INTRODUCTION

 

The domain name https://www.ecourierz.com (the "Site"), maintained and operated by Planet Express Innovations Private Limited (the "Company"). The terms and conditions set out below (the "Conditions") apply to the use of the Site, including the use of information and services offered on the Site.

 

In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials or contents (whether through the Site itself or through such other media or media channels, devices, software, or technologies as we may introduce/launch from time to time , including the webpages contained or hyperlinked therein and owned or controlled by the Company) (collectively referred to as the "Services"), you (hereinafter referred to as "you" or "your") shall be deemed to have agreed to each and all the Conditions and notices on this Site as amended from time to time. Further, you agree to be bound by these Conditions, and are therefore requested to carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

 

The Company reserves the right to change, substitute, or supplement these Conditions from time to time, with or without notice. By continuing to use the Site after changes are posted you agree to be legally bound by those terms as updated and/or amended. Certain features of the Services may be subject to additional guidelines, terms or rules ("Usage Rules"), which will be posted on the Site and are incorporated by reference into these Conditions.

 

SERVICES AND USE THEREOF

 

The Services being offered by the Company on the Site is a platform enabling you to access the logistics services being offered by various logistics partners listed on the Site. The Company is only aggregating the services being provided by various logistics partners and offering you the convenience of obtaining such logistics services with one (1) single account. It is expressly clarified that the Company is not in any way involved with the actual pick up, shipment and delivery of any products, goods or packages, and is only providing the Services for you to obtain services from various logistics partners.

 

By using the Services being provided by the Company on the Site, you understand that all shipments booked through the Site will be handled directly by the Company’s logistics partners as per your requirements. The Company does not in any way offer any logistics services, including but not limited to pick up and drop services, courier services, and/or local or international shipping. The Company does not in any way verify the credentials or representations of any of the logistics partners, the service levels or the quality of any their products or services offered by the Service Provider, or the Service Provider's compliance with applicable laws. You hereby agree and understand that all timelines for pick up and drop, delivery etc. denoted on the Site are estimates only, and the Company does not in any manner guarantee the same.

 

In order to use any of the Services being offered by the Company, you will be required to register yourself on the Site, and create a user account. You may register yourself on the Site, and receive a username and password, free of charge for your ‘eCourierz account’ (the "Account"). Alternatively, you may create a user account by logging in with your credentials from your third party account with certain social networking sites (such as Facebook or Twitter). If you do so, you represent and warrant that you are entitled to disclose your login credentials to us and/or grant us access to your third party account without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating us to pay any fees. The Services being offered by the Company are intended for the benefit of customers requiring bulk shipping and/or requiring high shipping frequency. Notwithstanding the method of registration, you will be required to provide a GST number and certificate at the time of registering, to active your Account.

 

Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.

 

Multiple users are not permitted to share the same/single log-in. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Services. You shall not be permitted to transfer or share (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Service to any third party.

 

You agree that any information you give to the Company will always be true, accurate, correct, complete and up to date, to the best of your knowledge. Any phone number used to register with the Service be registered in your name and you might be asked to provide supporting documents to prove the same

 

You agree to:

(a) Immediately notify the Company of any unauthorized use of your account or any other breach of security;

(b) Promptly update the user account information to keep it true, accurate, and complete;

(c) Immediately change or alter your user name and/or password, if we believe that your user account is no longer secure or affects a third party's rights;

(d) Ensure that you exit from your account at the end of each session.

 

The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

You agree to use the Services only for purposes that are permitted by: (a) the terms of usage as outlined in these Conditions; and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of goods, data or software to and from India or other relevant countries).

 

You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and "as available".

 

As part of our Services, you may from time to time receive updates/upgrades to our Services from us which may be automatically downloaded and installed to your device/systems or reflected on the Site. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of our Services. You agree that we may automatically deliver such updates to you as part of our Site and you shall receive and install them if required to receive continuous Services.

 

CHARGES 

 

On registering on the Site and receiving a username and password, you will be able to access the various features of the Site, free of cost. However, the Company reserves the right to levy specific fees and charges from time to time, or introduce additional paid services and/or modify existing Services without prior notice or intimation.  Such fees or charges shall be applicable and leviable from the date on which the same are posted on the Site, and shall be governed in accordance with these Conditions.

