Terms

Last updated on 11 July 2018.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of ‘www.logisticskart.com’ website, a property owned and operated by LogisticsKart.

The domain name www.logisticskart.com (hereinafter referred to as the “Website”) is owned by Logistics Kart (India) Private Limited (CIN: U63030DL2016PTC306988), a company incorporated under the Companies Act, 2013 and having its registered address at Okhla Phase I, D Block, New Delhi, Delhi, Pin 110020 India, hereinafter referred to as “LogisticsKart”.

For the purpose of these Terms of Use (as defined below), wherever the context so requires, the term:

  • (i) “Content” shall mean all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds and artwork displayed on the Website.
  • (ii) “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society or other entity (whether or not having separate legal personality).
  • (iii) “Services” shall mean the services as detailed under Clause 6 of these Terms of Use.
  • (iv) “Service Provider” shall mean any Person who is a logistics service provider seeking to offer the Services on the Website. Towards the same, the Service Provider has registered itself on the Website by providing the required registration information.
  • (v) “Service Receiver” shall mean any Person who is an importer and/or an exporter and seeks to avail the Services offered by LogisticsKart through its Website. Towards the same, the Service Receiver has registered itself on the Website by providing the required registration information.
  • (vi) “Transaction” shall mean the transaction in relation to logistics services that takes place offline between a Service Provider and a Service Receiver on the basis of the service offering / quotation provided through the Website.
  • (vii) “User” shall mean any Person who seeks to avail the Services of LogisticsKart and has registered itself on the Website. Registration shall be completed upon the User providing all the registration data as may be required by the Website. The User shall have to compulsorily register itself on the Website for availing the Services.

User’s use of the Website is governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, these Terms of Use including the policies constitute the User’s binding obligations towards LogisticsKart.

Certain terms may be defined in these Terms of Use and wherever such terms are used in these Terms of Use, they shall have the meaning so assigned to them.

For the purpose of these Terms of Use, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

Throughout these Terms of Use, LogisticsKart's prior written consent means a communication coming from LogisticsKart's [legal] department, specifically addressing the activity or conduct for which the User seeks authorization.

When the User avails the Services through the Website, the User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and they shall be deemed to be incorporated into this document and shall be considered as a part of these Terms of Use. LogisticsKart reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to the User. It is the User’s sole responsibility to review these Terms of Use periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. As long as the User complies with these Terms of Use, LogisticsKart grants the User a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. LogisticsKart reserves the right to charge the User, fees for availing of Services. User shall be intimated of the same by LogisticsKart.

All liabilities arising due to rejection of payment by User’s banks, acquiring banks, software providers, card associations, financial institutions and/or third-party service providers (collectively referred to as the “Facility Providers”) and/or LogisticsKart’s payment gateway service provider shall be to the account of the User. Indicative reasons for rejection of payment are enumerated below: LogisticsKart not having received necessary authorization from the payment gateway service provider; User’s card-issuing bank advises that the credit card number does not match any number on file; and Payment in respect of an order or the relevant instalment of the purchase price has already been made.

Accessing, browsing or otherwise using the Website indicates the User’s agreement to all the terms and conditions under these Terms of Use and otherwise contained on the Website. Users are advised to read the Terms of Use carefully before proceeding. The User also accepts and agrees to be bound by all LogisticsKart Policies (including but not limited to LogisticsKart Policies as amended from time to time) by impliedly or expressly accepting these Terms of Use.

1 WEBSITE

  • 1.1 The Website is a communication platform offered by LogisticsKart and seeks to be a one-stop-logistics-platform that brings together Service Providers and Service Receivers from across India, giving their businesses the benefit of direct access, competitive pricing, better choice and wider reach. Most features on the Website are available only to registered Users. The Website merely facilitates, Users’ interaction with each other for availing or providing logistics or complementary services and other ancillary services.
  • 1.2 LogisticsKart facilitates the exchange of information amongst the Users. Any contract for services will be a strictly bipartite contract between the Service Provider and the Service Receiver. The Website is provided to the User to enable them to connect with a larger base of Service Providers or Service Receivers.
  • 1.3 LogisticsKart provides the Service Receivers with competitive quotes from Service Providers for their enquiries, filtered and shortlisted as per the Service Receiver’s preferences and as per LogisticsKart’s analytical algorithms.
  • 1.4 LogisticsKart’s role ends at the acceptance of a quote by a Service Receiver, the actual contract, containing the terms agreed upon by the Users will be executed offline, without any involvement of LogisticsKart.

2 MEMBERSHIP ELIGIBILITY

Use of LogisticsKart is available only to Persons who can enter into legally binding contracts under Indian Contract Act, 1872 and can provide the relevant information required during registration on the Website. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents or person of unsound mind are not eligible to use the Website. Any Person under the age of 18 shall not register as a User of the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction on the Website may only be made by minor’s legal guardian or parents on the Website. LogisticsKart reserves the right to terminate any Users’ membership and/or refuse to provide such Person with access to the Website if it is brought to LogisticsKart’s notice or if it is discovered that such User is not eligible to use the Website.

