This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Application.
These Terms of Use along with the Privacy Policy, Shipping Policy, Refund and Cancellation Policy and Disclaimer (“Terms”) provided on the Application (as defined below) govern your use of the application, links, content, software including but not limited to the Services, any and all services offered on the Application titled 'Hetwork' available on Google Playstore and Apple Playstore of the Application and also on our website: www.hetwork.in
These Terms govern your use of this Application; by using this Application, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Application.
Definitions:
Application shall mean to include the mobile application titled Hetwork including without limitation the software, computer program, algorithms, third-party software, etc.
The term 'BO6 Ventures Private Limited', or 'Hetwork' or "the Company" 'us' or 'we' refers to the owner of the Application whose registered office is A/303, Lotus Natasha Park I CHS LTD, Penkarpada, Near Royal College, Mira Road (East), Thane, Maharashtra – 401107
The term 'you' refers to the user including without limitation Senders/Requestors and Travellers, customer or viewer of this Application.
"Fee" means the sum payable by Sender/Requestor/Requestor to us (Hetwork collects such fee for and on behalf of the Traveller) for the Booking as per pricing quoted by the Traveller via the Application.
"Traveller's Fee" is a fee which will be paid to the Traveller after deduction of a convenience fee of 10% calculated on the Fee. Such Traveller's Fee will be paid to the Traveller within 3-4 days after completion of the Booking.
"Booking" means the service for which has been paid for by the Sender/Requestor
"Traveller" means any third-party individual who has willingly and voluntarily engaged to provide carrier/conveyance services or such other services to the Sender/Requestor via the Application and in accordance with the Terms
"Sender/Requestor" means a user/s who has/have engaged the carrier services provided by a Traveller via the Application.
"Services" shall mean to include the Application’s services including without limitation crowd shipping services using online chat features or otherwise via the Application, advice, information, computer software programs, documentation, data, databases and other proprietary materials that belong to BO6 Ventures Pvt. Ltd. or its licensors.
The use of this Application is subject to the following terms of use:
Please review these Terms carefully before using the Services because they affect your rights.
By using any of the Services, you accept these Terms and agree to be legally bound by them. By using the Application (for services provided by the Traveller and/or any other services provided by third party/vendor) you hereby acknowledge that the Company is not a transportation/conveyance/logistics/carrier services provider and only a platform/aggregator and offers the method to obtain the services of conveyance of goods via the Traveller and/or any additional services by third party/vendors, but in no way does it have any responsibility or liability for any carrier services provided by third parties including without limitation cancelation, death, personal injury, trauma, loss, misplacement, fines/penalties, damage to person or personal belongings and/or otherwise. By using the Services and booking a Service, you authorize willingly enter into a contract with the Traveller as your agent.
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ALTERATIONS TO THE TERMS OF USE:
We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web page on the Application. You are responsible for checking these Terms for changes periodically. If you continue to use the Application after we post changes to these Terms, you are signifying your acceptance of the updated Terms.
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RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Application at any time and without notice.
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YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Application for lawful purposes only. You may not submit or transmit through the Application any material, or otherwise engage in any conduct that:
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violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
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is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
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victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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impersonates any person, business or entity, including the Company and its employees and agents;
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contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
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encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
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Violates these Terms of Use, guidelines or any policy posted on Application, or interferes with the use of the Application by others.
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You may not use the Application in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Application.
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You may not attempt to gain unauthorized access to the Services, any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
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SPAM:
You may not use the Application or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Application to violate the terms of this section. We may terminate your access or use of the Application immediately and take any other legal action if you, or anyone using your access to the Application violates these provisions and/or the Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
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PROPRIETARY RIGHTS:
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We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Application own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Application are our trademarks.
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This Application 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 and its reproduction is prohibited.