 

In connection with your use of our Services, you may be subject to charges imposed by your broadband, wireless or other applicable carrier/internet service providers. Payment of such charges is solely your responsibility.

 

Although the use of the Services is free, please note that the services being offered by the various logistics partners listed on the Site shall be subject to payment of necessary courier/shipment/logistics fees as may be leviable by such logistics partners.

 

When you place an order through the Site, you will be given a choice of payment options, including via credit/debit card, payment gateways to recharge your e-wallet with credits, and/or direct payment option to select logistics partners. If you pay for your purchase via credit/debit card or payment gateways, the Company will ask for a valid card details or payment gateway's account details, as applicable, which will be billed, directly through the payment gateway linked on the Site, for the purchase price of the applicable order, and the name of the e-wallet partner, or 'Planet Express Innovations Private Limited' or 'eCourierz' or such of our trade name will be the name that will appear on the payment statement/slip. In certain circumstances, subject to contractual arrangements between the Company and the logistics partner, your credit card information may be provided to the logistics partner, and in such case, the logistics partner will bill you directly. You will be notified at the time of purchase if the logistics partner will be billing you directly and you hereby authorize us to transfer your credit card information to such logistics partner for processing.

 

Please note that the e-wallet linked to your Account is a closed loop wallet account. All credits into the e-wallet can be utilised only on the Site, and you will not be able to use credits therein for any purchases on third party websites or points of sale. Further, you will not be permitted to transfer any credits back into your bank account/other mode of payment directly from the e-wallet.

 

As stated above, however, the Company, as a result of providing the Services through the Site, is not and shall not in any manner be considered the seller, dealer or supplier of any of the services ordered from the logistics partner.

 

ORDER PROCESSING

 

In order to place an order for Services on the Site, you will be required to recharge your e-wallet associated with your Account with the value of the services being ordered from the logistic partner. On successfully recharging your e-wallet, any orders placed through the Site for services to be rendered by the logistics partner will be debited to the e-wallet directly.

 

The pick-up, delivery and return of the courier packages will be subject to the service terms and conditions of the applicable logistics partner chosen at the time of purchasing Services on the Site. Please note that all timelines for pick up and drop, delivery etc. denoted on the Site are estimates only, and the Company does not in any manner guarantee the same. The logistics partner chosen by you on the Site, to provide the necessary service shall be solely liable for pick up and drop, and delivery of your shipment.

 

You hereby agree and understand that all courier and shipping services will be charged to you as per the shipping rates charged by the relevant logistics partner. The charges payable shall, unless otherwise specifically stated, will be based on the weight and size of the package to be shipped; the distance from the pick up address to the delivery address; and shipping priority. It is expressly clarified that the rates set out against Services listed on the Site are not negotiable, however the same are subject to change without prior notice.

 

On selecting a specific Service through a logistics partner listed on the Site, the same will be processed by the Company subject to you having sufficient credit balance in the e-wallet linked to your Account. An amount equivalent to the estimate cost of the Service will be deducted at the time of placing the order. You hereby agree and undertake to accurately denote the exact weight and dimensions of the package to be shipped at the time of placing the order.

 

At the time of pick up by the logistics partner, the weight and size of the package/goods will be verified by the logistics partner, and updated in the logistics partner’s internal systems. If at any time thereafter, in the event there is a variation in the weight and dimensions mentioned at the time of booking the request and the actual weight and dimensions of the package, as verified by the logistics partner, you will be liable to bear any additional costs as may be demanded by the logistics partner ("Additional Cost"). On the Company receiving an invoice from the logistics partner, the Company reserves the right to debit the Additional Cost to the e-wallet linked to the Account.

 

In the event funds equivalent to the Additional Cost is unavailable in the e-wallet linked to your Account, you will be notified of the same by way of email, to your registered email address, and/or by way of a telephone call to the registered mobile number provided by you. You will be required to pay the Additional Cost within seven (7) days of being notified of the same. Please note that due to the nature of the contractual arrangements between the logistics partners and the Company there is sometimes an unavoidable delay of fifteen (15) to forty five (45) days in reporting any Additional Costs that may be payable, it is therefore likely that you may be notified of any Additional Charges payable by you, after completion of services by the logistics partner. Notwithstanding the completion of services by the logistics partner, you hereby undertake to promptly pay any Additional Costs that may become payable.

