These Terms and Conditions of Use shall apply to all Users who access the Website (as defined below) and to all Persons to whom Services are provided by AVN BUSINESS SOLUTIONS PRIVATE LIMITED (hereinafter "Shipyaari), the owner of the Website, through the Website.
The Website is essentially an online platform where Authorized Users may browse and avail logistic services provided by Service Providers (as defined below) through the Website (as defined below) and as detailed on the Website.
Access to the Website and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services, collectively referred to as "the Terms".
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter "the User Agreement") between a User and Shipyaari vis-Ã -vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not access the Website or use the Services. If you have any questions about the Terms, please drop a mail at email@example.com
Use and access of the Website and the Services is void where prohibited. By using the Website or the Services, the User agrees that the User's consent and acceptance of the Terms have been given freely, with full knowledge of the nature of the terms and without fraud, coercion or undue influence. By using or accessing the Website or Services, the User further represents that the User has the necessary capacity to contract under Indian laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform Shipyaari of any subsequent disability to contract, upon which Shipyaari shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
Shipyaari may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, you shall be deemed to be an Unauthorized User and Shipyaari shall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in India. Shipyaari shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
- "Service Provider" shall mean any Person who will be providing the services defined hereunder to the Authorized User in pursuance of the order placed on the Website and subject to the Terms;
- "Date of Commencement" shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and Shipyaari, and shall be the date from which a User first accessed or uses the Website or registers with the Website or begins availing the Services, whichever is earliest;
- "Date of Termination" shall mean the date on which the User Agreement is terminated in accordance with the Terms;
- "Shipyaari" or "we/our/us" shall mean AVN BUSINESS SOLUTIONS PRIVATE LIMITED , a Private Limited company, incorporated under the laws of India, having its registered of office at 114/115, GOMTESH MARKET, NEW GULMANDI ROAD, AURANGABAD - 431001, being the owner of the Website and its representatives, officers, successors and assignees; and as referred to in these Terms (as defined below);
- "Intellectual Property" shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered;
- "Person" shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated;
- "Registered Account" shall mean the account granted to a Registered User with the Website after registration by the User with the Website which may be used for future transactions as well;
- "Services" shall mean the services offered by Shipyaari through the Website whereby an Authorized User may access the Website to avail the following logistic services from Service Providers:
1. Courier Services
2. Packing Services
- "User(s)" or "You/Your" shall include both Authorized Users (as defined below) and Unauthorized Users (as defined below);
- "Authorized User" shall include: (i) Registered Users, i.e., Persons registered with the Website with a User login ID and password and who hold Registered Accounts, (ii) Guest Users, i.e. Persons other than Registered Users who have access to the Website with the intention to browse the Services available without a Registered Account in the manner stated below, and (iii) persons other than Unauthorized Users;
- "Unauthorized User" would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same;
- "User Agreement" shall mean the legally binding contract deemed to exist between a User and Shipyaari and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind Shipyaari to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder;
- "Website" shall mean the e-commerce website "www.Shipyaari.com" and further web pages/websites created by or on behalf of Shipyaari related to the above-mentioned site;
- "Registered Account" shall mean the user accounts created by the Users on the Website with a User login ID and password for the purpose of availing of the Services and all codes, information, passwords and other information pertaining to the Registered Account;
- "Dangerous Goods" shall mean anything classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), International Maritime Dangerous Goods (IMDG) Code and any applicable government department or other such relevant organization or other national regulations for transport;
- "Prohibited Article" shall mean and include articles such as currency, bearer cheques hundis, investment or share certificates, articles or other similar documents, gold and silver articles or jewelry, precious stones, perishable goods, fragile items, flammable goods, liquids, semi-liquids, narcotics, lottery tickets and any other such item prohibited by law;
- "Shipment" shall mean any envelope, document, package, parcel, shipment or freight which is or are given to and accepted by us/ Service Provider for Services undertaken under this User Agreement.
The singular includes the plural and vice versa, and words importing a gender include other genders.
All references to requirements of notice to, permission or consent of, or communication with Shipyaari shall be construed as being required to be given to, or received from, the authorized personnel alone of Shipyaari.