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LICENSE TO USE:
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Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Application and material on the Application. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Application for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
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Access to, and use of your user account is strictly limited to you as the registered and authorized user. Accordingly, you should not share your username and password with anyone. Prior to making a purchase, you must check a box certifying that you (1) are the registered and authorized user of your user account, (2) are at least 18 years old, and (3) are completing a purchase with provision of valid identity proof, i.e. PAN Card, Aadhaar Card for India and any valid government identity for user/s outside India along with bank details. Failure to comply with any of these requirements will result in forfeiture of all winnings.
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You must not:
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republish material from this Application (including republication on another website);
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sell, rent or sub-license material from the Application;
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show any material from the Application in public;
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reproduce, duplicate, copy or otherwise exploit material on this Application for a commercial purpose; re-distribute material from this Application except for content specifically and expressly made available for redistribution;
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Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
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Any such use of the Application and/or its material, otherwise which shall be opposed by us.
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On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
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You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use. Further, a user found defaulting by submitting erroneous or inaccurate information either by reporting of such user or otherwise, such user shall be blocked immediately and permanently with no refund for fees paid, if any.
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The user or viewer must have an a mobile device supporting android or iOS with wi-fi, 3G/4G connectivity for using or viewing the Application.
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The user or viewer shall bear all data charges for the use or view of the Application as charged by their respective network carrier/s.
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Sweepstakes, contests, and promotions on the Application may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
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We store and process your information including any sensitive personal, health and financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.hetwork.in. If you object to your information being transferred or used in this way please do not use the Application. However, in event any such details/information are exchanged between the Sender/Requestor and Travellers, the disclosing party of any such sensitive personal, health and financial information shall be held solely and wholely responsible for any defaults arising due to such disclosure by the disclosing party.
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TRANSACTION:
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Any transaction both effected and completed through the Application will apply to such Terms.
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We have no direct involvement in transactions between users having connected other than through the Application and shall have no liability in case of any defaults arising in such cases. Our role is only of a facilitator to provide Sender/Requestor and Travellers with a platform to agree to pay a fee for the Services.
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You acknowledge that we:
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Are an aggregator platform for crowdsourced shipping.
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will only get involved with any dispute between Sender/Requestor and Travellers to the extent specified; and
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are not responsible in any way if any offers displayed and subsequently sold via this Application prove unsatisfactory.
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We are not responsible for ensuring that Sender/Requestor and Travellers complete a transaction.
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At this point, all parties are subject to the Terms.
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Unless otherwise stated, all payments are quoted in Indian Rupees. The Sender/Requestor is responsible for paying all fees as well as all applicable taxes for using the services of the Application as quoted at “Hetwork” application available on Google Playstore and Apple Playstore of the Application and also on our website: www.hetwork.in
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Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
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We reserve the right to cancel any request at Company’s sole discretion, under a situation where we are not able to meet the requirement of the request placed or request so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of a request, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time. Further, we reserve the right to refuse or suspend transportation of any package which does not set out contact details for shipper and receiver and of goods.
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TRANSACTION PRICE:
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All charges must be paid in advance to confirm the Booking.The Sender/Requestor can additionally make a request for product to be purchased and carried by the Traveller for such Sender/Requestor. The cost for such product shall be approved by the Sender/Requestor upon information by the Traveller before making any purchase and shall be paid for by the Sender/Requestor to the Traveller at the price quoted by such Traveller before the Traveller initiates any such purchase.
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If the Traveller/Company is required to pay any taxes, duties or levies on behalf of the Sender/Requestor, receiver or some other party, and the Traveller is unable to collect such amount on first request from the relevant person, that amount will be payable by the Sender/Requestor on demand.
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If any sum is not paid by the Sender/Requestor or receiver in accordance with these terms, the Traveller and/or the Company reserves the right to hold packages until it receives payment in full or to sell such packages and use the proceeds to settle the debts.
Any unpaid balance will remain payable.
TravellerSender / RequestorTraveller
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YOUR USE:
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You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no delivery of Prohibited Items in Schedule I). You will not, in your use the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the package, goods or any other party or any other third party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
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All payments are subject to applicable taxes to be borne by each party individually.
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The value of the package will not exceed INR 5000/-. However such value shall be modified at the discretion of the Company.