 

In the event you fail to pay the Additional Cost, you hereby agree and understand that the Company has a right to recover the same from you at your cost and expense, and you will additionally be liable to pay an amount of Rupees One Lakh Only (INR 1,00,000/-) per outstanding disputed amount, as liquidated damages.

 

 

 

Reasonable care is taken by our logistics partner to deliver the orders to the intended recipient, however, we shall not be held responsible for any wrong delivery of the order based on the address given by you or if any person imposes to be the actual recipient and takes delivery of the couriered orders. Please refer to the logistics partners' FAQ's and terms of service for further details.

 

INTERNATIONAL SHIPMENTS

 

If you avail any services on the Site for international shipments from India, you hereby agree and understand that you will be required to provide the logistics partner with necessary KYC documentation, GST invoices, product descriptions and any other information that the logistics partner may require to accept the package for shipment.

 

Shipments which cross national borders/ international shipments may be subject to customs clearance, in the destination country prior to delivery to the intended recipient. You are responsible for making sure goods shipped are acceptable for entry into the destination country. All charges for shipment to countries where entry is not permitted shall be your responsibility. You hereby agree that you shall be solely liable for any customs charges, costs, fees that may be levied on the shipment. You will be notified by the Company or the logistics partner of the customs charges payable when such demand is made by the destination country. Payment of customs charges by the logistics partner shall be made only after receipt of the same from you.

 

In the event your package is ‘returned to origin’ due to failure to pay any international charges such as customs, or any such similar levy/duty; or failed delivery or for any other reason whatsoever, you hereby agree that the Company will not in any way be liable for the same and you will solely be responsible for bearing any additional costs or charges that may be levied by the logistics partner or customs authority.

 

CANCELLATION OF ORDER

 

The Company reserves the right to refuse or cancel any transaction/order for any particular logistics partner(s) and/or Services that are listed on the Site at an incorrect price or which are not available. This right shall be available to the Company irrespective of whether you have received an order confirmation or payment confirmation. In such events, if the payment has been processed by the Company, then the amount will be refunded to your Account and you will be notified of the same with a reasonable mode of communication.

 

You hereby agree and understand that after placing an order, the Company will not entertain any request from you for order cancellations. Kindly refer to the Order Refund & Cancellation Policy for further details.

 

SERVICE ISSUES 

 

The Company takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Company for support through email/telephone or through the Site, within a period of seven (7) days of occurrence of the issue. ON contacting the Company, a a representative of the Company will assist you, and act as a point of contact between you and the logistics partner. The Company will make all reasonable efforts to rectify your grievance, however, if the grievance relates to a delay in pick up/delivery or quality of service, you will be bound by the terms and conditions of service as applicable to the logistics partner.

 

In the event there is a delay in reporting any grievance with the services rendered by the logistics partner of more than seven (7) days, please note that the Company will deem the services obtained by you through the Site to be satisfactorily completed by the logistics partner.

 

YOUR OBLIGATIONS

 

You shall be responsible for:

 

(a)   placing the complete order online with us including but not limited to: (i) providing a correct description, weight & dimensions of the courier packages, (ii) designating the logistics partner to perform its services, (iii) advising the places/addresses of collection and delivery of the courier packages, and (iv) advising the telephone number of the receiver of the courier packages at the place of delivery (local number at place of delivery);

(b)   ensuring that the courier packages & shipping labels/documents (state GST Tax Forms, KYC, declaration, etc) are made available for collection by the logistics partner at the specified place of collection;

(c)   ensuring that you do not ship fragile goods and that the courier packages, including their packaging, can withstand a short drop and the normal rigours of carriage and handling;

(d)   ensuring that you do not ship goods which are dangerous in nature or are prohibited or restricted in law or any other product specifically prohibited as per these Conditions; and

(e)   ensuring that all international shipments are accompanied by necessary KYC documentation and invoices.

 

PROHIBITED AND RESTRICTED ITEMS

 

1.         Narcotic and psychotropic substances and other banned substances.

2.         Live animals

3.         Uncrossed (bearer) drafts / cheque, currency and coins

4.         Any Aerosols, liquids and/or powders or any other flammable substances classified as Dangerous Goods for transport by Air

5.         Precious stones, gems and jewellery

6.         Hazardous and radioactive material, and hazardous chemicals.

7.         Crops, seeds and any other prohibited plant material.

8.         Firearms, explosives and military equipment.

9.          

