Important: 19th Oct to 21st Oct - Pick and Delivery will be effected due to holidays
Important: Delhivery courier service activated now
Important: Entry/OCTOI Tax will be applicable/levied as per State Norms.
BY CLICKING "I ACCEPT" OR "I AGREE" ON THE SIGNUP PAGE, OR BY ACCESSING AND USING OUR PLATFORMS OR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN FULL, THEN YOU SHOULD NOT USE OR OTHERWISE ACCESS OUR PLATFORMS AND/OR SERVICES AND YOU MUST EXIT NOW.
Please note that if you are a minor in the jurisdiction in which you reside, you must have the permission of, and be directly supervised by, your parent or legal guardian to use and/or access our Platforms and/or Services, and your parent or legal guardian must read and agree to the terms and conditions provided in this Agreement prior to your use and access to our Platforms and/or Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register on our Platforms and/or Services.
The Platforms are owned and/or operated by us and we reserve the right to modify or discontinue, temporarily or permanently, and at any time, the Platforms and/or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platforms and/or Services.
Please note that we may modify this Agreement from time to time, and any change to this Agreement will be reflected on our applicable Platforms and/or Services, and you agree to be bound to any such changes to this Agreement when you use our Platforms or Services. Your use of our Platforms and/or Services following the posting of changes will mean that you accept and agree to all such changes. We may also, in our sole and absolute discretion, choose to alert you about any change in the terms of this Agreement by sending an email to the email address provided to us by you. It is therefore important that you regularly review the updated versions of the Agreement and keep your contact information current in your account settings to ensure that you are informed of any such changes. Modifications to this Agreement shall be effective immediately after being posted on our Platforms or Services. Also, occasionally there may be information on our Platforms or Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and we reserve the right to correct any such errors, inaccuracies or omissions and to change or update such information at any time, without prior notice.
As part of our Platforms and/or Services, you may from time to time receive updates/upgrades to our Platforms and/or Services from us which may be automatically downloaded and installed to your device/systems or reflected on our websites. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of our Platforms and/or Services. You agree that we may automatically deliver such updates to you as part of our Platforms and/or Services and you shall receive and install them as required for continuous services.
OUR PLATFORMS AND/OR SERVICES
Our Platforms and/or Services are a third-party marketplace for customers like you ("Customers") to view, discuss, place orders for courier services, and pick-up and/or delivery goods/courier packages in connection therewith, with participating courier service providers (" Service Providers"), and we are a merchant of such order placement services only. Neither we, our Platforms nor our Services is/are a merchant of courier services, or any pickup or delivery services in connection therewith, and do not sell or control the Service Providers or the quality of any courier services, or any pick-up or delivery services therewith provided by the Service Providers.
On receiving an order from you, we will communicate your order requirement with the Service provider selected by you at the time of ordering and facilitate a pick-up of the parcel/courier package through such Service Provider.
The Service Providers have entered into agreements/arrangements with us to comply with state and central laws, rules, regulations and standards pertaining to courier services, sale, marketing and safety of courier packages. We, including our Platforms and/or Services, do not in any way verify the credentials or representations of any of the Service Providers, 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.
The Customers using our Platforms and/or Services must make themselves comfortable through the information provided by the Service Providers on our Platforms, by contacting the Service Providers directly, or through such other means or methods as they may deem appropriate, as to the quality of products and services and reliability of the Service Providers and the Service Providers' compliance with applicable laws.
We, including our Platforms and/or Services, do not in any way guarantee the quality of any Service Provider or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Service Provider may represent certain standards with respect to their courier services (or other services); we do not investigate or verify any such representations. We shall not be liable or responsible for any courier service or any other services, offered by the Service Providers or any errors or misrepresentations made by them (including on or through our Platforms and/or Services).
USER ACCOUNT AND REGISTRATION TERMS
Registering with us is a free service and you will receive a username and password upon completing the registration process or completing a transaction on our Platforms. 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. 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.
You are responsible for maintaining the confidentiality of the username and password, and you are fully responsible for all activities that occur through your user account.
You agree to:
(a) Immediately notify us 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.
(e) Once you add your pickup address you can not change it.
(f) Your payment will be transfer to your wallet once your product/ packet/ parcel is delivered and your payment will be transferred into your bank account every 15th-18th and 30th-3rd date of month. This condition APPLY FROM 16-03-2016.
(g) All Member need to keep Rs.500 in wallet all time as per security deposit ( refundable), This deposit only transfer when account will be closed.
