Terms of Use: Cargo Owner

All our patrons are requested to please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.

The Terms of Use stated herein (collectively, the "Terms of Use" or this "Agreement") constitute a legal agreement between you and Decker Logistics Pvt. Ltd (the “Company”) for the use in India for ‘Microshipments’ (the "Brand Name") an online technology platform. In order to use the Service (each as defined below) you must agree to the Terms of Use. You hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at www.microshipments.com

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. You agree that it shall be your responsibility to review the Terms of Use regularly.

The Company is a Logistics technology company that does not provide air freight services directly. It provides a Logistics Ecosystem, a neutral venue platform that facilitates linking cargo shipment with stakeholders who are third party logistics service providers to offer shipment services to you and it is up to you to accept such shipment services. The service of the company is to link you with such logistics service providers but does not nor is it intended to provide shipment services or any act that can be construed in any way as an act of a logistics service provider. The company is neither responsible nor liable for the acts and/or omissions of any logistics service provider and/or any logistics services provided to you. Hence, all communication is the sole responsibility of the users only. Microshipments is not responsible for any dispute or fall out that may occur between two parties at any point of time.

These terms and conditions (“User Terms”) apply to Your visit to and use of the Application using the internet or through a mobile phone, as well as to all information, recommendations and or services provided to You on or through the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use as well as the company/organization you represent. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity You may only access the Service using authorized means. The Company reserves the right not to permit you to use the Service should you use the Software with an incompatible or unauthorized device or for purposes other than which the Software is intended to be used. By using the Software, you agree that:

• • You will only use the Service for lawful purposes; for which it is intended to be used;
• • You will not use the Software for sending or storing any unlawful material or for fraudulent purposes;
• • You will not use the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
• • You shall not contact the Third Party Logistics Service Provider for purposes other than the Service;
• • You will not impair the proper operation of the network;
• • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
• • You will not try to harm the Service, the Software in any way whatsoever;
• • You will not copy, or distribute the Software or other content without written permission from the Company;
• • You will only use the Software for your own use and will not resell it to a third party;
• • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• • You will provide us with whatever proof of identity we may reasonably request or require;
• • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice

Copyright & Software

The content of this website is protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of the Company. Downloading any data from the website is prohibited. Any software made available to operate this Site and/or to download materials from it (the "Software") is the copyrighted work of Microshipments. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and facilitating transactions. You may use this Software only for this purpose. Under no circumstances, you shall redistribute, sell, disassemble or otherwise deal with the Software.

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

Cancellation Policy

When either party has to cancel AFTER a BID was accepted on Microshipments but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on Microshipments will not be performed. When you request a cancellation, the other party will be notified and will have 24 hours to respond by either:

1. 1. Accepting the cancellation and your reason;
2. 2. Accepting the cancellation but providing their own reason and/or comments; or
3. 3. Disputing the reason for cancellation and requesting review by Microshipments staff.

If your Request for Cancellation is accepted by the other party, the match will be cancelled and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the request will be sent to ValueShipr and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 24 hour period, the cancellation and reason will be automatically accepted (Case a). The action post this will be done in mutual consultation with the affected parties.

Limited Liability

You will assume all the responsibilities and risk for the use of this site and the Internet in general. Under no circumstances, shall Microshipments or its affiliates be liable for any direct, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.

Microshipments believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, does Microshipments make any warranty as to the accuracy, completeness, or currency of the content. As such, it remains your sole responsibility to verify any information before relying on it.

However, Microshipments agrees that the content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein to enhance the quality of the information.

