Online User Agreement

THIS ONLINE SERVICE AGREEMENT ("AGREEMENT") IS BETWEEN EACH USER (ALSO REFERRED HEREINAFTER AS "CUSTOMERS", "CUSTOMER", "SUBSCRIBER", "YOU" AND/OR "YOUR"), AND "TRANSTECH LOGISTICS" PVT. LTD. ("COMPANY", "SHIPX", "WE" and/or "OUR" ) REGARDING YOUR USE OF THE DOMAIN www.shipx.in

1. The Website.
The website (or "Domain" or "Portal") is owned and operated by TransTech Logistics Pvt. Ltd. This 'User Agreement' ("Agreement") informs visitors and customers of the rules and policies that govern this website. Visitors are expected to follow all the posted guidelines or rules. Our Customer could either be an Exporter, Importer, Manufacturer, Buying Agent or Legal Representative of Exporter/Importer/Manufacturer (collectively referred to as Shipper).
2. Services.
shipX provides a portal or a technology platform for facilitating freight forwarding and shipping services to be provided to Shippers desiring to ship cargo by providing access to information and a neutral venue for enabling and facilitating transactions between Service Providers and Shippers at market determined prices for efficient freight forwarding services. The "Services" include but are not limited to the digital auction house and cargo booking platform and payment facilitation clearinghouse services provided to Shippers and Service Providers and all the services provided by the Domain and all the technology, processes, and materials used to deliver these Services.
3. shipX is a Neutral Venue.
shipX is not a shipper, common carrier, forwarder or broker. We and our website function solely as a neutral venue and provides a digital platform for evaluation of quotes from various Service Providers and enable booking of shipments at the best available price and terms and monitors the execution of the transaction and also act as a clearinghouse. We are the neutral venue for this connection between a Shipper and the Service Provider. We do not provide any endorsement for any Shipper or any particular Service Provider or their services except certain objective ratings based on Shipper feedbacks on transactions. You acknowledge and agree that we do not provide the shipping or freight forwarding services and we are not in any way responsible your dealings with a Service Provider, whether a carrier, forwarder or transporter for the provision of their services or for a Shipper and their dealings. We cannot and will not guarantee the ability of any Shipper to complete the transaction or make payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of a Shipper to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services of a Service Provider are not provided by shipX and the transactions are specifically and solely between a Shipper and a Service Provider. We are not involved in the actual transaction between Shippers and Service Providers, but would liaise and monitor the transactions. As a result, we have no control over the quality, safety, or legality of the transactions that take place on our website, the accuracy of our listings, the ability of Service Providers to process the shipment, or the ability of Shippers to ship the items. We cannot ensure that a Shipper or Service Provider will actually complete a shipment transaction.
4. Acceptance of Terms.
By submitting shipping information of any consignment of shipment for a quick quote or for inclusion in any Request for Quote (RFQ); ; booking for any services from our web site, accessing or using any part of this web site, you agree that you have read, understand and agree to be bound by this agreement. If you do not agree to be bound by this agreement, do not access or participate in any transaction or use any part of this web site.
Access to the online services and content provided on this Site (collectively referred to herein as the "Services") is subject to the Terms contained herein and is provided upon due execution of the Online User Agreement with shipX. Upon your filling up and submitting the form appearing hereafter on the website, shipX will review the same and if found in order and verification is successful, your registration will be approved.
shipX may amend the User Agreement from time to time without notice to you, other than posting the amended User Agreement to the Site. In addition, use of particular Services may be subject to additional terms and conditions that will be applicable available in connection with such Services. Unless otherwise agreed to in writing between you and shipX, the User Agreements, as amended, shall govern your use of the Site and all Services. shipX may email periodic reminders of its notices and User Agreement, but you should check the Site frequently to see the current Agreement in effect and any changes that may have been made to it. All such guidelines or rules are hereby incorporated by reference into the User Agreement.
This Agreement is effective from 1st June, 2009 for all users.
5. General Terms and Conditions of Shipment.
All consignments booked on shipX shall be subject to the General Terms and Conditions of Shipment available on the website, which is incorporated in this Agreement by reference unless specific or special terms of shipment are agreed with any Service Provider in respect of any shipment.
6. Registration to the Portal.
Eligibility to access the services on the Portal is restricted to Persons legally competent to contract under the Indian Contract Act, 1872.