A G R E E M E N T
THIS AGREEMENT made and entered into on the 22-08-2019, between “SHIPYAARI” Div of “M/s. AVN BUSINESS SOLUTIONS PVT LTD” a Company registered under the Companies Act, 1956 Mumbai and having its Registered Office at 114/115, Gomtesh Market, New Gulmandi Road Aurangabad, hereinafter referred to as ‘SHIPYAARI’ [which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, legal representative, successors, executors, administrators and assignees] of the ONE PART; and “Company Name” a “Company Type” situated at “Company Address” through its “Contact Person Name” , hereinafter referred to as ‘The Party of the Second Party’ [which expression shall unless repugnant to the context or meaning thereof be deemed to include his heirs, legal representative, successors, executors, administrators and assignees] of the OTHER PART.
- The Party of the Second Part is presently engaged in the Web Marketing or Tele Shopping Marketing, Web Building, Selling Products online, Purchasing products online for themselves or on behalf of their clients and providing all kind of technical supports along with marketing, including those manufactured / sold by other manufacturers / companies/ Drop Shipping (hereinafter collectively referred to as “The Products”).
- 2. SHIPYAARI has represented and warranted that the necessary infrastructure / facilities and is capable / competent to act as Logistics Partner for and on behalf of the party of the second part and in this regard to receive the products sent by the party of the second part, to store the products under its control and to deliver and / or forward them to such person(s) in such lots and on such directions as may be instructed by the party of the second part and its clients from time to time.
- The party of the second part after considering the aforesaid request of SHIPYAARI has agreed to appoint it as its Logistics Partner, on the terms and conditions hereinafter appearing.
NOW THIS AGREEMENT WITNESSETH and it is hereby agreed and declared between the parties hereto as follows:-
- TENURE OF THE AGREEMENT:
4.1 This contract will continue till it is terminated by either party by giving notice in writing to the other by prior notice of 30 days. Post termination of the Agreement dues from the party of the Second Part shall be still be payable and all legal actions shall be taken if not paid.
- In consideration of SHIPYAARI of rendering the Services to the party of the second part, the party of the second part shall pay SHIPYAARI, charges as mentioned against each service more particularly described in Annexure I for domestic logistics and Annexure II for international logistics.
- The terms and conditions regarding payment of services will be as per the terms and conditions as agreed in Annexure I and Annexure II by the parties hereinabove. The Terms and Conditions may be amended/altered from time to time to facilitate the business after discussing the same by both the parties and only the annexures which are part of this agreement will be changed and no part of the agreement shall not be amended or changed.
- SHIPYAARI will raise bills of the services provided to the clients of the party of second part or to the party of the Second part for providing services to them after every fifteen days and the party of second part shall pay the same within seven days of receipt of invoices/ bills.
- Payment Terms: It is hereby agreed between the parties the party of the second part shall pay SHIPYAARI complete invoices amount within 1 week after receipt of invoices/bills. Late payment will attract interest @ 2% per month.
- DISPATCH PROCEDURE AND REPORTS
- It is hereby agreed , that The party of the second part hereby agrees to upload all the required details for dispatching on the website of SHIPYAARI on its website having domain name shipyaari.com & in the format specified in the excel sheet or webpage having defined fields provided on the website. Also if any API integration is made with website/server of SHIPYAARI then the required information, as may be specified, shall be provided through party of the second part server/website in the form as prescribed.
- It is hereby agreed, that where any information/request can’t be processed over the website the same shall be processed over emails. The emails shall originate from the registered Id of the party of the second part and shall be sent to SHIPYAARI registered email Id. Any client of the party of the second part can send the required information/request directly to the registered email id of SHIPYAARI and that request shall be processed.
- It is hereby agreed between the parties that, SHIPYAARI shall not be held liable for any delay or non-dispatch or Non Scheduling of pickups of such orders if not received in format discussed above.