3 USER’S ACCOUNT AND REGISTRATION OBLIGATIONS

  • 3.1 LogisticsKart makes the Services available to the Users through the Website only if the Users have provided LogisticsKart with certain required User information, including the registered office address, details of key management person(s), company information, key statistics of the business (“User Information”) and created an account (“Account”) through a login ID and password, (collectively, “Account Information”). The Services may also be subject to other terms, such as procedures for use of the Website, successful completion of KYC requirements of LogisticsKart by provision of requisite details such as User’s CIN/ PAN/ service tax registration number /IEC Code/ TAN/ MTO/ CHA License number.
  • 3.2 At the time of registration, the User may notify LogisticsKart, about its pre-existing service provider by writing to customercare@logisticskart.com. Such pre-existing Service Providers will be aligned to the Service Receiver’s account. Quotes received from such pre-existing Service Providers for specific enquiries will be displayed separately on the Service Receiver’s dashboard
  • 3.3 The Website also allows restricted access to certain free tools such as shipping schedules, government notifications related to the industry etc. for unregistered users. Further, LogisticsKart may procure rates from Service Providers for any specific trade lane or route or port pair and display for a specific period as a news flash visible to all Users and unregistered users on the Website.
  • 3.4 As and when requested for by LogisticsKart, the User shall submit details of all the statutory approvals, licenses and other registration(s) obtained by the User for the conduct of its business along with self-attested copies of approvals, license or registration certificates(s).

4 REGISTERED USERS

  • 4.1 Upon completing the registration form, the Users shall be registered users of the Website. LogisticsKart shall, upon registration, establish an account for the Users and assign a User ID ("User ID") and password ("Password") for accessing the Account.
  • 4.2 If a User registers on behalf of a business entity, the User represents that, (a) the User has the authority to bind the entity to these Terms of Use; (b) all other information submitted to LogisticsKart during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be the entity’s registered office as per the Registrar of Companies.
  • 4.3 By becoming a registered User, the User consents to the inclusion of its User Information in the Website’s on-line database and authorizes LogisticsKart to share the User Information with other Users, for providing the Services.
  • 4.4 LogisticsKart may refuse registration and deny access to the Website to any Person at its sole discretion. LogisticsKart may suspend or terminate a User’s membership at any time without any prior notification.
  • 4.5 LogisticsKart may provide User the option to create multiple sub-accounts under their primary Account. All activity that occurs through the sub-accounts will be aligned with the primary Account. For the avoidance of doubt, all references to ‘Account’, shall be deemed to include all sub-accounts as well.
  • 4.6 All action taken through the sub-accounts will be considered authorized by the primary Account and it will be responsible for all actions taken through the sub-accounts.
  • 4.7 The User will be responsible for maintaining the confidentiality of the Account Information, and shall be fully responsible for all activities that occur under its Account.
  • 4.8 The User agrees to (i) immediately notify LogisticsKart of any unauthorized use of its Account Information or any other breach of security, and (ii) ensure that the User signs out from its Account at the end of each session.
  • 4.9 LogisticsKart will not be liable for any loss or damage arising from the User’s failure to comply with Clauses 4.7 and 4.8. User may be held liable for losses incurred by LogisticsKart or any User due to the use of the User’s Account due to an act or omission attributable to the User.
  • 4.10 The User will not allow any third party to use the Account for the purpose of transacting activities in the name of the User on the Website.
  • 4.11 The User shall ensure that the Account Information provided by it on the Website is complete, accurate and up-to-date.
  • 4.12 In case Users wish to update or amend the information provided by them they may do so by visiting the ‘My Profile’ tab and clicking on the ‘Edit Information’ tab provided for the respective information sub-head that they wish to update or amend. It is clarified that, only Users with ‘Admin’ access can update or amend the said information.
  • 4.13 The User agrees that if he provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, outdated or incomplete) or if LogisticsKart has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, incomplete, or not in accordance with the Terms of Use or any other policy, LogisticsKart shall have the right to indefinitely suspend, block or terminate the User’s membership on the Website and refuse to provide the User with access to the Website.

5 INTERACTION BETWEEN USERS

  • 5.1 LogisticsKart strives to collect, compile and share authentic and accurate User information. LogisticsKart may also conduct verification of such information through an external third party. However, LogisticsKart does not guarantee or endorse the authenticity of the information provided by any User. Users are advised to independently verify and confirm the veracity of information pertaining to or provided by another User on the Website.
  • 5.2 LogisticsKart does not represent or endorse any Users in any transaction on the Website or communication.
  • 5.3 Users are solely responsible for all the Transactions that may originate from the Services provided on the Website. In the event of a dispute arising in such a Transaction, the User agrees to release and indemnify LogisticsKart (including all its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such Transaction.
  • 5.4 Users agree that they will not use the Website to send junk mail, chain letters or spam, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
  • 5.5 LogisticsKart reserves the right to add or modify or discontinue any of the features offered on the Website with a service with respect to any particular User or in general.
  • 5.6 Any negotiations and / or issues regarding a query / assignment between the Service Provider and the Service Receiver can be escalated to LogisticsKart to help identify a solution.
  • 5.7 Subject to the provisions of Clauses 1.4 and 8.6, in the event that the Service Receiver is not happy with the overall service of the Service Provider, then the same may be escalated by the Service Receiver to LogisticsKart and LogisticsKart shall, in good faith, endeavor to identify a solution to the issue at hand and to the best of its ability, assist the Service Receiver in resolving the same.