Registration is also restricted only to persons who hold all necessary regulatory permissions and licenses for owning, shipping, transporting or exporting goods, if necessary and is not transferable.
Shippers must have a valid Commercial Tax Registration and/or Importer - Exporter Code Number issued by the competent authority.
In order to use any of the Services, shipX requires you to register as a Shipper. On registration, you shall be allotted a Username and password. In registering, you agree to:
1. (i) provide true, accurate, current and complete information as prompted by the applicable registration form including the authority to bind the registering business entity;
2. (ii) maintain and promptly update the information;
3. (iii) immediately notify shipX of any unauthorized use of your password or account or any other breach of security;
4. (iv) ensure that you exit from your account at the end of each session; and
5. (v) you are responsible for maintaining the confidentiality of the user name and password, and are responsible for all activities that occur under your user name and password, whether or not authorized by you.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if shipX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, shipX has the right to refuse any and all current or future use of the Services (or any portion thereof).
We reserve the absolute right to reject your participation, or remove you from your current participation, in the shipX website at any time and for any reason or for no reason and without notice to you.
7. Provisions applicable to a Shipper.
A registered Shipper shall be obligated to complete the transaction with the Service Provider whose services have been booked, unless the transaction is prohibited by law or by this Agreement. By placing a booking for a shipment, you agree to be bound by the conditions of the booking so long as those shipment details are not in violation of this Agreement or unlawful. The Service Provider whose services have been booked on the Website shall be entitled to inspect the Consignment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the Service Provider. shipX does not screen or qualify Service Provider for compliance with central, state or local laws and regulations. If desired a Shipper may contact the concerned Service Provider directly before services are rendered by the Service Provider.
8. Prohibited and Restricted Items.
1. Prohibited Items: Hazardous or dangerous goods These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier or transport are not allowed to be booked on shipX. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labeled) may be booked on shipX - provided that the request for Quick Quote or RFQ contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law.
2. Restricted Items: Prohibited regulated or perishable goods
These are items considered restricted or perishable by any authority which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier or transport are permitted on shipX Full responsibility rests with the Shipper to comply with all applicable laws and regulations that relate to the shipment of hazardous, restricted and perishable material. Any Shipper who sends, or causes to be sent, a prohibited or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment).
9. Intellectual Property and Title to Online Content.
The shipX website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are shipX's sole property and we retain all appurtenant rights, interests and title thereto. shipX also claims ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners. shipX reserves the right to be identified as the owner of all works on this site.
10. Disclaimers of shipX.
1. (i) Technical Warranties and Disclaimers
  1. (a) To the fullest extent permitted by law, your use of and access to the website and any material downloaded or otherwise obtained from the site is entirely at your own risk; the site's services are provided on an 'as is' and 'as available' basis.
  2. (b) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  3. (c) shipX is not responsible for the accuracy of or errors or omissions in any such programs, and shipX does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. shipX does not warrant that the content of its website will be error free.
  4. (d) While shipX maintains procedures to protect information transmitted on this website, any communications via the Internet may be subject to breaches of security. shipX is not responsible for any resulting damage to any visitor for any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, or any other technical or other malfunction during any transmissions. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that shipX will not have any liability if the applicable encryption technology fails to protect your information.
  5. (e) We cannot control the information and the listing of goods or services on the portal and therefore, disclaim any liability for the listing of unauthorised goods or services on the portal.
  6. (f) The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site.
2. (ii) Substantive Warranties and Disclaimers
  1. (a) We do not provide any endorsement for the services of our Users, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services.
  2. (b) We disclaim any warranty of the ability of members to provide the agreed upon service or to complete payment for any of the provided services
3. (iii) shipX reserves its rights to all actions and remedies in connection with any monies owed to shipX.
4. (iv) We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction.
5. (v) shipX shall use the information you supply to us in connection with our services in accordance with this Agreement and the Privacy Policy displayed on the website.
6. (vi) shipX reserves the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, obscene or lewd.
11. Off-Site Communications.
shipX prohibits offers by its Users to transport listed shipments, or to offer listed shipments for transport, outside of the shipX site. Offers of this nature circumvent shipX's fee structure and are a potential fraud risk for both Shippers and Service Providers. Some examples of off-site offers include:
Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through shipX's question and answer system, profile section, "Additional Information" section, user ID, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
shipX reserves its right to edit, amend, or delete any personal contact information that members submit on the website. shipX reserves the right to suspend or delete the account of any member that attempts to make off-site communications or transactions.
