Last updated on 11th October 2017.
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.
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 805-A, 8th Floor, Skylark Building, 60, Nehru Place, New Delhi – 110 019, India, hereinafter referred to as “LogisticsKart”.
- (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).
- (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) “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.
- 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 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
firstname.lastname@example.org. Such pre-existing service providers will be mapped to the User’s account. Quotes received from such pre-existing service providers for specific enquiries will be displayed separately on the User’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.
- 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.
- 4.3 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 mapped 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 [insert URL].
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 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.
- 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. 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.
- 6.1.2 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.
- 6.1.3 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.
- 6.2 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 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.
- 6.2.4 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.
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.
- 7.2 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 Ratings and review provided by the Service Receiver towards the completed transaction shall be honest and fair.
- 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 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.
- 8.8 LogisticsKart shall not and is not required to mediate or resolve any dispute or disagreement between Users.
- 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 In the event, wherein the Website is accessed through a mobile phone, certain sections and/or features of the Website may not be accessible to the User.
- 8.13 Exchange rates, made available on the Website are under license from XE. http://www.xe.com/legal/dfs.php
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's 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;
- 9.1.18 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
- 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.
- 9.10 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.
- 9.12 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).
- 9.19 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 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.
11 CONTENT POSTED ON WEBSITE
- 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.
12 MODIFICATIONS TO THE WEBSITE
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 transactional updates. LogisticsKart strives to provide relevant and transactional Communication only.
- 13.2 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
email@example.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. 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 transactional messages from LogisticsKart.
- 13.3 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.
- 13.4 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.
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.
- 17.1 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.
18 CONTENT REMOVAL
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
- 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 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
21 ANTI-BRIBERY AND ANTI-CORRUPTION POLICY
22 THIRD PARTY CONTENT
- 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
- 23.3 The dispute, claim or controversy shall be finally settled through arbitration by the fast track procedure as specified in section 29B of the Arbitration and Conciliation Act, 1996.
- 23.4 For the avoidance of doubt, parties agree to waive any right to lead oral evidence and shall be precluded from raising any issues regarding the same post dispute.
- 23.5 The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be held in Delhi and be conducted in English.
24 LIMITATION OF LIABILITY
- 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.
- 25.2.2 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).
- 25.4 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.
- 25.6 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
28 GENERAL PROVISIONS
- 28.1 Notice: Any notice to be provided to LogisticsKart should be sent to 805-A, 8th Floor, Skylark Building, 60, Nehru Place, New Delhi – 110 019, India.
- 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.
- 28.9 User can contact LogisticsKart at
firstname.lastname@example.org 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.: +912249703173