(h) If any state where you are sending product/ packet/ parcel etc and that state applies VAT & Entry tax on transportation of your product/ packet/ parcel etc then you have to fill Sale Tax Form and hand over printout of SaleTax Form to courier person. You can easily download the form Click here
(i) *Estimated Pickup & Delivery date. Pickup / Delivery applicable as per the Service Provider's policies. ePickr.com not responsible if any shipment not deliver as mentioned days. those days time just for showng Estimated time, ePickr.com not gives any guarantee to deliver in selected time period.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate or block your access to our Platforms and/or Services and your user account with us.
As per our current pricing policies, your access to and use of our Platforms and/or Services and membership thereto is currently free for you. However, we reserve the right to charge a fee and change our policies from time to time. We reserve the right, without notice to you, to introduce new services and/or modify existing services along with fees. Introduction of fees or modification to any existing fees is effective immediately upon implementation/publication on our Platforms and/or Services.
In connection with your use of our Platforms and/or 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.
Surchage is GST (18% from 1st July 2017), which is as per govt. of India. When you use payment gateway to pay gateway charges 0% also added into surchage. If you pay from your epickr.com wallet, then not gateway charges are applied.
Wrong Weight Issue
A wrong weight and wrong dimensions can seized your package + rs.500 penalty. Also shipper need to pay extra charges of that weight, as courier partners sent us in bill of each month. That amount will be adjusted from user wallet amount before transfer to bank. We will share the extra weight with user each month by email and after 24hours we will adjust amount from user wallet amount.
State Entry Tax
Entry Tax is applied few states as per you can view at "http://www.epickr.com/page/Sale-Tax-Forms.html", Entry tax alway applied at value of item. Which needs to pay by shipper.
ORDERING AND PAYMENT
When you place an order through our Platforms and/or Services, you will be given a choice of payment options, including via credit/debit card, payment gateways, and/or direct payment to the applicable Service Provider. If you pay for your purchase via credit/debit card or payment gateways, we will ask for a valid card details or payment gateway's account details, as applicable, which will be billed, directly through our Platforms and/or Services, for the purchase price of the applicable order, and 'Saninfosoft.com' or 'ePickr.com' or such of our trade name will be the name that will appear on the payment statement/slip. As stated above, however, we, including our Platforms and/or Services, are not and shall not in any manner be considered the seller, dealer or supplier of any of the services ordered. If we and the applicable Service Provider have agreed, your credit card information may be provided to the Service Provider, and in such case, the Service Provider will bill you directly. You will be notified at the time of purchase if the Service Provider will be billing you directly and you hereby authorize us to transfer your credit card information to such Service Provider for processing.
CANCELLATION OF ORDER
We reserve the exclusive right to refuse or cancel any transaction/order for particular Service Provider(s) and/or services that are listed at an incorrect price or are not available. This is enforceable irrespective of order confirmation or payment confirmation. In such events, if the payment has been processed by us, then the amount will be refunded via the same mode of original payment and you will be notified of the same with a reasonable mode of communication. After placing an order, we will not entertain any request from you for order cancellations. Kindly refer to the Order Refund & Cancellation Policy for further details.
In case of online payments, we will only process the order after the payment has been processed and in case of "Cash on Pick-up" order payments, you shall duly make the payment to the Service Provider's personnel on his visit before your parcel is accepted for pick-up and delivery.
The pick-up, delivery and return of the courier packages will be subject to the service terms and conditions of the applicable Service Provider.
Reasonable care is taken by the Service Providers 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 service providers' FAQ's for further details.
We take customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Service Provider directly, but, if you have not been able to resolve your issue with the Service Provider to your satisfaction, please contact us and we will assist and try to resolve the issue through the Service Provider.
You shall be responsible for:
(a) placing the complete order online with us including but not limited to: (i) providing a correct description of the courier packages, (ii) designating the Service Provider 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 are made available for collection by the Service Provider 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; and
(d) ensuring that you do not ship goods which are dangerous in nature or are prohibited or restricted in law.
YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS
By using our Platforms and/or Services, you represent, warrant, and covenant that:
a. all registration information you submit are true, complete, current and accurate, and that you will maintain the accuracy of such information;
b. you will keep your password confidential and will be responsible for all use of your password and your account;
c. you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you above the age of 13 and that you have received the permission of your parents or legal guardian to use our Platforms and/or Services; and
d. your use of our Platforms and/or Services does not violate any applicable law.
Our Platforms and/or Services allow 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 Platforms and/or Services (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 us, our Platforms and/or Services 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 other;
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 our Platforms with communications or other traffic suggesting no serious intent to use our Platforms for its stated purpose;
h. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement 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 us 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 our Platforms and/or 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.
We have the right, in our 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 this Agreement.