6 SERVICES

  • 6.1 For Service Receiver:
    • 6.1.1 LogisticsKart enables Service Receivers to create multiple enquiries for different types of logistics services for their shipment, receive competitive quotes from Service Providers, review and compare the quotes received from the Service Providers and accept the quote suitable to them.
    • 6.1.2 Upon receipt of quotes from multiple Service Providers, Service Receivers can, on the basis of various criteria for selection, shortlist upto 3 (three) Service Providers on the Website.
    • 6.1.3 Further, Service Receivers can negotiate the quotes received from such shortlisted Service Providers.
    • 6.1.4 Upon receipt of revised quotes from the shortlisted Service Providers, the Service Receiver at their sole discretion, can select any of the quotes received from the shortlisted Service Providers or any other Service Provider on the Platform.
    • 6.1.5 Upon commencement of the assignment between the Service Receiver and the finalized Service Provider, subject to the Service Provider updating the status of the shipments on the track and trace tool, the Service Receiver shall be able to ascertain the status of their shipments through the track and trace tool on the Website.
    • 6.1.6 Servicer Receivers shall also be able to view an aggregate of the reviews and the rating that they have received from various Service Providers as well as review and rate Service Providers.
    • 6.1.7 Service Receivers are permitted to cancel their enquiries at any time of the process. However, any such cancellation will need to be supported with appropriate justification. Any revision or modifications to an existing quote will require a cancellation and rebooking of the enquiry.
    • 6.1.8 Enquiries which did not receive any quotes shall expire after the deadline.
    • 6.1.9 However, in the event that the Service Provider has provided quotes, but the Service Receiver has not taken any action even after receipt of quotes from the Service Providers, the Website will automatically close the enquiry after expiry of a specified period with the comment ‘Quoted but no action’.
    • 6.1.10 Value added services – This feature allows LogisticsKart to raise enquiries on the Website on behalf of the Service Receiver. For further details the Service Receiver may reach out to LogisticsKart by way of sending an email to customercare@logisticskart.com.
  • 6.2 For Service Provider:
    • 6.2.1 Service Provider shall be able to view the enquiries received from various Service Receivers based on their criteria and selection of products, services and geographical locations supported and shall be able to submit quotes towards such enquires.
    • 6.2.2 Service providers will have the option of making changes to their quotes multiple times before the expiry of the submission deadline. Service Provider shall be able to view whether the quotes submitted by them have been accepted or rejected by the Service Receiver. In the event, wherein the enquiry altogether has been cancelled by the Service Receiver, the Service Provider will be notified of the same on the Website.
    • 6.2.3 Based on the quotes submitted by the Service Providers, at the sole discretion of the Service Receiver, few of the Service Providers may be shortlisted by the Service Receiver, who shall then negotiate the quotes received from such shortlisted Service Providers.
    • 6.2.4 Upon submission of revised quote by the Service Provider, existing quotes shall be overwritten with the revised quotes on the Website. Shortlisted Service Providers may modify and submit revised quotes until the revised deadline.
    • 6.2.5 Upon completion of the revised deadline, further modifications cannot be made.
    • 6.2.6 Service Provider shall be provided with a track and trace tool, which the Service Provider may update, to communicate the status of the shipment to the Service Receivers.
    • 6.2.7 Service Provider shall be able to view an aggregate of the reviews and the rating that it has received from various Service Receivers as well as review and rate Service Receivers. LogisticsKart may provide the Service Provider, with monthly reports, containing an analysis of the quotes provided by the Service Provider, with a comparison with other accepted or shortlisted quotes.
    • 6.2.8 In the event that the Service Provider receives an enquiry erroneously, then they can raise a ‘Claim’ from their account by clicking on the ‘Claim’ button and provide the reasoning for the same. LogisticsKart will receive, review and process the same by accepting or rejecting the ‘Claim’. If accepted, the Service Provider shall get an additional free enquiry. However, ‘Claim’ can only be made towards new enquiries received by the Service Provider.
    • 6.2.9 Value added services – This feature allows Logistics Kart to assist posting quotes on the Website. However, LogisticsKart shall not post the same on the Website without the prior approval of the Service Provider. Information about the quote to be posted may be shared by the Service Provider with LogisticsKart by way of sending an email to customercare@logisticskart.com.
  • 6.3 Concluding Deals / Long-term contracts:
    • 6.3.1 In addition to posting a general enquiry on the Website, Service Receivers can also enter into long term contracts with Service Providers through Logistics Kart.
    • 6.3.2 All terms of such an engagement between the Service Provider and the Service Receiver should be clearly articulated upfront between the Parties to avoid any ambiguity later. Logisticskart does not guarantee and/or is not responsible for failure by the Service Receiver to provide any new and/or continued assignments to the Service Provider.

