1. INTRODUCTION

Welcome to www.microshipments.com by VALUESHIPR, an E-commerce Platform, operating in India through its Franchisee M/s. Decker Logistics Pvt. Ltd. having its registered office at Unit No. 123, Adarsh Industrial Estate, Sahar Road, Andheri East, Mumbai 400099, (hereinafter referred to as "we," "us," or "our"). These Terms of Use ("Agreement") govern your access and use of our platform, including our website, mobile application, and related services (hereinafter collectively referred to as, the "Platform"). By clicking "I Agree," registering an account, or using our services, you (hereinafter referred to as "you," "user," or "sender") acknowledge that you have read, understood, and agreed to these binding legal terms. If you do not agree, you must not use our Platform.

1.1 Clickwrap Notice

By clicking "I Agree", you confirm that you:

(a) Have read, understood, and accepted our Terms of Use, Privacy Policy, Cookie Policy, Payment Policy, and Refund Policy.

(b) Understand claims for loss/damage shall be filed directly with the airline;

(c) Acknowledge that www.microshipments.com by VALUESHIPR, operating in India through its Franchisee M/s. Decker Logistics Pvt. Ltd. acts solely as a booking platform.

Disagreeing shall prevent you from completing your booking.

2. DEFINITIONS

2.1 Platform- Refers to our website, mobile application, and related services utilised to e-book air shipments below 500 Kgs.

2.2 User - Any individual, business, or entity using our Platform to book shipments or access services.

2.3 Logistics Partner- Third-party logistics providers who fulfil shipment requests.

2.4 Shipment- Any parcel, document, or package booked for delivery.

2.5 Prohibited Items- Items restricted from air shipment under applicable laws, including hazardous materials, perishable goods, and contraband.

2.6 Platform Data- Includes Industry Data (rates and schedules provided by us),User Data(rates uploaded by users), and Generated Data (quotes, e-Bookings, Air Waybills, etc.).

3. USER ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 By using our services, you confirm that you have completed 18 years of age and are legally capable of entering into contracts.

3.2 You shall provide accurate, complete, and up-to-date information during account registration.

3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.4 We reserve the right to suspend or terminate your account if any information provided is false, misleading, or violates these Terms.

4. SERVICES AND BOOKING POLICY

4.1 Our Platform enables users to book shipments with airline partners through our designated IATA Cargo Agents. We act solely as an intermediary and do not provide airline services ourselves.

4.2 Bookings must be completed through the Platform with correct recipient details. You are responsible for ensuring that the shipment details are accurate.

4.3 Once a shipment is booked and confirmed, cancellation and refund policies apply as per our Refund Policy.

4.4 We do not guarantee the availability of specific airline partners or delivery timelines.

5. SHIPMENT RESPONSIBILITY AND RESTRICTIONS

5.1 You are responsible for ensuring that the shipment is properly packed and labelled to withstand transit.

5.2 The following items are strictly prohibited from being shipped using our Platform:

• (i) Hazardous or flammable materials.
• (ii) Explosives, weapons, or firearms.
• (iii) Drugs, narcotics, or controlled substances.
• (iv) Currency, precious metals, or confidential documents.
• (v) Any item restricted by applicable laws.

5.3 If prohibited items are shipped, we reserve the right to cancel the shipment, confiscate the item, and report to authorities if required.

5.4 The sender shall be solely liable for any legal consequences, fines, or penalties resulting from non-compliance with air shipment regulations.

6. PAYMENT TERMS

6.1 All fees and charges for shipment bookings shall be paid in full before shipment processing.

6.2 Payments are processed through secure third-party payment gateways, and we do not store any payment information.

6.3 In case of failed payments, the shipment request shall not be processed.

6.4 All fees are non-refundable unless otherwise specified in our Refund Policy

7. LIABILITY AND LIMITATIONS

7.1 Our role is limited to facilitating bookings, and we shall not be liable for delays, damages, or losses caused by airline partners.

7.2 Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid for the specific shipment.

7.3 We shall not be liable for any indirect, incidental, or consequential damages arising from the use of our services.

7.4 Claims for lost or damaged shipments shall be submitted, before the Airline partners concerned, within 7 days from the scheduled delivery date, along with supporting documentation.

8. TERMINATION AND SUSPENSION

8.1 We reserve the right to suspend or terminate your account if you violate these Terms.

8.2 Termination does not exempt you from payment obligations for completed shipments.

8.3 Upon termination, any pending shipments shall be cancelled without liability on our part.

9. INTELLECTIAL PROPERTY RIGHTS

9.1 All content on our Platform, including text, graphics, logos, and software, is our exclusive property or licensed to us.

9.2 No one shall copy, distribute, or reproduce any content without our explicit written consent.

10. PRIVACY AND DATA PROTECTION

10.1 By using our Platform, you consent to the collection, use, and processing of your personal data in accordance with our Privacy Policy.

10.2 We implement reasonable security measures to protect your personal data but do not guarantee absolute security.

11. MODIFICATION TO TERMS

11.1 We reserve the right to modify these Terms of Use at any time. Continued use of our Platform after updates constitutes acceptance of the revised terms.

11.2 We shall provide notice to users via email or official Platform notifications in the event of any such significant material changes. Such notification shall be deemed sufficient and effective upon dispatch.

12. FORCE MAJEURE

We shall not be liable for any failure or delay in service due to events beyond our control, including but not limited to Natural Disasters (e.g., Earthquakes, Landslides, Floods, Droughts, etc.). Man-Made Disasters (e.g., War, Invasion, Hostilities, Strikes, Lockouts, Work Stoppages, Riots, Rebellions, Civil Commotions, Terror Attacks, Cyberattacks, Pandemics, Government and Regulatory Restrictions, Internet Disturbances, etc.).

13. DISPUTE RESOLUTION AND ARBITRATION

13.1 Mediation

In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, the parties shall agree to first attempt to resolve the dispute through mediation. The mediation shall be conducted by a mutually agreed-upon mediator in Mumbai, India. The costs of mediation shall be shared equally by both parties.

13.2 Arbitration

(a) If the dispute is not resolved through mediation within 30 days, it shall be referred to and finally resolved by resorting to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended from time to time.

(b) The arbitration shall be conducted by a Sole Arbitrator appointed mutually by both parties. If the parties cannot agree on an arbitrator, the arbitrator shall be appointed by a competent authority under the Act.

(i) The seat and venue of arbitration shall be Mumbai, India. (ii) The proceedings shall be conducted in the English language. (iii) The decision of the arbitrator shall be final, conclusive, and binding upon both parties. (iv) No appeal shall lie therefrom the award, except as provided under the applicable law.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms shall be governed by and construed in accordance with the law prevailing in the Republic of India.

14.2 Subject to the arbitration clause above, any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

15. CONTACT US

If you have any questions regarding these Terms, please contact: www.microshipments.com by Valueshipr Decker Logistics Private Limited Unit No. 123, Adarsh Industrial Estate, Sahar Road, Andheri East, Mumbai 400099 Phone: +91 8921 874 072 Email: support@valueshipr.com