We may accept, reject, or remove any Contributions, including courier service providers' reviews in our sole and absolute discretion, but we have absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a courier service provider, 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. Reviews are not endorsed by us (including our Platforms and/or Services), and such reviews do not represent our or our affiliates'/partners' views. We do 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 our Platforms and/or Services ("Submissions") provided by you to or via us or our Platforms and/or Services are non-confidential and we (as well as any of our designee) shall be entitled to an unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Our Platforms and/or Services are for your personal, non-commercial use only (unless specifically endorse or approved by us) . You may not access or use our Platforms and/or Services for any other purpose other than the legitimate review and request for courier services and pick-up and delivery services in connection therewith, provided by the Service Providers. Additionally, the following uses and activities of and with respect to us, including our Platforms and/or Services, are prohibited:
a. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
b. advertising to, or solicitation of, to buy or sell any products or services, unless authorized by us;
c. systematic retrieval of data or other content from our Platforms and/or Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
d. engaging in unauthorized framing of or linking to our Platforms and/or Services;
e. transmitting chain letters or junk email;
f. using any information obtained from our Platforms and/or Services in order to contact, advertise to, solicit, or sell to any user;
g. engaging in any automated use of our Platforms and/or Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
h. use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of our Platforms ;
i. interfering with, disrupting, or creating an undue burden/load on our Platforms and/or Services or the networks or services connected or linked thereto;
j. attempting to impersonate another user or person;
k. using the username of another user;
l. selling or otherwise transferring your profile;
m. using our Platforms and/or Services as part of any effort to compete with us or to provide services as a service bureau;
n. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of our Platforms and/or Services;
o. attempting to bypass any measures of our Platforms and/or Services designed to prevent or restrict access to our Platforms and/or Services, or any portion of our Platforms and/or Services;
p. harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of our Services;
q. refer to any website or URL that contains material that is inappropriate according to us;
r. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through our Platforms and/or Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
s. deleting the copyright or other proprietary rights notice from any Contribution or any portion of our Platforms and/or Services (including any content therein and thereof);
t. use our Platforms and/or Services or any content for any purpose that is unlawful or prohibited by this Agreement or applicable laws;
u. violate any of the terms and conditions of this Agreement or any other terms and conditions contained elsewhere within our Platforms and/or Services; and
v. copy any content, including, but not limited to courier service provider's price list or third-party reviews, for republication in print or online.
INTELLECTUAL PROPERTY RIGHTS
As between you and us, all of the content included in and as a part of our Platforms and/or Services including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics ("Content"), including all trademarks, service marks, and logos contained therein ("Marks"), including all know-how, trade secrets, inventions, goodwill and other intellectual property rights included in and as a part of our Platforms and/or Services ("IP") is the property of, owned by or is licensed to us, and are subject to copyright and other intellectual property rights under laws of India and foreign laws and international conventions. We reserve all rights in and to our Platforms, Services, Content, IP and Marks.
Subject to your agreement to, compliance with, and except as otherwise prohibited by, this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, non-assignable and personal license to access and make use of our Platforms and/or Services; the license granted hereby does not include any resale or commercial use of our Platforms, Services, Content, Marks and/or IP. If you download or print a copy of our Content for personal use in accordance with the limited license granted herein, you must retain all copyright notices and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our Platforms or features that prevent or restrict use or copying of any of our Content, Marks and/or IP or enforce limitations on use thereof.
Despite any use of the terms "purchase," "buy," "sell," "sale," or similar terms, the components of our Platforms and/or Services are only licensed to you under this Agreement to the extent expressly provided herein, and not sold.
THIRD PARTY WEBSITES AND CONTENT
Our Platforms and/or Services may contain, or you may be sent/redirected through our Platforms and/or Services to, links to other websites (" Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, verified or checked for accuracy, appropriateness, or completeness by us (including our Platforms and/or Services), and we (including our Platforms and/or Services) are not responsible for any Third Party Websites accessed through our Platforms and/or Services or any Third Party Content posted on, available through or installed from our Platforms and/or Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use, download or install any Third Party Content, you do so at your own risk and you agree that we (including our Platforms and/or Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Platforms or through the use of our Services or as may otherwise relate to any applications that you use or install from our Platforms or through our Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and we (including our Platforms and/or Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
We reserve the right, but do not have the obligation, to:
a. monitor our Platforms and/or Services and your use thereto for violations of terms of this Agreement;
b. take appropriate legal action against anyone who, in our sole and absolute discretion, violates the terms of this Agreement, including without limitation, reporting such person to law enforcement authorities;
c. in our sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent feasible) any user's Contribution or any portion thereof that may violate terms of this Agreement or any applicable policy issued by us;
d. in our sole and absolute discretion, remove from our Platforms and/or Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to our Platforms' and/or Services' systems; and
e. otherwise manage our Platforms in a manner designed to protect our rights and property and to facilitate the proper functioning of our Platforms and/or Services.