7 KEY OBLIGATIONS

  • 7.1 Service Provider
    • 7.1.1 Upon the price quote submitted by Service Provider being accepted by the Service Receiver, it shall be binding on the Service Provider to complete the Transaction as per the quote submitted.
    • 7.1.2 Upon the price quote submitted by Service Provider being accepted by the Service Receiver, Service Provider shall solely be responsible and liable for rendering and successfully completing the Transaction in relation to enquiry received from the Service Receiver.
    • 7.1.3 Service Provide shall not contact the Service Receiver or its employees with regard to the enquiry or the quote till the enquiry is pending a final decision from the Service Receiver.
    • 7.1.4 Service Provider shall from time to time, update the Service Receiver of the status of the shipment, by updating the track and trace tool to communicate the status of the shipment.
    • 7.1.5 Service Provider shall ensure that it shall at all times have the competence, expertise, infrastructure, capability and adequate resources to complete the Transaction in accordance with best-in-class industry standards.
    • 7.1.6 It is understood and expressly agreed that the resources for rendering the Transaction shall, for all intents and purposes and at all times, be and remain the resources of the Service Provider and shall perform the duties / obligations to the entire satisfaction of the Service Taker. It is the duty of the Service Provider to apprise and train the resources to ensure such the entire Transaction is performed as per the request of the Service Receiver and resources shall observe office rules, regulations and discipline when deployed. For any negligence, disorderly behavior or misconduct by the resources deployed by the Service Provider for rendering of the Service, the Service Provider shall be solely responsible. Any such instances shall be reported to the Service Provider and such non-compliant resource shall be forthwith withdrawn and shall not be deployed to the Service Receiver at any time thereafter by the Service Provider.
    • 7.1.7 Service Provider shall comply with and undertake to comply with all applicable laws including but not limited to Minimum Wages Act, Workman’s Compensation Act, the Employee State Insurance Act, Provident Fund Act, and Miscellaneous Provisions Act, Payment of Bonus Act, and more particularly with the Contract Labour (Regulation and Abolition) Act, 1970, if applicable, for carrying out the purpose of this Agreement etc., as also any other rules or regulations for time being in force, whether Central, State, Municipal or otherwise, related or pertaining to the execution or performance of this Agreement and shall follow standard procedures, health and safety norms at the workplace.
    • 7.1.8 Ratings and review provided by the Service Provider towards the completed Transaction shall be honest and fair.
    • 7.1.9 Once a Service Receiver has been introduced to a Service Provider by Logistics Kart, the Service Provider should ensure that all future business transactions should be transacted using the Logistics Kart platform and no offline transactions should be solicited with such Service Receivers.
  • 7.2 Service Receiver
    • 7.2.1 Service Receiver shall submit enquiries with the intention of closing the Transaction with a suitable Service Provider and shall not engage in any price phishing activities.
    • 7.2.2 In case where an enquiry is cancelled by the Service Providers, the Service Receiver will have to provide LogisticsKart with a true and brief explanation on the reason for rejection of quotes.
    • 7.2.3 In the event wherein there are consecutive or frequent rejection of quotes by the Service Receiver, LogisticsKart may, at its sole discretion suspend and/or terminate the User’s account or bar the User from using the Website or availing any services provided by the Website.
    • 7.2.4 Upon successful completion of the Transaction by the Service Provider, Service Receiver shall make prompt payment to the Service Provider as per the terms and conditions of the quote submitted by the Service Provider. LogisticsKart does not receive any part of the payments and is not responsible to resolve the issues between Service Provider and Service Receiver.
    • 7.2.5 In the event of any delay in the Service Receiver making payment of the service charges to the Service Provider beyond the invoice due date or credit period, agreed to between the Service Receiver and the Service Provider, then the Service Provider, shall at its sole discretion be entitled to impose penal interests calculated from the date the service charges were payable, to the date of actual payment of the outstanding amount by the Service Receiver and the Service Receiver shall be liable to pay, all such dues together with any penal interests as may be imposed by the Service Provider on the amounts due.
    • 7.2.6 Upon the Service Receiver agreeing to entering into a long-term contract with a specific Service Provider, then the Service Receiver should route all their enquiries through the Website and not enter into any offline transactions with the Service Provider.
    • 7.2.7 Ratings and review provided by the Service Receiver towards the completed Transaction shall be honest and fair.