1. 1. The information, recommendations and/or Services provided to you on the website/portal are for general information purposes only and does not constitute advice. ValueShipr will endeavor and reasonably keep the Software and its contents correct and up to date but does not guarantee that the Software or its content is free of errors, defects, malware and viruses or that the Software is correct, up to date and accurate.
2. 2. Microshipments shall not be liable for any damages resulting from the use of or inability to use the channels of booking, including damages caused by wrong usage of URL, error in call centre number, network issues, malware, data loss, viruses or any incorrectness or incompleteness of the Information or the Website.
3. 3. ValueShipr shall not be liable for any damages resulting from errors in booking, or damages to the shipment, delays in transit, theft or other technical reasons.
4. 4. Microshipments does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
5. 5. In no event will Microshipments be liable for any losses arising from or in connection with these User Terms, pursuant to any claim by You against Microshipments under contract, tort or otherwise, if such losses could have been avoided by You using reasonable efforts to mitigate them. Further, ValueShipr shall also not be liable to You in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in these User Terms, the total cumulative liability of Microshipments to You or to any person claiming under or through you, shall not exceed INR 1000/- (Rupees One Thousand only).
6. 6. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of Microshipments shall be the minimum permitted under Applicable Law.
7. 7. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance caused in whole or in part by an act or omission of a third party, or by any equipment failure, Act of god, Natural disaster, strike, equipment or facility shortage, or other causes beyond the control of Microshipments, or its service provider.
Microshipments cannot promise that any data or information supplied will be error-free. All data and information is provided on an "as is" basis. You agree that Microshipments or any of its logistics service provider is not liable for any errors, defects, problems, or mistakes in that data or information. This means you cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes.

Right to make changes

Microshipments reserves its right to make changes and updates to any information contained within this site without prior notice. Also, it reserves the right to change any of the Terms and Conditions without prior notice. Access to particular services on the site may be subject to additional or different terms and conditions, as specified by Microshipments from time to time.

Jurisdiction

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) will be subject to the exclusive jurisdiction of courts in Mumbai, India.

Intellectual Property Ownership

The Company and its licensors, where applicable, shall own lawful license of all the rights to the web site and its content. Our website content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. The company also owns all right, title and interest, including all related intellectual property rights, in and to the Software and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and the Transportation Providers' logos and the product names associated with the Software are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software herein shall include its respective components, processes and design in its entirety.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you, your employees and agents only use such confidential information in order to perform the Services, and shall not without the Company's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

User Eligibility

Any individual or business entity/organization that legally operates in India or in the other countries (individuals or companies) who can form legally binding contracts under the applicable law can avail of Microshipments services. Therefore, as per Indian Law user(s) must be at least 18 years of age to be eligible to use our services.

Termination

The contents and features on the web site are made available to visitors free of cost. However, Microshipments reserve the rights to terminate access to certain areas or features of the website (to registered users) at any time for any reason, with or without notice. We also reserve the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of the website and/or other visitors to the web site. We have the right to limit, deny or create different access to the web site and its features with respect to different users, or to change any of the features or introduce new features without prior notice.

Registered Users

Any individual or company can become a Registered User with our website for “FREE”. We have a simple procedure designed for the convenience of users so that they can easily login and logout.

An individual or a Company can become a registered user by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc and they would be solely responsible for its authenticity

Third Party Posting Contents

Some of the content displayed on the website is provided or posted by third parties. Users can post their content on some of the sections/services of the web site using the self-help, submit and edit tools provided at the respective section. Users may need to register and/or pay for some of these services Any Third Party content is the sole responsibility of the party who has provided the content. The Company is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user in connection with his/her reliance on such Third Party content. In addition, the Company is not responsible for the conduct of user’s activities on the web site and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user\'s conduct.

Indemnification

Users acknowledge that they fully assume the risks that may be caused to cargo when using the web site to deliver it from One place to another. The users must fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind, relating to products or services that are the subject of service using the web site.

Such risks shall include, but are not limited to, misrepresentation of a business, fraudulent schemes, failure to meet deadlines, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

Users hereby agree that Microshipments shall not be liable or responsible for any damages, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any delivery risks. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, users agree to release and indemnify Microshipments (and 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. Users may use the content/features on web site solely for their personal or internal purposes. Users also agree that they will not use Microshipments database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

Disclaimer

The Logistics Ecosystem “MICROSHIPMENTS” makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on such website. Microshipments disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, system integration and freedom from computer virus.

Microshipments does not represent or warrant that the functions contained in this website will be error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available are free from any harmful components including viruses. ValueShipr does not make any representations or warranties that the information on this website is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. You acknowledge, by your use of this webportal, that your use is at your sole risk.