- STANDARD CONDITIONS OF CARRIAGE OF GOODS
- The party of the second part hereby agrees not to book, store, carry or forward any of the following items through SHIPYAARI: a) Currency, b) Gold, c) drugs, d) Explosive, e) Hazardous Chemicals, f) Bearer Bank DDs or Cheques, g) Liquids, h) Radioactive material, i) Tender documents, k) Share Certificates or any article so banned under the Indian Postal Act – 1896. Even though some of the above items are sent via transport mode specified in The Indian Postal Act the same shall be liable for confiscation and/or Penalty and SHIPYAARI shall not be liable towards it.
- SHIPYAARI reserves the right to refuse booking of any consignment without assigning any reason whatsoever. Further SHIPYAARI or their agents/ associates reserves the right to check any consignment sent by the party of the second part or their clients or associates on the suspicion that the goods contravene the Indian Postal Act.
- Whenever SHIPYAARI undertakes or arranges transport, storage or any other services it shall be authorized to entrust the goods or arrangements to third party on latter’s contractual conditions. The party of the second part shall be bound by such conditions and shall indemnify SHIPYAARI against any claims arising out of their acceptance.
- The Party of the second part entering into transactions of any kind with SHIPYAARI expressly warrant that neither the transaction nor the carriage of the goods is in breach of any statute regulation or other law relating to postal or courier services and that they are either the owners of or the authorized agents of the owners or owner of the goods is having relation with the party of the second part of any goods or property being the subject matter of the transaction and by entering
into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting. The party of the second part undertakes to indemnify SHIPYAARI against any damages, costs and expenses resulting from any breach of these warranties.
- The party of the second part and consignees and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to SHIPYAARI for customs consular and other purposes and they undertake to indemnify SHIPYAARI against all losses, damages, expenses and fines arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
- SHIPYAARI shall not be liable under any circumstances for any loss, damage or expense arising from or in any connection with marks, weights, numbers, brands, contents, quality or description of any goods.
- For delayed shipments, the turnaround time is specified in Annexure I , SHIPYAARI’s liability shall only be limited up to the sum of the courier charges paid by the Shipper provided it is proved that such delay was due to the negligence of SHIPYAARI, its servants or agents.
- Any claims brought against SHIPYAARI with respect to damaged or delayed consignments shall be made in writing within 1 week. For lost consignments, notification shall be made within 21 days from the date the documents or goods were due to arrive at their destination, failing which SHIPYAARI shall not be held responsible for any loss or damage arising howsoever.
- Goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee will be charged as per original rates given in Annexure I. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the company. Communication from any agent or correspondence of SHIPYAARI to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
- The supply of packing material or to pack the consignment sufficiently is the company’s responsibility. SHIPYAARI will not be responsible for any loss or damage due to inadequate or inappropriate quality of packaging material.
- SHIPYAARI will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to SHIPYAARI or causing SHIPYAARI to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify SHIPYAARI against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of SHIPYAARI or any other person in whose custody they may be at the relevant time. The expression “goods” likely to cause “damage” include goods likely to harbor or encourage vermin or other pests.
- SHIPYAARI will not be responsible for any loss or damage of the consignment caused due to any act of God, such as accidents, any natural calamity, riot, common strike or any other cause whatsoever beyond the control of SHIPYAARI. No claim for loss or/and damage will be entertained by SHIPYAARI in such events.
- SHIPYAARI shall not under any circumstances be liable for loss or damage resulting from or attributed to any quotation, statement, representation or information, whether oral or in writing howsoever, whosesoever or to whomsoever made or given by or on behalf of SHIPYAARI or by any servant, employee or agent of the SHIPYAARI as to the classification of or liability for amount scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property are such that SHIPYAARI shall commit any breach of any Act of Parliament regulation or Ordinance or other law made in respect of the same.
- Volumetric weight –Parcel is charged according to volumetric weight. To calculate the volumetric weight of any parcel, the following formula applies:-
Volumetric Weight Air
LxBxH (in cm)/ 5000
Volumetric Weight Surface
LxBxH (in cm)/ 4750
- Proof of Delivery (POD) shall be the status of the consignment that shall be displayed on SHIPYAARI’s website; the POD shall be available till the time it has not been removed from the website. No Physical POD’s shall be provided unless there is a dispute over the delivery of the consignment.
