Terms Of Use
1. Background
1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) 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.
2. This Privacy Policy ("Privacy Policy") is published in accordance with: (i) Section 43A of the Information Technology Act, 2000; (ii) Regulation 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal information) Rules, 2011 (“SPI Rules”); and (iii) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the privacy policy that is applicable in relation to the access or usage of [Mention the Website] ("Website" or "Platform")
3. Shypmax (“Website” or “Platform”), is owned, registered and operated by Crossborder Logistech Private Limited ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 , and having its registered office at Lower Ground Floor, 40-41, Bakshi House, Nehru Place, Delhi-110019,.
4. This Privacy Policy covers: (i) the type of information collected from the Users (as defined below) through the Platform; (ii) the purpose, means and modes of usage of such information; and (iii) how and to whom such information which has been collected will be disclosed.
5. For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User" shall mean any person who uses the Platform for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
6. We reserve the right to make changes to this Privacy Policy at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your consent to such modifications. If you object to any changes, you may terminate your account. You agree to periodically review the current version of the Privacy Policy as posted on the Platform.
2. Services
1. We are inter alia engaged in the business of providing simplified cross border logistics services and other services to its customers through our Platform or website, ("Services").
2. For the purpose of these Terms of Use,
a) "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
b) "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organisation to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organisation that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
c) "Merchant Agreement" shall mean the agreement entered into/ that shall be entered into by and between the You and the Company, which shall clearly state the inter- se rights and obligations between You and the Company;
3. Representations, Warranties and Obligations of the Platform
1. We hereby represent and warrant that:
a) We are a duly registered company as under the relevant provisions of the Companies Act, 2013;
b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use;
c) We will comply with the Privacy Policy and ensure data security of the Users at all times.
4. Representations, Warranties and Obligations of the User
1. You hereby represent and warrant that:
a) You are a validly incorporated business entity or is legally competent to contract, as applicable;
b) You shall comply with and fully adhere to these Terms of Use and the terms and conditions of the Merchant Agreement;
c) You shall provide accurate information and details, when prompted by the Platform registration form and in the Merchant Agreement;
d) You shall fulfil Your payment obligations for availing the Services through the Platform.
5. Intellectual Property Rights
Copyright
1. All content included on the Platform, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. We reserve the right to terminate Your engagement with Us, if We, in Our sole and absolute discretion, believe that You are in violation of this Clause. 2. The content made available on or via the Platform, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Platform.
Trademarks
1. shypmax.com is the domain of the Company. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.
6. User feedback/comments/ suggestions
1. While rating/ submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Feedback”), the User agrees and acknowledges that:
a) The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
b) The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;
c) We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
d) We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
e) By posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.
7. Privacy
We collect, store, process and use Your information in accordance with Our Privacy Policy. By using the Platform and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Platform in accordance with Our Privacy Policy.
8. Fraud and Improper Conduct
1. You may only access the Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:
a) Interfere with the ability of others to access or use the Platform and the Services provided through the Platform;
b) Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Platform or the Services;
c) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
d) Upload or post or transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
e) You shall not attempt to interfere with any other User’s use of the Platform or the Services aggregated through the Platform;
f) You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information about yourself, and all information that You provide must be accurate and correct.
9. Limitation and Disclaimer of Warranty
a)The Platform, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
b) We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Platform.
c) We do not warrant or make any representations that the Platform shall (i) meet Your requirements or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found on the Platform’s software. Further, access to the Platform shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.
d) We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of visiting the Website.
e) We do not warrant or make any representations regarding the reliability, suitability or quality of the Service. The use of the Services, is at your sole risk and that the Services are provided "AS IS" and “AS AVAILABLE”..
f) We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of the Platform or the Services.
g) If You are dissatisfied or harmed by the Platform or anything related with the Platform, Your sole remedy shall be to terminate these Terms of Use by leaving the Website.
h) We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Platform.
i) We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are published on the Platform.
10. Indemnification
You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Platform, and/or breach of these Terms of Use.
11. Termination
1.We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Platform from time to time or upon a misuse of the Services by You.
2.You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by you. Further, You will no longer be able to access the Platform.
12. COMMNUCATION:-
By accepting the terms and conditions or creating user account at Shypmax (“Website or “Platform”) you hereby give your explicit consent to be contacted by us via different channel (e.g phone call, email, SMS, or WhatsApp or Chat or in any other manner permitted under the applicable laws, rules or regulations) for the purpose of providing better services through our (“Website or “Platform”), business promotion etc.
13. Severability
If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
14. General
Unless otherwise specified herein, these Terms of Use for Services aggregated through the Platform and the Privacy Policy (provided on the Platform) constitutes the entire agreement between you and the Platform, in respect of the Services and supersedes all previous written and oral agreements between You and the Platform, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
15. Governing Law
Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in New Delhi, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.