10.     Foodstuff and liquor

11.     Any pornographic material

12.     Oil-based paint and thinners (flammable liquids)

13.     Industrial solvents

14.     Insecticides, garden chemicals (fertilizers, poisons)

15.     Lithium batteries

16.     Magnetized materials

17.     Machinery (chain saws, outboard engines containing fuel or that have contained fuel)

18.     Fuel for camp stoves, lanterns, torches or heating elements

19.     Automobile batteries

20.     Infectious substances

21.     Any compound, liquid or gas that has toxic characteristics

22.     Bleach

23.     Flammable adhesives

24.     Arms and ammunitions (including air guns)

25.     Dry ice (Carbon Dioxide, Solid)

26.     Poison

CONTRIBUTIONS

 

The Site allows you to interact with other users by reviewing, posting and sharing comments/information. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and/or postings in the interactive portions of our Site (such use, participation, and/or postings, being your "Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:

 

a.       the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

b.      you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Company to use your Contributions

c.       your Contribution is not (in all cases as determined by us in our sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libellous or slanderous, does not advocate the violent overthrow of the Government of India and any other sovereign bodies, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

d.      your Contribution does not constitute, contain, install or attempt to install or promote any viruses, worms, Trojan horses, malicious code, spyware, malware or any other computer code or harmful or destructive content, whether on our or others' computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;

e.       your Contribution is not intended primarily to promote a cause or movement, whether political, religious or otherwise;

f.         your Contribution does not disclose any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;

g.      your Contribution does not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;

h.      your Contribution does not otherwise violate, or link to material that violates, any provision of these Conditions or any applicable law or regulation; and

i.        your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole and absolute discretion.

 

By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, fully-paid, worldwide license/right to use, copy, modify, alter, publicly perform, publicly display, publish, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial or otherwise, on or in connection with the Site, the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

 

The Company has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions and/or place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Conditions.

 

The Company may accept, reject, or remove any Contributions, including reviews related to logistics partners in its sole and absolute discretion, provided however, the Company is not liable or obligated to screen or delete Contributions, even if such Contribution is considered objectionable or inaccurate by any person. If you are posting a review of a logistics partner, your review must comply with the following criteria: (1) you should have first-hand experience with such courier service provider; (2) you are not affiliated with any competitors of such courier service provider; (3) you will not make any conclusions as to the legality of the courier service provider products, services, or conduct; and (4) your review must comply with the other representations, warranties, covenants, and other agreements in this Agreement.

 

It is expressly clarified that no Contributions in the form of reviews, comments, suggestions or feedback are not endorsed by the Company, and such reviews do not represent the Company’s views. The Company does not assume any liability for any review or for any claims, liabilities or losses resulting from any review.

 

SUBMISSIONS AND FEEDBACK

 

In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Site and/or the Services ("Submissions") provided by you are non-confidential and the Company shall be entitled to an unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

LINKED WEBSITES

 

The Site may contain links to other websites for services being rendered by various other entities (each a "Linked Website"). The Linked Websites herein include but shall not be limited to logistics partners’ websites, e-wallets, payment gateways etc.

 

You acknowledge and agree that the Company does not have any control over the content or availability of the Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of the Linked Websites.

 

Links to the Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to, provided or contained on the Linked Websites.

 

TRADE MARKS

 

The Site contains the Company’s trade and service marks, logos, and devices, including the words "eCourierz", and other valuable trade or service marks owned by the Company or licensed to the Company, to distinguish its services and products (collectively referred to as the "Company Marks"). The Company Marks are protected from copying and simulation under national and international laws and may not be reproduced, copied or used in any other manner whatsoever, on any material, whether tangible or intangible, without the express prior written consent of the Company. Without limitation, you must not use any Company Marks or a variation thereof, either alone or in conjunction or as a combination with any other trade or service marks, logos and devices:

 

·            in or as the whole or part of your own trade marks;

·            in connection with activities, products or services which are not undertaken or provided by the Company;

·            in a manner which may be confusing, misleading or deceptive; or

·            in a manner that disparages the Company or its information, products or services (including this Site).