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Any charges for shipping to the Travellers, reverse shipping charges, custom duties, penalties, and/or any overhead costs directly related to the Sender/Requestor’s package of goods shall be borne by the Sender/Requestor.
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The user represents and warrants that the user has right to use the name under which the user is identified and registered.
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The Sender/Requestor shall comply with all applicable laws and regulations.
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The Sender/Requestor shall provide images, videos, such other materials, as requested by the Company/Carrier from time to time.
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The Travellers shall ensure verifying and checking the package of goods received from the Sender/Requestor before agreeing to proceed with the request. It is the onus of the Travellers to ensure their safety and security while accepting any and all carriage on behalf of the Sender/Requestor.
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The Traveller will not and at its sole discretion refuse to carry any goods which are prohibited by law or regulation of any government in the origin or destination countries or which may breach any applicable export, import or other laws or endanger the safety of our employees, agents and subcontractors or the means of transportation.
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The users shall take all reasonable steps to maintain the brand reputation and goodwill of the Company and Application.
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The Traveler and confirms that their travel shall not be undertaken for any illegal activity and the delivery of Package given by the Sender/Requestor will be safely carried out.
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The Traveler will procure and arrange for their mode of travel.
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The Traveler will immediately inform the Sender/ Requestor of any change in their travel plans. If one or more Packages have been requested to a single Traveler and the Traveller decides to change any aspect of their travel, the Traveler undertakes to contact all Senders/ Requestors who have made such booking in relation to their respective Packages and further obtain the agreement of all Senders/ Requestors to the change. If a Sender/ Requestor refuses to adhere to such change, they are entitled to a full refund and without any compensation payable to such Traveler.
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The Sender/Requestor will be solely responsible for the use and consumption of the Travellers services and any and all package given to the Travellers, content uploaded and/or used and/or on the Application in relation to the use of the Travellers services. The Sender/Requestor allows the Company to use/exploit the content uploaded by the Sender/Requestor on the Application until the termination and/or expiration of these Terms.
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The performance under these Terms will not violate or conflict with any other agreement to which the users are a party to.
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The user shall not use the Application services, directly or indirectly, for any fraud or to interfere with the use of the Application services.
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The Travellers shall not directly or indirectly contact or communicate with the Senders/Requestors/ of the Application for a period of 2 (two) years from the date of termination of the Travellers association with the Application and the Company.
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The Sender/Requestor/Travellers shall provide all documents and/or detailed information as required by the Company from time to time and shall warrant the truthfulness and accuracy of the same.
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The Sender/Requestor/Travellers shall maintain confidentiality of any and all information shared by the Company, at all times.
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The Sender/Requestor/Traveller may voluntarily insure the goods and/or package of goods for safety and security.
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The Sender/Requestor shall be held responsible for any legal action that due to any default arising out of the carriage and/or use and/or consumption of the Sender/Requestor’s package of goods and the breach of the Terms and the Sender/Requestor shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud. Likewise, the Travellers shall be held responsible for any legal action that due to any default arising out of intentional damage, loss, theft of the Sender/Requestor’s package of goods and the breach of the Terms and the Travellers shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud.
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The Company permits the submission via uploads to the online community including without limitation any chat rooms, of photos, videos, audio clips, texts or any other material or communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Hetwork does not guarantee any confidentiality with respect to any User Submissions and/or submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
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RESTRICTIONS:
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International carriage may be subject to different conditions. The Travellers will not carry packages beyond the limit provided by them and that are excluded from transport under the provisions of Schedule I below The Sender/Requestor shall be responsible for the accuracy and completeness of the particulars inserted on the Application and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Service and applicable law. The Sender/Requestor declares that all packages presented for carriage have been prepared in secure premises by himself or by reliable staff employed by him and have been protected against unauthorized interference during their preparation, storage until tendering to Traveller.
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Perishable and temperature sensitive goods will be transported at the Sender/Requestor’s risk. The Company and/or Traveller will not provide special handling for such packages.