You agree that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby confirmed and acknowledged by you. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of our Platforms and receipt or use of data, content, products and/or our Services, the possibility of our review, use or display of your Contribution(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use our Platforms and/or Services. You may terminate your use or participation at any time, for any reason, by ceasing to use our Platforms and/or Services and notifying us.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR PLATFORMS AND/OR SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR PLATFORMS AND/OR SERVICES, DELETE YOUR PROFILE AND ANY CONTENT, CONTRIBUTION OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.
Upon such termination or discontinuance of this Agreement, your right to access and use our Platforms and Services will terminate immediately. You will remain liable for all amounts due under your user account up to and including the date of termination, if any. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination.
Any provisions of this Agreement that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfil such purposes.
If there is a dispute between you and any third party (including any Service Provider), you understand and agree that we (including our Platforms and/or Services) are 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 us (including our Platforms and/or Services), our 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 this Agreement or otherwise.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to our Platforms and/or 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 our Platforms and/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 Delhi, India, subject, however, to our right, at our sole and absolute discretion, to bring an action to seek injunctive relief to enforce this Agreement 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.
We cannot control the nature of all of the content available on our Platforms or through our Services, or the products and services being sold/provided by the Service Provider. By operating our Platforms and providing our Services, we do not represent or imply that we endorse any Service Provider, Contributions, or any other content or products available on or linked to our Platforms or through our Services, or that we believe any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on our Platforms or through our Services or in connection with any Service Providers, Contributions, or other third parties.
OUR PLATFORMS AND SERVICES AND ALL OTHER INFORMATION AND CONTENT IN RESPECT OF OUR PLATFORMS AND SERVICES AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON "AS-IS, WHERE-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR PLATFORMS AND/OR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVE AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR PLATFORMS AND/OR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR PLATFORMS' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR PLATFORMS' AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORMS AND/OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORMS AND/OR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORMS AND/OR SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR PLATFORMS OR THROUGH OUR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OUR PLATFORMS AND/OR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OUR PLATFORMS AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED ONLY TO THE EXTENT OF AMOUNT PAID, IF ANY, BY YOU TO US FOR THAT SPECIFIC ORDER PLACED BY YOU THROUGH OUR PLATFORMS AND/OR SERVICES IN RESPECT OF WHICH OUR LIABILITY ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. IN NO EVENT WILL OUR SUPPLIERS/SERVICE PROVIDERS HAVE ANY LIABILITY UNDER OR RESULTING FROM THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL AND INTEGRAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT WITHOUT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY PROVISIONS, WE WOULD NOT HAVE PROVIDED THE PLATFORMS AND/OR SERVICES TO YOU.
You agree to defend, indemnify and hold us, our 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 our Platforms and/or Services, including, without limitation your use in violation of this Agreement and/or applicable laws; and/or arising from a breach of this Agreement; and/or any breach of your obligations, representations, warranties, or covenants set forth in this Agreement; and/or arising from your courier packages.
Notwithstanding the foregoing, we reserve 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. We 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.
From time to time, we 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 seperately.
Except as explicitly stated otherwise, any notices to be given to us shall be given by email to firstname.lastname@example.org or such other email address as we 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. Notice shall be deemed to be given 24 hours after the email is sent.
For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement as if it were in hardcopy writing.
We may also choose to send notices by registered mail.
We 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 our Platforms 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 must not complain or take any action in law in case you get messages or emails from us or a third party. If you wish to not receive periodic informational communication from us or such third party, you can unsubscribe to the communication through your account settings.
Insurance against lost of product:
If you do insurance of your product it will be 5% of your product value. In case lost of your product we will refund the value of your product. Your product packing should be good. Damage of product is yours responsiblity, we are only responsible for lost of product.
The Carriers Conditions of Service
For all Deliveries, the following Carriers Conditions will apply:
1) Blue Dart: http://bluedart.co.in/conditions.html
2) First Flight: http://firstflight.net/termsofuse.asp
3) Professional: http://www.tpcindia.com/terms-conditions.aspx
4) DTDC: http://dtdc.com/web/dtdc-corp/terms
5) Fedex: http://www.fedex.com/in/legal_terms.html
6) Delhivery: http://www.delhivery.com/terms-and-conditions.html
Parties hereto are independent parties. This Agreement along with the Usage Rules constitutes the entire agreement between you and us regarding our Platforms and/or Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. All waivers by us will be effective only if in writing. The section titles/headings in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall operate to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, then that provision or part of the provision shall be deemed to be severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement and your account may not be assigned/transferred by you without our express prior written consent. We may assign any or all of our rights and obligations to any third party at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.