TERMS AND CONDITIONS
1) Contractual Relationship
- The Services constitute a technology platform that enables users of SHIPLER’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with SHIPLER or certain of SHIPLER’s subsidiaries (“TSP ”). Unless otherwise agreed by SHIPLER in a separate written agreement with you, the Services are made available solely for your use.
- You acknowledge that SHIPLER does not provide transportation or logistics services or function as a transportation carrier. SHIPLER’s services may be used by you to request and schedule transportation or logistics services with third party providers, but you agree that SHIPLER has no responsibility or liability to you related to any transportation or logistics provided to you by third party providers through the use of the services other than as expressly set forth in these terms.
- Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and SHIPLER. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. SHIPLER may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
- Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
- SHIPLER may amend the Terms related to the Services from time to time. Amendments will be effective upon SHIPLER’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2) Membership Eligibility
- Use of the Website is available only to persons or business entities who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website.
- Business entity registration: If you are not registering as an Individual, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
3) Your Account
- If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. SHIPLER reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
4) E-Platform for Communication
- You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that SHIPLER is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, contract of any services availed on the website
5) Licence for Website access
- SHIPLER grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SHIPLER and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
- This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of SHIPLER and / or its affiliates, as may be applicable.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHIPLER and its affiliates without express written consent. Any unauthorised use terminates the permission or license granted by SHIPLER and / or its affiliates, as applicable.
6) Conditions of Service
- All commercial/contractual terms are offered by and agreed to between TSP and CUSTOMER alone. The commercial/contractual terms include without limitation Freight Charges, payment methods, payment terms, date, period and Type of Service, SHIPLER does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the TSP and CUSTOMER.
- SHIPLER does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the services proposed to be required or provided. SHIPLER does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. SHIPLER accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- SHIPLER is not responsible for any non-performance or breach of any contract entered into between TSP and CUSTOMER. SHIPLER cannot and does not guarantee that the concerned TSP and/or CUSTOMER will perform any transaction concluded on the Website. SHIPLER shall not and is not required to mediate or resolve any dispute or disagreement between TSP and CUSTOMER.
- SHIPLER provides information about its users as provided by the Customers during the transactions. However, SHIPLER does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgement in that behalf.
- SHIPLER does not at any point of time during any transaction between TSP and CUSTOMER on the Website come into or take possession of any of the services offered by TSP or CUSTOMER nor does it at any point gain title to or have any rights or claims over the services offered by TSP or CUSTOMER.
- You shall independently agree upon the manner and terms and conditions of Services, Payments, etc. with the TSP or CUSTOMER you transact with.
- Goods Declaration: The cost of loaded goods shall be as declared in original invoice of the materials loaded. The quality and quantity of the goods transported shall be as per specifications declared by transporter on BILTI/LR/GR/CN. In case of wrong declaration in terms of Quantity or Size or Nature, TSP shall have the right to refuse the load and the standard cancellation charges will be applicable and are to be paid directly to the TSP.
- Refusal to Load Truck : TSP shall have discretion to refuse the load in case the load is presented without carriage documents, sales tax documents, transit forms, invoices or any other statutory documents or any load that is prohibited by Govt. of India for carriage. CUSTOMER shall have discretion to refuse the truck in case the truck is made available at loading site without the prescribed documents in the Load Posting: Standard cancellation charges will be applicable and shall be paid directly by the defaulting party to the other party.
- Transit Insurance : CUSTOMER will ensure all cargo that is loaded on the truck hired through SHIPLER is under suitable transit insurance coverage. In case CUSTOMER loads any uninsured cargo, CUSTOMER shall indemnify TSP or SHIPLER against any un-occasioned loss/claims/ liabilities while goods are in-transit or loaded/unloaded or otherwise.
- Transit Delay :Transit Delay due to force Majeure conditions like public unrest, act of God, etc. shall be exempted from charges. TSP shall inform the CUSTOMER of such available information.
- All Quotations submitted shall not be binding on CUSTOMER or TSP until Confirmation is completed between CUSTOMER and TSP. Only after E-Confirmation on the website, CUSTOMER and TSP provide a firm commitment to transact.
- SHIPLER strongly advises you not to test the site with false postings / Quotations, as it will put you at substantial legal risk. It is an offence to use a false name or other false personal information. Willfully entering erroneous or fictitious Quotations or Postings may result in prosecution by SHIPLER.
- Please be aware that even if you do not give SHIPLER your real name, your Web browser or cellphone transmits a unique address to us, which can be used by law enforcement officials to identify you.
7) Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not SHIPLER, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- For all the vehicles, you have to provide comprehensive insurance of their vehicle/s. It is your responsibility to ensure that the insurance is comprehensive insurance of the vehicle being shifted. No claim for 3rd party insurance will be entertained in case of damage of goods.
- For fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send use or reuse any material that does not belong to you or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilia or menacing. ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or is harmful to minors in any way or impersonates another person or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States or objectionable or otherwise unlawful in any manner whatsoever or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam.
- to cause annoyance, inconvenience or needless anxiety.
8) Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. SHIPLER reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of SHIPLER violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
- grant SHIPLER and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media and
- SHIPLER and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to SHIPLER, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to SHIPLER:
- the content and material is accurate.
- use of the content and material you supply does not breach any applicable SHIPLER policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).