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REFUSAL AND SUSPENSION OF CARRIAGE:
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If it comes to the attention of the Traveller and/or the Company that any package does not meet any of the above restrictions or conditions, the Company and/or Traveller may refuse to transport the relevant package (or any shipment of which it is a part) and, if carriage is in progress, the Traveller and/or Company may suspend carriage.
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The Traveller may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country or if it cannot collect amounts due from the receiver on delivery.
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Where carriage is suspended, the Traveller may return the package or shipment in question to the Sender/Requestor at its own discretion and at the cost borne by the Sender/Requestor. The shipper will be responsible for the payment of all costs and expenses resulting from such suspension of carriage, including but not restricted to the costs of forwarding, disposal, return, storage or administration together with all duties and taxes where applicable. The Company and/or Traveller will not refund carriage charges of any kind in any of the above cases.
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In case the Traveller can, even after opening a package, not identify the receiver or the shipper or anyone else who would be entitled to receive the package, the Company may after 6 weeks ask the Traveller to sell the goods and keep the proceeds of the sale, unless it is proven that the proceeds exceed the Company’s expense. Goods which cannot be sold may be disposed.
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The Traveller reserves the right, but is not obliged, to open and inspect packages in accordance with applicable laws or scan by means of X-ray any package tendered to it for transportation. X-ray, even when properly used, may cause damage to radiation sensitive goods.
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DELIVERY:
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The Traveller may deliver a package to the receiver or to any other person appearing to have authority to accept the delivery of the package on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available, the package may be left in the receiver’s letter box, if suitable, or delivered to a neighbour, unless the Sender/Requestor has excluded such delivery options by using the applicable additional service. The receiver shall be informed of any alternate delivery arrangements by note left at their premises. Notwithstanding the previous paragraph, and unless otherwise agreed with the Sender/Requestor, the Traveller/Company may not be held responsible for such package and the Sender/Requestor will be held responsible for any reverse carriage charges, if applicable. The Sender/Requestor also agrees the receiver may receive delivery information regarding a package. The Sender/Requestor expressly waives any claim it may have against the Company arising from following any such instructions provided by the receiver. The Company may use an electronic device to obtain proof of delivery and the Sender/Requestor agrees that it will not object to the Company relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
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It is the Sender/Requestor’s responsibility to provide complete and accurate documentation especially for customs clearance. The Sender/Requestor also agrees that the Traveller may be considered as being the owner of the package for the sole purpose of carrying the package to carry out any customs clearance. In principle, the Traveller and/or Company will not take responsibility for any customs clearance for packages within a customs area.
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CANCELATION AND REFUND POLICY:
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The Company/Traveller reserves the right, without assigning any reason, to cancel or delay the commencement or continuance of the carrier service or alter the stopping place or to deviate from the route of journey or to change the type of select carrier in use without incurring any liability in damages or otherwise to the Passenger/s or any other person on any ground whatsoever.
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You may request to cancel a Booking in event no Traveller has accepted to follow-through with the Booking. . If cancelled post acceptance of such Booking by the Traveller, any money owed at the time of cancellation, i.e. the remainder payments if you purchased Services through instalment payments, will become due immediately including without limitation any costs borne by the Traveller to purchase any goods for and on behalf of the Sender/Requestor. Refunds on payments made against Bookings will be at the discretion of Company and/or Traveller and may be refundable subject to the sole discretion of the Traveller.
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In the event that you notify us that you wish to postpone the Services or the booking/slot prior to the time of commencement of the same, you shall do so ___ hours (__ business days) or more in advance of the next scheduled availability. If you notify us less than ___ hours (___ business days) in advance of the next scheduled Session, the Fee is not refundable. In exceptional circumstances Traveller may need to rearrange a booking/slot; in these circumstances Company will use reasonable endeavours to provide a mutually satisfactory alternative booking/slot.
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In the event that you notify us that you wish to postpone the Services or the booking/slot, you acknowledge and agree that we cannot guarantee to reschedule the same for your preferred date and time.
