundamental rights. We do not use automated decisions that have a legal effect or similarly significantly affect you. Understanding our customers, consumers and suppliers We also make analyses in order to optimize our products, marketing, website, sales and to know more about our customers' preferences in relation to Marss's products and maintaining a CRM database. We do this by making analyses of our databases with information about e.g. website use, customer preferences, purchase history, sales and by sending questionnaires where our legitimate interest in processing the personal data overrides your interest in the data not being processed, where we process: 1. Information from our customer databases 2. Cookies as laid out in our Cookie Policy 3. User behavior and logs from our websites and databases 4. The answers you provide regarding suggestions and preferences in the questionnaire Compliance and security operations for all data subjects We monitor user behavior and have implemented security solutions on our website as well as in our solutions and on our premises, where our legitimate interest in anti-corruption, anti-fraud, anti-bribery, technical and physical security overrides your interest in the information not being processed, where we process: 1. Contact information (e.g. name, address, e-mail and phone number) 2. Cookies as laid out in our Cookie Policy 3. User behavior and logs 4. Images captured by video surveillance in marked areas at Marss premises Transfer and protection of your personal data As a global organization with offices and operations throughout the world, we will transfer Personal Data collected by us on an aggregated or individual level to various divisions, subsidiaries, joint ventures and affiliated companies of Marss around the world located inside or outside the European Economic Area for the purposes stated above and in accordance with applicable laws, as well as to sub-contractors to Marss (data processors) for storage and service purposes. Your Personal Data will not be disclosed to anyone outside Marss unless permitted or required under applicable legislation and where necessary subject to appropriate written assurances from third parties who have access to your personal data, in which they must guarantee that they will protect the data with security measures designed to provide an adequate level of protection. ​ Unless you are otherwise notified, any transfers of your Personal Data from within the EEA to third parties outside the EEA will be based on an adequacy decision or are governed by Standard Contractual Clauses and/or Binding Corporate Rules. Any other, non-EEA originating, international transfers of your Personal Data, will take place in accordance with the appropriate international data transfer mechanisms and safeguards. ​ ​Automated decisions Marss uses automated decision-making in processing your personal data for some services and products. An example is our fraud prevention and detection efforts on our online platforms. ​ We may reject any request, as permitted by applicable law, including providing the information that would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime. ​ Security measures. We choose to use suppliers that implement security in accordance with industry practices for good IT security, and we only use encrypted data communications when transferring sensitive and confidential personal data. We also maintain organizational, physical and technical security arrangements for all the personal data we hold. We have protocols, controls and relevant policies, procedures and guidance to maintain these arrangements taking into account the risks associated with the categories of personal data and the processing we undertake. We store personal data on servers with limited access located in secured facilities, and our security measures are evaluated on an ongoing basis. The servers are protected by anti-virus software and firewalls, among other measures. ​ Personal Data retention Marss stores your personal data for as long as it is necessary to fulfil the purpose of the processing, unless Marss is obliged under applicable law or is entitled to store the personal data for a longer period, more specifically: We retain your personal data as long as we have an ongoing relationship with you (in particular, if you have an account with us or have not withdrawn your marketing consent). We will only keep the personal data while your account is active or for as long as needed to provide services to you. We retain your personal data for as long as needed in order to comply with our global legal and contractual obligations. We will also retain your Personal Data where this is advisable to safeguard or improve our legal position (for instance in relation to statutes of limitations, security, litigation, or regulatory investigations). Data Subjects rights You are entitled, in the circumstances and under the conditions, and subject to the exceptions, set out in applicable law, to: 1. Request access to the personal data we process about you: You have the right to ask us for information about or access to your personal data. There are some exemptions, which means you may not always receive all the data we process. 2. Request rectification of your personal data: this right entitles you to have your personal data be corrected if it is inaccurate or incomplete. 3. Object to the processing of your personal data: this right entitles you to request that we no longer process your Personal Data. However, it only applies in certain circumstances, and we may not need to stop the processing of your personal data if we can give legitimate reasons to continue using your personal data. 4. Request the erasure of your personal data: this right entitles you to request the erasure of your personal data in certain circumstances. 5. Request the restriction of the processing of your personal data: this right entitles you to request that we only process your personal data in limited circumstances, including with your consent. 6. Request portability of your personal data: this right entitles you to receive a copy (in a structured, commonly used and machine-readable format) of personal data that you have provided to us, or request us to transmit such personal data to another data controller. 7. Withdraw your consent: You can withdraw your consent at any time by opting out in the e-mail or contacting us. However this will not affect our right to process personal data obtained prior to the withdrawal of your consent, or our right to continue parts of the processing based on other legal bases than your consent. Please note that certain personal data may be exempt from the above-mentioned rights pursuant to applicable data privacy or other laws and regulations.

The below list outlines if Freight Collect and Prepaid Freight is accepted in a particular country. If a country is not listed, then Freight Collect and Prepaid Freight is accepted. For countries listed with “CASE BY CASE”, please contact the carrier's office for details. COUNTRIES WHERE FREIGHT COLLECT "NOT ACCEPTED" : Antigua Congo DRC Grenada Kirribati Liberia Libya Marshall Island Micronesia Nauru Niger Nigeria Niue Palau Sierra Leone South Sudan St. Marteen St. Vincent Tanzania Tokelau Tuvalu Uganda Zambia COUNTRIES WHERE FREIGHT COLLECT "ACCEPTED CASE BY CASE" : Algeria Aruba Bahamas Barbados Belize Costa Rica Cuba Curacao El Salvador Gabon Ghana Guatemala Guayana Guinea Haiti Honduras Iran Ivory Coast Jamaica Madagascar Malawi Nicaragua St. Lucia Surianame Tunis Venezuela AMONG ABOVE LISTED COUNTRIES WHERE PREPAID FREIGHT IS ACCEPTED : Algeria Antigua Aruba Bahamas Barbados Belize Congo Costa Rica Cuba Curacao El Salvador Gabon Ghana Grenada Guatemala Guayana Haiti Honduras Iran Ivory Coast Jamaica Kirribati Liberia Libya Madagascar Malawi Marshall Island Micronesia Nauru Nicaragua Niger Nigeria Niue Palau Sierra Leone South Sudan St. Lucia St. Marteen St. Vincent Surianame Tanzania Tokelau Tunis Tuvalu Uganda Venezuela Zambia COUNTRIES WHERE PREPAID FREIGHT IS ACCEPTED CASE BY CASE : 1. Guinea