8 DISCLAIMER

  • 8.1 At any time if, LogisticsKart believes that the Services are being utilized by the User in contravention of the terms and provisions of this Terms of Use, LogisticsKart shall have the right to forthwith remove/ block/ close the Account of the User and furnish such details about the User upon a request received from the legal/statutory authorities or under a court order.
  • 8.2 Nothing contained on the Website creates any contract or right of action against LogisticsKart. It is offered solely as a service to Users and LogisticsKart makes no warranties, express or implied, regarding the information contained on the Website, including the User Information shared with Users.
  • 8.3 LogisticsKart, its agents, employees, third party content suppliers, content managers and related Persons and entities are hereby released from all refunds or warranties, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Services.
  • 8.4 The Website and all the Services provided to the User are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, LogisticsKart does not represent or warrant that:
    • 8.4.1 The Website will be constantly available, or available at all; or
    • 8.4.2 the information on the Website is complete, true, accurate or non - misleading.
  • 8.5 LogisticsKart will not be liable to the User in any way, in connection with the Website. LogisticsKart does not warrant that the Website, Services included on or otherwise made available to the User through the Website, their servers, or electronic communication sent from LogisticsKart are free of viruses or other harmful components.
  • 8.6 LogisticsKart does not guarantee and is not responsible for any non-performance or breach of any contract entered into between Users, including but not limited to:
    • 8.6.1 Non-fulfillment of any contract by the Service Provider or Service Receiver, for any reason whatsoever;
    • 8.6.2 Cancellation of the work assignment by the Service Receiver after accepting the quote provided by the Service Provider;
    • 8.6.3 Non-payment of any of the dues, due and payable by the Service Receiver to the Service Provider;
    • 8.6.4 Any dispute over incorrect / deficient / mediocre / unsatisfactory / detrimental services provided by the Service Provider.
    • 8.6.5 Any dispute between Users for any damages or injury (including death) caused by, derived from or associated with the Users’ Transaction with each other.
  • 8.7 The above qualifications enumerated in Clause 8.6 shall extend to all long-term contracts entered into between Service Receivers and Service Providers as well.
  • 8.8 The quality and/or quantity of quotes received from Service Providers by the Service Receivers is entirely dependent on the information provided by the Service Receiver at the time of making an enquiry, LogisticsKart does not guarantee receipt of any number of quotes nor does LogisticsKart screen the quotes for relevance. LogisticsKart does not guarantee availability of Service Providers for the purpose of any Service Receiver’s requirements.
  • 8.9 LogisticsKart has endeavored to ensure that all the information on the Website is correct, however LogisticsKart neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained on the Website. LogisticsKart disclaims any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other Person, arising out of or in connection with the use of the information, data and/or materials contained on the Website.
  • 8.10 Nothing on the Website constitutes, or is meant to constitute as advice provided or recommendation made by LogisticsKart.
  • 8.11 LogisticsKart displays on the Website an indicative representation of the number of importers, exporters, custom house agents, transporters, etc. present on the Website, as per information provided by its Users. This number however, does not constitute an absolute representation or guarantee pertaining to the Users on the Website.
  • 8.12 Exchange rates, made available on the Website are under license from XE. http://www.xe.com/legal/dfs.php
  • 8.13 Following charges levied by Facility Providers on LogisticsKart and/or LogisticsKart’s payment gateway service provider, shall be to the account of the User and shall be deducted from the User’s credit available in their Account: the sum of all fees denied, refused, or charged back by the User or the Facility Providers; all inquiries, disputes, cancellations and refunds that may be processed on the account of the payment gateway services provider on the fees paid by the User; any taxes, penalties, rolling reserves, charges or other items that may be processed on the account of the payment gateway service provider and is reimbursable by LogisticsKart to the payment gateway service provider; any amounts due which may be reimbursable by LogisticsKart to the payment gateway service provider; any charges, penalties or any amount imposed upon the payment gateway service provider with respect to any transaction on the Website by the User; any bank fees, transaction fees or service penalty fees incurred by the payment gateway service provider due to charge backs or excessive refunds; and payment gateway service provider’s transaction discount rates for any transaction on the Website by the User and refunds processed on account of User’s fees.

9 USE OF THE WEBSITE

  • 9.1 User agrees, undertakes and confirms that its use of Website shall be strictly governed by the following binding principles contained herein below. User shall not host, display, upload, modify, publish, transmit, update or share any information that:
    • 9.1.1 belongs to another Person and to which User does not have any right to;
    • 9.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • 9.1.3 is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • 9.1.4 is misleading in any way;
    • 9.1.5 harasses or advocates harassment of another Person;
    • 9.1.6 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    • 9.1.7 infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a Person's name, email address, physical address or phone number) or rights of publicity;
    • 9.1.8 promotes an illegal or unauthorized copy of another Person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • 9.1.9 contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • 9.1.10 provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • 9.1.11 provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
    • 9.1.12 contains video, photographs, or images of another Person (with a minor or an adult);
    • 9.1.13 tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    • 9.1.14 engages in commercial activities and/or sales without LogisticsKart’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
    • 9.1.15 solicits gambling or engages in any gambling activity which LogisticsKart, in its sole discretion, believes is or could be construed as being illegal;
    • 9.1.16 interferes with another User's use and enjoyment of the Website;
    • 9.1.17 refers to any Website or URL that, in LogisticsKart’s sole discretion, contains material that is inappropriate for the Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
    • 9.1.18 harm minors in any way;
    • 9.1.19 infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or fraudulent;
    • 9.1.20 violates any law for the time being in force;
    • 9.1.21 deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • 9.1.22 impersonates another Person;
    • 9.1.23 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    • 9.1.24 threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    • 9.1.25 directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
    • 9.1.26 creates any liability for LogisticsKart or causes LogisticsKart to lose (in whole or in part) the services of its internet service provider ("ISPs") or other suppliers.
  • 9.2 Users are requested to report any violations of this policy at customercare@logisticskart.com.
  • 9.3 User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. LogisticsKart reserves its right to bar any such activity.
  • 9.4 User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  • 9.5 User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
  • 9.6 User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about LogisticsKart or the brand name or domain name used by LogisticsKart, or otherwise engage in any conduct or action that might tarnish the image or reputation, of LogisticsKart or otherwise tarnish or dilute any of LogisticsKart’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by LogisticsKart. User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or LogisticsKart’s systems or networks, or any systems or networks connected to LogisticsKart.
  • 9.7 User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other Person's use of the Website.
  • 9.8 User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to LogisticsKart on or through the Website or any service offered on or through the Website. User may not pretend that he is, or that he represents, someone else, or impersonate any other individual or entity.
  • 9.9 User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of LogisticsKart and / or others.
  • 9.10 User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding the User’s use of Services and User’s solicitation of offers to obtain services.
  • 9.11 It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another Person, or in order to contact, advertise to, solicit, to another Person other than LogisticsKart without its prior explicit consent.
  • 9.12 The User understands that LogisticsKart has the right at all times to disclose any information (including the identity of the Persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, LogisticsKart can (and the User hereby expressly authorizes LogisticsKart to) disclose any information about the User to law enforcement or other government officials in accordance to law and including but not limited to the Information Technology(Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Information Technology (Procedure for Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, or any other law as LogisticsKart, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  • 9.13 The User acknowledges that LogisticsKart is required to report cyber security incidents related information with appropriate authority and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
  • 9.14 User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. LogisticsKart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  • 9.15 It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that the User may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about the User due to its use of the Website, and that the recipient may use such information to harass or injure the User. LogisticsKart does not approve of such unauthorized uses, but by using the Website the User acknowledges and agrees that LogisticsKart is not responsible for the use of any personal information that the User publicly discloses or shares with others on the Website. Users are advised to carefully select the type of information that they publicly disclose or share with others on the Website.
  • 9.16 The User acknowledges that the role of LogisticsKart is limited to providing access to the Website, over which information is made available by third parties. LogisticsKart does not initiate the transmission of such information neither does it select the receiver or modify the information contained in such information.
  • 9.17 LogisticsKart shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  • 9.18 Any software that is available on the Website or generally created by LogisticsKart for the purposes of provision of Services is the property of LogisticsKart or its vendors, the Users may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written consent of LogisticsKart.
  • 9.19 LogisticsKart will not be party to any legal proceedings between the Users. In case LogisticsKart is implicated in any legal proceedings, costs will be recovered from the party that names LogisticsKart, however LogisticsKart will abide with any court order served on it through due process.
  • 9.20 In case a person using the world wide web/internet receives a spam or virus which includes a link to www.logisticskart.com or to any other site maintained, operated or owned by LogisticsKart, it will not be held responsible for the same. LogisticsKart assumes no responsibility for such mails.