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In event of cancellation of a scheduled carriage due to any change in airport/departure timings, technical snag, unfavourable weather conditions, Force Majeure event or otherwise, the Company shall not be held liable to compensate for any loss or damage. However, the Sender/Requestor will be refunded the entire amount for such untoward cancelation not in control of the Company and/or Traveller. Otherwise, the Company will on a best effort basis attempt to make arrangements for the Traveller to complete the Booking.
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The Traveller must provide final approval for accepting to undertake the carriage services for the package. In event if the Traveller has valid reason to claim that the package is inconsistent with the details provided by the Sender/Requestor, the Sender/Requestor will be liable to pay the Traveller for such misrepresentation and the Traveller has the right to refuse to carry such package.
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If a replacement carrier if not available/found within 12 hours of a booking being declined, both parties will be released from their obligations under these Terms of Use, specifically, any liability under the "Cancellation Policy" section.
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In exceptional circumstances, such as inappropriate behaviour, actual or potential conflict of interest, or other reasons, Company can decide to terminate the Services early or refuse or Travellers may unable to provide further Services. In such a circumstance you will be given reasonable notice of termination by Company or Traveller where practicable, and may be refunded any advance payments made for bookings/slots not yet provided for by the Company, such refund being at the sole discretion of the Company.
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The Company/Charter Operator reserves the right to treat no-responses as last-minute cancellations, whereby you will be charged the full cost of the booking. A 'no-response’ is defined as You not delivering the package to the Traveller within _____ day before the scheduled departure time of the Traveller.
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If Travellers are not available and/or if Traveller misses a scheduled booking due to the Travellers own fault, the Traveller may reschedule the booking/slot with Passenger/s. However, the Company shall not be held liable for any default arising due to such cancelation including without limitation loss, damage, deterioration in any manner whatsoever.
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SECURITY RULES:
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Users are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) 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. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
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This Application is designed for parties who can legally make binding contracts under applicable law. Therefore, minors using, accessing, or registering as a user on this Application shall be disallowed and not considered a party to the Application.
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You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Application. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Application.
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MONITOR:
You agree that we are not liable for the Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
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PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Application in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
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HYPERLINKS:
Application may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Application are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Application from another Application or document without the Company’s prior written consent.
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DISCLAIMER OF WARRANTIES:
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We provide the Application “as is” and "as available." We make no express warranties or guarantees about the Application. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Application and all software, Content, Services, any services and products distributed through the Application are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
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Without prejudice to the generality of the foregoing paragraph, we does not warrant that:
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this Application will be constantly available, or available at all; or
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the information on this Application is complete, true, accurate or non-misleading
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Nothing on this Application constitutes, or is meant to constitute, advice of any kind.
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LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Application. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Application is limited to the convenience fee, if any, retained by the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence, defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the package of goods, or goods, or other property; vermin, wear, tear or gradual depreciation; inherent vice; cancelations, delays in delivery due to diversion of select transport or rerouting or change in the Travellers schedule or for any reason whatsoever including without limitation Force Majeure Events) out of or in connection with the Application, Services, services provided through the payment gateway on the Application or any other services of the Application arising from your use of, inability to use, or reliance upon Application. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Application or that the operation of the Application will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Application. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Application.
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FORCE MAJEURE EVENT:
The Company is not liable for interruptions or disturbances to its services due to circumstances that are not the sole responsibility of the Company. Examples of events falling within Force Majeure Events are disruption to air or ground or water transportation (e.g. due to particular weather conditions), fire and flood, pandemics, epidemics, drought, famine, war, hostilities and civil disturbances, acts of government or other authorities and labour disputes or obligations (whether affecting the Company, Travellers, its agents, subcontractors or third parties).
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INDEMNIFICATION:
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Application, breach of the Terms including rules and policies incorporated herein under any applicable law.
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INTERNATIONAL USE:
We make no representation that the Content on the Application is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Application from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
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BREACHES OF THESE TERMS OF USE:
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Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Application, prohibiting you from accessing the Application, blocking computers using your Internet Protocol address from accessing the Application, contacting your internet service provider to request that they block your access to the Application and/or bringing court proceedings against you.