12. Identity Verification.
shipX uses several techniques to help verify the identity of Shippers, Service Providers when they register or enroll with our website; however, shipX cannot and will not confirm each Shipper's or Service Provider's identity. shipX has implemented a user-managed feedback system to help Users evaluate Shipper, Service Provider Users you are transacting with on shipX website.
13. Feedback.
If any User undermines the integrity of Website or our feedback system in any way, or if you earn a net feedback rating of negative four (-4) or lower, your User Rights and/or access may be suspended. You acknowledge that feedback consists of comments left by other shipX Users and a composite feedback number compiled by shipX. You agree that you will not use the shipX feedback in any website, venue other than shipX.
14. Confidentiality.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby acknowledge and agree that:
1. (i) Any and all of Our Information are confidential and shall be our sole and exclusive intellectual property and proprietary information.
2. (ii) You will use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited.
3. (iii) Our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information.
4. (iv)Monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief, which shall be in addition to any and all remedies available to us in law.
15. Privacy.
All information gathered from Visitors by this website will be governed by our Privacy Policy available on the website, which is incorporated in this Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices.
16. Non-solicitation.
During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our other Users.
17. Record Keeping/Audit.
We reserve the right to keep all records of any and all transactions and communications between you and other Users for administration purposes.
18. Security.
This Site uses encryption technology and security techniques to protect the information from access by unauthorized third parties. However shipX cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors beyond our control.
19. Warranty and Limitation of Liability.
1. (i) shipX warrants that its services shall be performed by qualified personnel in a manner consistent with good practice in the industry. If shipX breaches this warranty, it shall supply services to correct or replace the work at no charge.
2. (ii) THE REMEDIES SET FORTH IN THIS CLAUSE ARE CUSTOMER'S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. SHIPX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT
3. (iii) shipX or its employees and agents and Service Providers will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) however arising out of, relating to or connected with the use of the Portal or services provided by shipX, based on any cause of action, even if advised of the possibility of such damages.
20. Indemnity.
You agree to indemnify and hold shipX and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
21. Remedies.
Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal of any non compliant shipment information or listings, notifying all Users of non compliant actions, issuing of a warning, temporarily suspending use of any User, termination, and refusing to provide our services to a non compliant or defaulting User.
22. Termination.
Either Party may terminate this Agreement with a 30 day notice to the other party. shipX may also terminate this Agreement for:
1. (i) Breach of the terms and conditions of this Agreement by the User;
2. (ii) Fraudulent use of the website by User;
3. (iii) creation, maintenance and/or management of more than one account;
4. (iv) circumvention of the shipX marketplace by you or by others at your direction;
5. (v) any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members;
6. (vi) any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member, employee, agent, or partner and/or a failure to deliver the promised services on time.
The provisions relating to Restraint on Use, Indemnity, Exclusion of Warranty and Liability, Dispute Resolution, Force Majeure, Title to Content shall survive the termination of this Agreement.
23. No Agency.
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the shipX website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with shipX and furthermore that no affiliation, association or connection exists between you and us.
24. Notices.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to shipX via E-mail at contactus@shipX.in, by postal mail to 41, 4th B Cross, 5th Block, Koramangala Industrial Layout, Bangalore – 5600034, or via facsimile to 91 80 4096 6027.
25. Entire Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. Any rights not expressly granted herein are reserved.
26. Severability.
In the event any provision, clause, sentence, phrase or word hereof or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase or word in any other circumstances.
27. Waiver.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
28. Dispute Resolution.
Disputes between you and shipX regarding our services should be reported to contactus@shipX.in.We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and other Users or Service Providers regarding services. All disputes must be resolved directly between you and the Service Provider. Therefore, if we are contacted by a User who claims to have a dispute with a Service Provider or vice versa regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to the Customer and/or the Service Provider as the case may be, and you agree to release us from any and all liability associated therewith. We encourage you to directly report all disputes to law enforcement officials or any mediators for mediation, conciliators for conciliation or arbitration. We do not specifically endorse any such third party conciliation, mediation or arbitration. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
29. Governing Law.
This Agreement shall be governed by and interpreted in accordance with laws of the Republic of India as applicable in the State of Karnataka and shall be subject to the jurisdiction of the courts of Bangalore in the State of Karnataka, India.