10 REVIEWS AND FEEDBACK

  • 10.1 To ensure quality user experience on the Website, LogisticsKart provides Users with the facility of rating and reviewing their experiences with Service Providers and/or Service Receivers.
  • 10.2 After completion of every Transaction, the User has to provide its ratings and review. A reminder for completion of this process will be triggered at the end of 45 days from the acceptance of the Transaction online on the Website between the service provider and service receive and at periodic intervals subsequently
  • 10.3 A summary of reviews and ratings across received by Users across all Transactions will be summarized and presented on the User dashboard. However individual ratings received by a User will not be available on the dashboard and the ratings will only be an average rating across all reviews and ratings.
  • 10.4 If the User chooses to not provide its ratings or reviews before the Review Deadline, LogisticsKart may provide an “average” rating on behalf of the User.
  • 10.5 Information submitted through the reviews and ratings tool does not reflect the opinion of LogisticsKart and solely reflects the personal opinion of the parties to the Transaction. LogisticsKart is a neutral platform, which solely provides a means of communication for Service Providers and Service Receivers.
  • 10.6 If the aggrieved User believes that any particular review and/or rating violates LogisticsKart’s policies, such User can flag the review to the attention of LogisticsKart. LogisticsKart may remove the review in its sole discretion if in the view of LogisticsKart, such review is in violation of these Terms of Use, or its guidelines and policies.

11 CONTENT POSTED ON WEBSITE

  • 11.1 Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without LogisticsKart’s express prior written consent.
  • 11.2 The User may use information on the Website for downloading, provided that (1) the User does not remove any proprietary notice language in all copies of such documents, (2) the User uses such information only for its personal, non-commercial informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, (3) the User does not make modifications to any such information, and (4) the User does not make any additional representations or warranties relating to such documents.
  • 11.3 The User shall be responsible for any Content or other materials or information posted or transmitted by it to the Website. Such Content will become LogisticsKart’s property and the User grants LogisticsKart, worldwide, perpetual and transferable rights in such Content. LogisticsKart shall be entitled to, consistent with its Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content that the User may provide. The User agrees that any Content that he may post may be used by LogisticsKart, consistent with LogisticsKart and Privacy Policy on the Website as mentioned herein, and the User is not entitled to any payment or other compensation for such use.

12 MODIFICATIONS TO THE WEBSITE

  • 12.1 LogisticsKart reserves the right to change these Terms of Use, other conditions, and notices under which the Services are offered, including but not limited to the changes associated with the use of the Services and changes on account of legal and/or statutory amendments. The User is responsible for regularly reviewing these terms and conditions and is advised to regularly check for any amendments or updates to these Terms of Use and other conditions contained on the Website. All amendments become effective immediately upon their posting on the Website.
  • 12.2 User’s continued use of the Website will signify its acceptance of the changed terms of use.

13 MAILING AND SMS SERVICES

  • 13.1 By providing information to LogisticsKart that facilitates LogisticsKart’s communication with User on its email address and/or contact number the User consents to receive email or SMS notifications (“Communications”), for any LogisticsKart related or non-promotional updates. LogisticsKart strives to provide relevant and non-promotional Communication only.
  • 13.2 In case Users do not want to receive communications from their account with LogisticsKart, then they can send an email to customercare@logisticskart.com. for further assistance
  • 13.3 In the event that Users receive any commercial or promotional emails or SMS from LogisticsKart that they had not agreed to receive, Users may notify in writing to LogisticsKart at customercare@logisticskart.com. LogisticsKart shall endeavour to ensure that no such communication is forwarded to the User within [15(fifteen)] days of receipt of the opt-out message from the User.
  • 13.4 Users are advised to provide only their own communication details and not of any other person they are not authorised to provide or use. Users cannot opt out of receiving non-promotional messages from LogisticsKart.
  • 13.5 The User has the right to notify LogisticsKart that he no longer wishes to receive solicitations or information from LogisticsKart and its name will be removed from the general solicitation database.
  • 13.6 Unsubscribing from the general solicitation database will result in complete cessation of Services, which includes but is not limited to intimation about Services, communication from LogisticsKart.