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Further, it is clarified that unauthorised use of this Application may give rise to a claim for damages and/or be a criminal offence.
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SEVERABILITY:
This contract and any supplemental terms, policies, rules and guidelines posted on Application constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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TERMINATION:
Your right to use the Application automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Application. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Application, for any reason, with or without notice.
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GOVERNING LAW AND JURISDICTION:
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These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
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Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
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MISCELLANEOUS:
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If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
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No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Application, such as a particular "Legal Notice," or software license or material on particular web pages, these Terms constitute the entire agreement between you and us with respect to the use of the Application.
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No changes to these Terms shall be made except by a revised posting on this page.
If you do not agree to these Terms, you should immediately cease using the Application.
If you want to delete your account on the Application, please use contact instructions posted on the Application at which you obtained the account.
Schedule - I
You are prohibited from using the Services for delivery of the following Prohibited Items, in respect of which the Company accepts no liability whatsoever. We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following Prohibited Items, regardless of any other contributory cause or event:
Under applicable law, certain goods may be transported only under prescribed conditions and compliance of applicable laws of the destination country shall be Sender/Requestor’s responsibility and certain goods are prohibited from transportation by air (ex. liquids in glass containers).
It is the Sender/Requestor's/Traveller's responsibility to comply with current government regulations or laws applicable in each country. Shipments are subject to inspection and possible delay by customs or representatives of other government authorities.
Any and all items which are illegal to carry or ship or which, at the sole discretion of the Company, may potentially be hazardous or dangerous to the Travellers or the general public, including but not limited to:
Prohibited Items
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Shipments prohibited by law
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Bank bills, notes or currency
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Common fireworks and/or explosives
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Hazardous waste or hazardous waste service
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Human remains, fetal remains, human body parts, human embryos or components thereof
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Articles of apparel and clothing accessories of wild animals covered under the Wild Life Protection Act, 1972.
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Other articles of fur skin of wild animals covered under Wild Life Protection Act, 1972.
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Import of mobile phones without IMEI (International Mobile Equipment Identity) Number
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Ivory
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Marijuana, including marijuana intended for medicinal use
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Any/all narcotics drug or psychotropic substances
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Postage stamps
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Shark fins
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Vape products within, to or from the U.S
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Any item packaged in a hazardous or dangerous box
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Illegal drugs or any other contraband
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Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
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Blades of any kind longer than 1.5 inches
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Dangerous power tools such as chain saws
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Flammable materials
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Dangerous chemicals
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Dangerous biological agents
Also prohibited are: Packages with inherent vice, which by their nature are likely to soil, impair or damage persons, merchandise, or equipment; goods, the carriage of which is prohibited by law in the country of origin, transit, or destination (such as ivory); Goods which attract excise duty (ex. spirits), or which require special facilities, safety precautions or permits.
Restricted Items
Certain items that we list as prohibited may be accepted at the sole discretion of the Traveller for Sender/Requestor/s with requisite undertakings, disclaimers, specific instructions, markings, prescription and/or any regulatory permissions/certifications to accompany such package subject to ability to comply with all applicable laws and regulations. However, the Company will have no liability in respect of such Restricted Items. Such items will include:
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Alcoholic beverages (Check designated country/transport guides for limitations on carrying beer, wine and spirits)
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Animal products, non-domesticated (e.g., mother of pearl inlay, snakeskin watch bands)
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Furs
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Precious metals (unless part of a jewelry)
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Legal Drugs
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Perishables
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Personal used effects
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Cigerattes and Tobacco
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Prepaid phone cards and similar
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Precious stones (unless part of a piece of jewelry)
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Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Client’s risk.
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Articles of unusual value
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Works of art, antiques,
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Unique items,
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Negotiable instruments (such as cheques, bills of exchange, bonds, savings books, share certificates or other securities)
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Fragile items
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Perishable items