7.16 Delivery means tender of shipment to the parties or intimation about arrival of the shipment at the destination.
- SHIPYAARI is entitled to use any mode and route for transportation for delivering the consignments (turnaround time shall be as per Annexure I).
- The consignment note issued by any third party carrier shall be strictly based on the declaration given by the company, SHIPYAARI shall not be responsible for any wrongful declarations contained in the consignment note and
the company shall remain solely liable for the same in the event of goods under the consequential loss/ refund. Further the company agrees to make good any losses to SHIPYAARI in case of any claims being lodged on SHIPYAARI on account of delays arising out of insufficiency of documents or wrongful declaration contained in this consignment note.
7.19 SHIPYAARI reserves its right to withhold delivery of any consignment booked by the party of the second part if proper acknowledgement, viz Signature, Company Seal, Date and Time of Delivery is refused by the concerned Consignee and SHIPYAARI will not be responsible for any consequence or loss due to such non-delivery. Unless otherwise specified all deliveries will be made only at the address mentioned on the consignment / consignment note.
- The party of the second part will provide full address with pin-code no. and telephone no. for all consignments booked for easy identification and prompt delivery. SHIPYAARI will not deliver any consignment with post-box address only. Further SHIPYAARI will not provide any proof of delivery in respect of consignment to be delivered to Govt. / Semi Govt. offices.
- The party of the second part agrees to submit a written declaration, stating the value and details of any non-document consignment booked.
7.21.A The party of the second part needs to get stickers/labels printed containing all details like C/N No.(To be provided by SHIPYAARI), Customer's Invoice No., COD Amount, Complete delivery address with consignee's phone number, dispatch date etc.
- Upon collection of a COD amount, SHIPYAARI shall remit the COD collection directly to the party of the second part or other person designated by the party of the second part as payee, on a fortnightly basis or any basis which is mutually agreed between the parties to the agreement, after delivery of the COD shipment to the consignee is confirmed.
- SHIPYAARI will offer a Cash On Delivery (COD) service consisting of collection of a payment instrument, and delivery of a payment instrument to the Company. The Company is responsible for specifying in the appropriate field to SHIPYAARI, the amount (the C.O.D. Amount) and the form of payment to be collected.
- Performance of the C.O.D. service does not make us the agent of the party of the second part for any purpose whatsoever, including, but not limited to, completion of the sale of the goods by the shipper to the recipient. If the recipient cannot be located or fails or refuses to pay the C.O.D. Amount via the requested instrument, the shipment will be returned and no refund or credit of the transportation charges will be given.
- Cheque, Cash and DD for the C.O.D. Amount will be collected at the party of the second part’s sole risk, including, but not limited to, all risk of non-payment, fraud and forgery. SHIPYAARI has no liability with respect to any such instrument.
- The payment instrument will be forwarded to the party of the second part via Cheque or Banking transaction.
- SHIPYAARI will accept C.O.D.s for amounts up to Rs 20,000/- per consignment.
- SHIPYAARI will accept a business or personal cheque, DD & Cash, as per process intimated for payment against our bills/invoices by the party of the second part.
- SHIPYAARI will not accept any currency other than Indian Rupees.
- The party of the second part assumes all risk related to the collection of the payment, including non-payment, insufficient funds, and forgery.
- SHIPYAARI shall raise the bills/invoices to Clients of the party of the second part directly and the party of the second part shall be responsible for all the payments related to the said invoices.
8 CONFENDIALITY AND DISCOLSURE
- SHIPYAARI shall keep and maintain utmost secrecy of the party of the second part's said business and shall promptly disclose to the party of the second part all and every material information and particulars relating to the said business to keep the party of the second part well posted about the event and/or dealings.
- The party of the second part shall keep and maintain utmost secrecy of SHIPYAARI's said business and shall promptly disclose to SHIPYAARI all and material information and Particulars relating to the said business to keep SHIPYAARI well posted about the event and/or dealings.
- It is hereby agreed that both the parties shall maintain confidentiality of the information provided to each other and shall keep information protected from third party disclosure.