14 COMPLIANCE WITH LAWS

The User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under, the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Export Import Policy of Government of India, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976, Foreign Trade (Development and Regulation) Act, 1992 and the rules made there under, Income Tax Act, 1961 and the rules made there under), applicable to them respectively for using the Website and the Services provided by the Website.

15 INDEMNITY

The User shall indemnify and hold harmless LogisticsKart, its promoters, directors, employees, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms of Use, the Privacy Policy and/or other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

16 TRADEMARK, COPYRIGHT AND RESTRICTION

  • 16.1 All material on the Website, including the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property laws. The User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means directly or indirectly, also, the User must not assist any other Person to do so. Without the prior written consent of LogisticsKart, modification of the materials, use of the materials on any other website or networked computer environment for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User may receive any remuneration, whether financially or otherwise, is a commercial use for the purposes of this Clause.
  • 16.2 LogisticsKart reserves the right to refuse or to withdraw the right to use any such material for non-commercial use in the future.

17 CONFIDENTIALITY

  • 17.1 Users shall during and after the terms of this agreement, keep in strict confidence and consider as proprietary, all information of a commercial nature, including business and financial information of each party and agreement and arrangement between the parties and all information of a technical nature, business opportunity information, provided or disclosed to or consulted by any party except such technical information which is on or become part of the public domain or which it already had in its possession. For the avoidance of doubt, it is clarified that the User shall not be entitled to download, process or forward any information, including but not limited to information that are uploaded on the Website, even if such information is available publicly as such information / data would fall within the purview of proprietary information of LogisticsKart.
  • 17.2 The obligation of confidentiality shall be applicable in the event of any disclosure required by regulatory authority or pursuant to any applicable law, provided however that the other party to these Terms of Use is intimated of the same at the earliest opportunity.

18 CONTENT REMOVAL

LogisticsKart reserves the right, at any time and without prior notice, to remove, block, or disable access to any content that LogisticsKart, for any reason or no reason, consider to be objectionable, in violation of these Terms of Use or otherwise harmful to the Services or users of the Website in the sole discretion of LogisticsKart. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at the sole discretion of LogisticsKart.

19 PROFANITY POLICY

  • 19.1 LogisticsKart prohibits the use on the Website of language that is racist, hateful, sexual or obscene in nature.
  • 19.2 This profanity policy is extended to text within listings, and on all other areas of the Website that User or any other Person may view. If the profane words are part of a title for the User, LogisticsKart allows the User to blur out the bulk of the offending work with asterisks (i.e. s**** or f****).
  • 19.3 Users are requested to report any violations of this policy at customercare@logisticskart.com.
  • 19.4 If a feedback, comment; or any communication made between Users on the Website; or e-mail communication between Users in relation to Transactions or any other transactions conducted on the Website contain profanity, Users are advised to review LogisticsKart’s feedback removal policy and submit a request for action/removal.
  • 19.5 Disciplinary action may result in the indefinite suspension of a User’s Account, temporary suspension, limits placed on User’s Account privileges, loss of special status or a formal warning.
  • 19.6 LogisticsKart may consider the circumstances of an alleged policy violation and the User’s records before taking action.

20 SUSPENSION / BLACKLISTING OF USER

In addition to and without prejudice to any other rights of LogisticsKart in these Terms of Use or otherwise available to it in law, upon receipt of complaint from any User or any Person with regards to the User having committed fraud / embezzlement / criminal breach of trust / cheating / falsification of any information provided on the Website, misuse of data, breach of confidentiality, willful default, LogisticsKart may suspend conduct of business with the User for an indefinite period of time pending inquiry into the complaint. LogisticsKart may issue a show cause notice to the User seeking explanation for the lapses committed by it and the User shall submit to LogisticsKart a written explanation within the stipulated time period as mentioned in the show cause notice. In the event of non-submission of the written explanation by the User within the stipulated time period or the explanation adjudged unsatisfactory by LogisticsKart, LogisticsKart at its sole discretion shall (a) blacklist the User; (b) delete the User Account; (c) remove all information pertaining to the User from the Website and (d) stop the User from accessing the Website.

21 ANTI-BRIBERY AND ANTI-CORRUPTION POLICY

Parties agree to conduct all their dealings in a very ethical manner and with the highest business standards. Users agrees to comply with “Anti-Bribery and Anti-Corruption Policy” and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with LogisticsKart or any other third parties for the purpose of this Terms of Use. Any instances of such violations will be viewed in a serious manner and LogisticsKart reserves the right to take all appropriate actions or remedies as may be required under the circumstances. The User will provide all possible assistance to LogisticsKart in order to investigate any possible instances of unethical behavior or business conduct violations by an employee or hired person of the User.