 

Trade and service marks and devices not forming a part of the Company Marks, but included on the Site (the "Third Party Marks") shall belong to the respective owners of such Third Party Marks. You acknowledge that the use and display of such Third Party Marks are subject to the rights of the owners of the Third Party Marks.

 

COPYRIGHT

 

The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on the Site ("Information"; and together with the Company Marks, the "Intellectual Property") are either owned exclusively by the Company or licensed to the Company and may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of the Company.

 

Without limitation, you may not, without such approval from the Company, create derivative works from any part of the Site or commercialise any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorised use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.

 

LIMITATION OF USE

 

The Site is for your personal non-commercial use and the Information may be downloaded or printed by you solely for that purpose. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for any use of the Site by you and anyone using your password and login information. This right to use the Information is a limited, non-excusive, non-transferrable, non-assignable, time-bound, non-sub-licensable, revocable license only, and is subject to the following restrictions:

 

·            the Information may not be used for any commercial purpose or public display, performance, sale or rental;

·            no copyright or other proprietary notices may be removed;

·            the Intellectual Property may not be transferred to another person;

·            software may not be interfered with in any manner;

·            every person downloading, reproducing or otherwise using the Information must prevent any unauthorised copying of the Information;

·            you shall only use the Information for lawful purposes and in accordance with these Conditions;

·            you shall not frame or utilise framing techniques to enclose any Intellectual Property;

·            you shall not collect and use any product listings, descriptions, or prices for the benefit of other merchants, including direct and indirect competitors of the Company; and

·            you shall not use any meta tags or any other hidden text utilising the Site’s or the Company’s name or trademarks without the express written consent of the Company.

 

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, services and Information. You must adhere to all limitations on dissemination, usage and reproduction of any Intellectual Property that you download from the Site that are subject to such limitations.

 

If you are required to establish an account / provide information to access the information on the Site or avail Services, you must complete the designated registration process to obtain the Intellectual Property or Services, as the case may be. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. Products, information and services provided by third parties that are sold or offered for hire on the Site (collectively, the "Third-Party Services") are governed by separate agreements accompanying such information and services. The Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, the Company’s Information, Company provided Services and products or another Third-Party Service. You agree that you will not hold the Company responsible or liable with respect to the Third-Party Services.

 

You agree and acknowledge that the services offered by the Company through the Site is restricted to certain geographical areas. The Company shall not be responsible for any loss or damage incurred by you, due to the service not being available in the geographical area that you are situated while accessing the services provided on the Site.

 

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of eighteen (18) years, you may not use the Site.

 

By agreeing to the Conditions and creating an account on the Site, you agree to receive promotional communication and newsletters from the Company. You can opt out either by unsubscribing through the facility available on the Site or by contacting the customer service of the Company.

 

INFORMATION

 

The Company has taken all reasonable efforts to ensure that the Information provided on the Site is accurate and reliable. You accept that all Information provided on the Site or any other material accessed through the Site, including via any Linked Website (as hereinafter defined), is general information and is not in the nature of advice.

 

You also accept that all of the Information is provided on an "as is" basis and is provided without any warranty, representation or condition of any kind, whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site, including via any Linked Website.

 

While the Company seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, the Company does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for any particular purpose, and specifically disclaims any such representation or warranty.

 

In particular the Company does not warrant that:

 

·            the Information or any other material accessed through the Site, including via any Linked Website, is reliable, accurate or complete including, without limitation, information relating to prices and availability;

·            your access to Information or any other material accessed through the Site, including via any Linked Website, will be uninterrupted, timely or secure;

·            it will be liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site, including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material;

·            it will refrain from updating, modifying or adding to the Information, including these Conditions, and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary, all new Information shall be subject to these Conditions; and

·            the Site will operate continuously or without interruption or be error free. In addition, the Company may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action

 

LIABILITY DISCLAIMER & EXCLUSION

 

Notwithstanding anything contrary contained in these Conditions, the maximum liability of the Company will be limited to Rupees One Thousand Five Hundred Only (INR 1,500/-) per shipment for any claims made against the Company under these Conditions whether such claim is brought in relation to damage, lost, theft, or any other reason whatsoever, provided that a claim for the same is brought within the timelines set out in these Conditions and in any event no later than twenty five (25) days from the shipment pick up date. In the event a claim is brought after the expiry of twenty five (25) days from the date of pickup of the shipment, you hereby agree to forfeit and waive your right to the claim.