9 INTELLECTUAL PROPERTY RIGHTS
- As a part of this Agreement, the party of the second part as well as SHIPYAARI shall respect each other’s intellectual property rights including patent, copyright, trade/service mark(s), trade names(s), trade secret(s) and logos. (Hereinafter referred to as "the Intellectual Property Rights")
- POWER TO USE LOGOS AND TRADE MARKS
The party of the second part hereby agrees and authorizes to use its and its client’s trade mark, trade name and logo to SHIPYAARI to facilitate business/ Marketing with prior written permission from the party of second part.
- The Company, consignees and their agents, if any shall be liable for any duty, tax, impost or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by SHIPYAARI in connection herewith.
- The Company agrees to reimburse SHIPYAARI on demand, any payment incurred by SHIPYAARI towards Octroi Charges, Sales Tax or any other Government Levies for consignments booked by the Company along with Service/Handling charges. 5% of such levies would be applicable as Handling charges.
- The Company shall arrange to insure the Products stored in the godown of SHIPYAARI against fire, SRCC (Strike, Riots and Civil Commotion) and flood on declaration basis. In the event of any loss, SHIPYAARI shall take necessary steps for lodging a claim with the insurance company within the stipulated time limit as prescribed by the insurance company. SHIPYAARI shall be bound and liable to provide necessary information for the declaration to be made under the insurance policy and shall be responsible to comply with the terms and conditions of the insurance policy. SHIPYAARI further agrees to indemnify and keep the Company indemnified for any losses / damages that the Company / its Principals may suffer on account of any breach of the insurance policy by SHIPYAARI.
- SHIPYAARI will compensate the Company to the extent of such amount as decided and made good by the insurance company for loss of consignment if additional payment for special insurance risk coverage is made by the Company at the time of booking. Claims will be settled at the earliest provided all supporting documents as required by the insurance company are furnished by the Company within the stipulated time.
11.3 Automatic Risk Coverage for Domestic Services will be as specified in Annexure I the same risk surcharge shall prevail and should be settled at the time of bill settlement. Claims, if any, shall be settled within 60 days from the date of receipt of evidence of expenditure and other paperwork to include a) a Letter of Claim b) Consignor Copy c) Declaration/Invoice Copy d) an Undertaking from the Customer that they have no Marine Policy.
- No claim for loss will be accepted by SHIPYAARI after 90 days from the date of booking of the concerned consignment, nor will any communication be entertained by SHIPYAARI beyond the above period.
- It is not mandatory for the Company to insure the consignment; the liability of SHIPYAARI shall be limited to Rs. 5000/- in this case. The company has an option to insure their goods at the rates specified in the Annexure I.
- The party of the second part hereby agrees and undertakes to indemnify, keep indemnified and hold harmless SHIPYAARI and its employees against all losses, claims, damages, penalties, costs or expenses, duties, of any kind whatsoever which may arise on account of proven warranty representations, unauthorized acts, fraud against or be incurred by SHIPYAARI or its employees as a result of any act, omission or commission, negligence or any other reasons whatsoever, on the part of The party of the second part or any of its Staff.
- The party of the second part hereby agrees and undertakes to indemnify, keep indemnified and hold harmless, SHIPYAARI and its employees against all losses, claims, damages, penalties, costs or expenses, duties, of any kind whatsoever which may arise on account of any breach of laws, compliances, license conditions and all such statutory regulations arising out of breach of this agreement by the party of the second part.
- TERMINATION AND CONSEQUENCES:
- The termination of this agreement shall not affect the rights, remedies and of the
Parties accruing prior to such termination.
- Notwithstanding the aforesaid, this Agreement may be terminated by either party
before the term of this agreement by giving 30 days prior notice in writing.
- In the event termination of this agreement, the company shall clear all the pending dues of SHIPYAARI. If there be any deficiency, company shall fully compensate and/or make good the same and keep SHIPYAARI saved and harmless
Any Legal Disputes shall be subject to jurisdiction of Court and authorities at Aurangabad, (Maharashtra) city.
I, Contact Person Name on behalf of Company Name here by confirm that I have read this agreement today
i.e. 22-08-2019 & accept the same and will be abiding by this.