- the content is lawful. You agree to indemnify SHIPLER and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9) Claims against Objectionable Content
Because SHIPLER processes Hundreds of transactions on daily basis on the website and hosts many of comments, it is not possible for us to be aware of the contents of each posting, or each comment or review that is displayed. Accordingly, SHIPLER operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, SHIPLER will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.
10) Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SHIPLER, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of SHIPLER and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of SHIPLER, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilize parts of the contents of the website without SHIPLER and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without SHIPLER and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and postings) parts of this website without SHIPLER's express written consent.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the TSP, CUSTOMER, Driver or any other party involved in the Transaction and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Transacting Party.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with SHIPLER nor shall SHIPLER have any obligations or liabilities in respect of any transactions on the website.
The location of goods during transit is shared on the basis of the information provided by the partners. We do not have complete control over the information hence in case of any wrong update, we are not liable for any miscommunication.
12) Indemnity and Release
You shall indemnify and hold harmless SHIPLER, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release SHIPLER and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
13) Other Businesses
Parties other than SHIPLER and its affiliates may operate stores, provide services, or sell product lines on SHIPLER. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. SHIPLER does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit SHIPLER or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number, mobile number and email address while transacting on SHIPLER. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your transactions or accounts.
15) Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17) Third-party Links
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) do not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
18) Limitation of Liability
To the fullest extent possible by law, SHIPLER's maximum liability arising out of or in connection with SHIPLER or your use of the SHIPLER content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR 1,000.
19) Intellectual Property Rights
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- You may not create a link to this website from another website or document without SHIPLER's prior written consent.
20) Notice of Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to SHIPLER and is accessible on SHIPLER in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf.
- A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing.
- Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity.
- Your name, address, telephone number and, if You have one, your e-mail address.
- A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law.
- A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
The Details can be mailed at ZenPrice Technology Private Limited, 245, Sher-E-Punjab , Near Tollani College, Andheri(E), Mumbai - 400093
21) Customer/Visitor Obligations and Administration of Information in Your Account
- While using SHIPLER, Customer / Visitor may have to provide necessary information to complete the transaction (collectively referred as "Transaction Information").
- You agree not to submit any posting descriptions, photographs, financial, contact or other information contained in each Posting's data to SHIPLER unless the you have acquired received all necessary rights and authorizations from the owner, including from the photographer and/or copyright owner of any photographs, to publish on SHIPLER. SHIPLER may also require you to support your claims with respect to the Transaction Information as may be specified by it from time to time. You may further be required to substantiate your claims as to the nature and status of the Transaction Information by swearing an affidavit stating the authenticity of the information/data so provided/displayed. SHIPLER may, at its sole discretion but without any obligation to, search for such and remove postings that are alleged to have been submitted in violation of this provision.
- You agree to allow the Posting, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the your website or SHIPLER. SHIPLER shall have the sole authority to choose the manner in which any Posting will be searched, displayed, accessed, downloaded, copied, and otherwise used on SHIPLER and SHIPLER shall have the right to modify the posting in the exercise of its rights under this Agreement.
- You agree to allow the Transaction Information, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the your website or SHIPLER. SHIPLER shall have the sole authority to choose the manner in which any Transaction Information will be searched, displayed, accessed, downloaded, copied, and shared with transacting parties otherwise used on SHIPLER and SHIPLER shall have the right to modify the Transaction Information in the exercise of its rights under this Agreement.
- You agree that all Transaction Information and associated information provided by you will be accurate to the best of your knowledge.
- SHIPLER reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Transaction Information on the SHIPLER without notice.
- The Visitor acknowledges and agrees that SHIPLER has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of SHIPLER, to comply with the prevailing legal framework and/or moral obligations as placed on SHIPLER and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or SHIPLER and/or the internet.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
22) No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of SHIPLER.
23) Restrictions and Prohibitions
Users shall not use any content in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation SHIPLER content,
- in violation of any applicable law or regulation,
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others.
- that belongs to another person and to which the user does not have any right to.
- that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of others privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever
- harm minors in any way.
- deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
- impersonate another person or entity.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of SHIPLERs computer systems or website or SHIPLERs visitors, customers computer systems or site.
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
Visitors/Customers are also prohibited from violating or attempting to violate the security of SHIPLER, including, without limitation the following activities. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- Access data not intended for you or log into server or account that you are not authorized to access.
- Attempt to probe, scan or test the vulnerability of a system or network.
- Attempt or breach security or authentication measures without proper authorization.
- Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to SHIPLER, overloading, Flooding, mail bombing or crashing.
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in SHIPLER except as permitted.
- Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website. or
- The Visitor shall not utilize the services offered in any manner so as to impair the interests and functioning of SHIPLER or SHIPLER.
- The Visitors undertake that the services offered by SHIPLER shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail.
- Use any data mining, robots or similar data gathering or extraction methods
Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SHIPLER other than the search engine and search agents available from the Company on such SHIPLER.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of SHIPLER.
XII. Use the SHIPLER's Services for any unlawful purpose or any illegal activity, or post or submit any content, that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by SHIPLER's discretion.
24) Jurisdiction and Arbitration
Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
Visitors and SHIPLER hereby submit to the exclusive jurisdiction of the courts at Mumbai, India without regard to its conflict of law provisions. If you have any questions about these terms, please write to us at email@example.com