22 THIRD PARTY CONTENT

  • 22.1 Services may include or link to content that belong to third parties (“Third Party Content”). User’s use of such Third Party Content shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding third party.
  • 22.2 LogisticsKart may obtain publicly available data, such as, notifications issued by relevant government authorities, news articles, etc. available from such third parties. However, LogisticsKart does not control, represent or endorse the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services.
  • 22.3 LogisticsKart does not screen or investigate Third Party Content before or after including/linking it to the Website. LogisticsKart reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Third Party Content accessible on the Website. Further, LogisticsKart may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Content included/linked to the Services, wherever deemed appropriate by LogisticsKart, but shall not be liable for any delay or inaccuracies related to such updates.
  • 22.4 LogisticsKart does not endorse any advertising, products or other materials on or available from such third parties and assumes no responsibility or liability for any Third Party Content.
  • 22.5 Third Party Content does not reflect the views of or does not constitute as advice by LogisticsKart or that of LogisticsKart’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

23 GOVERNING LAW AND JURISDICTION

  • 23.1 This Terms of Use shall be construed and governed by the laws of India.
  • 23.2 Upon any dispute, claim or controversy arising out of, in relation to or in connection with this Terms of Use, the Parties shall first attempt to resolve such dispute, claim or controversy through good faith consultations. If the dispute, claim or controversy is not resolved through good faith consultations within 30 (thirty) days after either party has delivered a written notice to the other party requesting the commencement of consultation, then the dispute, claim or controversy shall be subject to the exclusive jurisdiction of the courts at Delhi and the User hereby accedes to and accepts the jurisdiction of such courts.

24 LIMITATION OF LIABILITY

  • 24.1 In no event shall LogisticsKart be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, the Service or the use of the Website, even if the User has been informed in advance of the possibility of such damages.
  • 24.2 Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of LogisticsKart vis-à-vis any User, regardless of the form of claim be INR 100/- (Rupees One Hundred only).
  • 24.3 The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

25 TERMINATION

  • 25.1 The Terms of Use will continue to apply until terminated by either the User or LogisticsKart as set forth below. If the User wants to terminate their agreement with LogisticsKart, the User may do so by (i) not accessing the Website; or (ii) closing their Account/s for all of the Services that they use, where LogisticsKart has made this option available to the User; or (iii) by any other means as agreed to between the User and LogisticsKart.
  • 25.2 LogisticsKart may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual additional terms) with the User if:
    • 25.2.1 The User breaches any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that User does not intend to, or are unable to, comply with the same);
    • 25.2.2 LogisticsKart is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful);
    • 25.2.3 The provision of the Services to the User by LogisticsKart is, in LogisticsKart’s opinion, no longer commercially viable; or
    • 25.2.4 LogisticsKart has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof).
  • 25.3 LogisticsKart may, at its sole discretion, also terminate or suspend all or a portion of the User’s Account or access to the Services with or without reason, especially in case of breach by the User of the terms and conditions mentioned in Clause 7 of this Terms of Use. Except as may be set forth in any additional terms applicable to a particular Service, termination of the User’s Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of the User’s materials and Account Information, including their personal information, log-in ID and password, and all related information, files and materials associated with or inside the User’s Account (or any part thereof); and (iii) barring of further use of the Services.
  • 25.4 The User agrees that all terminations shall be made in LogisticsKart's sole discretion and that LogisticsKart shall not be liable to the User or any third party for any termination of the User’s Account (and accompanying deletion of User information), or User’s access to the Website and Services.
  • 25.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until LogisticsKart chooses to terminate them.
  • 25.6 If the User or LogisticsKart terminates User’s use of the Website, LogisticsKart may delete any content or other materials relating to the User’s use of the Website and LogisticsKart will have no liability to the User or any third party for doing so.

26 FORCE MAJEURE

LogisticsKart will not be held liable for loss of any data technical or otherwise, or of the information/data or particulars supplied by Customers and Users, due to acts of God as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond LogisticsKart’s reasonable control including but not limited to strikes, riots, civil unrest, government. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.

27 CONTACT US

Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Website to customercare@logisticskart.com.

28 GENERAL PROVISIONS

  • 28.1 Notice: Any notice to be provided to LogisticsKart should be sent to Okhla Phase I, D Block, New Delhi, Delhi, Pin 110020, India.
  • 28.2 Assignment: The User cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party.
  • 28.3 Severability: If any of these Terms of Use are deemed invalid, void, or for any reason unenforceable, that part of the Terms of Use will be deemed severable and will not affect the validity and enforceability of any remaining terms.
  • 28.4 Waiver: Any failure by LogisticsKart to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by LogisticsKart of that provision or right.
  • 28.5 Relationship: The relationship between the User and LogisticsKart is an independent relationship and the Terms of Use shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the User and LogisticsKart.
  • 28.6 LogisticsKart provides these Terms of Use on the Website so that the User is aware of the terms that apply to their use of the Website and the Services.
  • 28.7 The User assures LogisticsKart that as long as the User is a valid registered User of the Website, it will not source any employee of LogisticsKart.
  • 28.8 The User agrees and acknowledges that the Website is an online portal and is susceptible to downtimes, crashes or other such technical issues for which LogisticsKart shall not be responsible in any manner whatsoever. Nothing contained in these Terms of Use shall be deemed to be a warranty implied or otherwise as to the availability of the Website at all times. The Website will be available, subject to any scheduled or unscheduled downtime. LogisticsKart cannot guarantee availability of the World Wide Web.
  • 28.9 User can contact LogisticsKart at customercare@logisticskart.com for any service requests.

29 GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Samir Kumble
Unit no. 25, Aditya Industrial Estate,
Chincholi Bunder Road,
Malad West, Mumbai – 400064, India.
Contact No.: +912249725173
samir@logisticskart.com