 

The aforementioned limit of One Thousand Five Hundred Only (INR 1,500/-) shall not be applicable for international shipments. For international shipments, the maximum liability of the Company shall be limited to the quantum of compensation receivable by the Company from the applicable logistics partner.

 

In no event shall the Company be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:

 

·            your use of the Site or any Linked Website; or

·            your use of or reliance on Information or any other material accessed through the Site, including via any Linked Website, including without limitation, loss or damage by way personal injury or disability, of loss of profits, loss of business opportunity, business interruption or loss of information; or

·            your use of any Services through the Site.

 

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded. However, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

 

The Company does not offer reverse pickup services on its Site through any of its logistics partners. When this service becomes available, the liability of the Company for reverse pickup will be governed by these Conditions as may be updated from time to time.

 

SPECIFIC WARNINGS

 

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.

 

You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, computer program routines or processes or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, the Company does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Website.

 

The Company does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

 

You must ensure that any information which you provide to the Company is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of the Company or the Information, or which may detrimentally interfere with or surreptitiously intercept or expropriate any the Company system, data or information.

 

DISPUTES

 

If there is a dispute between you and any third party (including any Third Party Services), you understand and agree that the Company is under no obligation to become involved. In the event that you have any such dispute with any third party (including any Service Provider), you hereby unconditionally and irrevocably release the Company, its directors, officers, employees, service providers, affiliates, agents, representatives and successors from all claims, demands, and damages (actual and consequential, direct and indirect) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or these Conditions or otherwise.

 

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to our Services shall be governed and construed by the law of the India. Any dispute or issue by or against us relating to this Agreement or in relation to the Site or Services shall be referred to arbitration by a sole arbitrator appointed by us. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996, as amended from time to time. Subject to the arbitration provisions above, disputes shall be submitted to the exclusive jurisdiction of the courts of Bengaluru, India, subject, however, to our right, at our sole and absolute discretion, to bring an action to seek injunctive relief to enforce these Conditions or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction. You hereby consent to waive to claim personal jurisdiction and venue in the above-referenced courts and agree not to challenge or object to such jurisdiction.

 

INDEMNITY

 

You agree to defend, indemnify and hold the Company, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, representatives and agents (collectively, the "Indemnitees") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions; your use of the Site and/or Services, including, without limitation your use in violation of these Conditions and/or applicable laws; and/or arising from a breach of these Conditions; and/or any breach of your obligations, representations, warranties, or covenants set forth in these Conditions; and/or arising from your courier packages.

 

Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defence and control of any matter/dispute for which you are required to indemnify an Indemnitee, and you agree to cooperate, at your expense, with our defence of such claims/disputes. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.

 

OFFERS

 

From time to time, the Company may provide offers that entitle you to certain benefits. Each such offer has its own terms and conditions, which may be set forth on such offers or communicated to you separately.

 

COMMUNICATIONS

 

Except as explicitly stated otherwise, any all communication to be issued to the Company shall be sent to admin@ecourierz.com or such other email address as the Company may specify from time to time.

 

Any notices to be given to you shall be given to the email address you provided during the registration process, or such other address as you may specify, or through registered post acknowledgement due to the physical address provided by you. Notice shall be deemed to be given 24 hours after the email is sent, and in the case of registered post, on the date of delivery.

 

For contractual purposes, you: (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement as if it were in hardcopy writing.

 

The Company may communicate with you by SMS, MMS, telephones, mobiles or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise.

 

Your use of the Site and/or Services entitles you to receive periodic communication regarding our or third parties' products and/or services through email, SMS, MMS, telephone or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise. You hereby expressly consent to receive messages or emails from the Company. If you wish to not receive periodic informational communication from the Company, you can unsubscribe to the communication through your account settings.

 

GENERAL

 

If any provisions of these Conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.

 

The Company does not accept any liability for any failure by the Company to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.

 

If there are any inconsistencies between the provisions of these Conditions, the Privacy Policy and any other policy referred to herein, the terms of these Conditions shall prevail.

 

If the Company waives any rights available to it under these Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.

 

You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.

 

The section titles in the document are solely used for the convenience of the parties and have no legal or contractual significance.

 

RETURN TO SITE

           

To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions, and agree to be bound by the same.