These terms and conditions ("User Terms") apply to your visit to and your use of our website at mshipper (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.
Your contracting partner is mShipper (mShipper India Pvt. Ltd.), a private limited company registered and regulated under Indian Companies Act 2013 in the India, having its office at A1/1, MB Road, Khanpur, New Delhi, 110062.
WHAT SERVICES DOES MSHIPPER PROVIDE?
mShipper offers information and a means to obtain fastest and economic express delivery services offered by third party Individuals, (the "The Shipper "), which may be requested through the use of an application (web or mobile) supplied by mShipper and downloaded and installed by you on your single mobile device (smart phone) (the "Application"). All services provided by mShipper to you by means of your use of the Application are hereafter referred to as the "Service".
MSHIPPER AND YOU?
By using the Application or the Service, you enter into a contract with mShipper (the "Contract"). In order to be able to use the Application or Service, you first need to verify, sign up with mShipper. When booking a shipment or asking to deliver a shipment or signing up(upcoming), you are obligated to provide mShipper with your personal information, mobile or telephone number data. Upon successful completion of your signing up with mShipper, mShipper will provide you with a personal account or booking or delivery details, accessible for you with a password or via email communication of your choice.
You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
HOW TO USE THE SERVICE AND THE APPLICATION
The Application allows you to book or schedule a pick of your shipment. The third party Shipper has sole and complete discretion to accept or reject each request for express delivery service. If the Shipper accepts a request, mShipper will notify you by any means of communication available i.e. Phone, Email, Web or Application and provides information regarding the Shipper - including its name, vehicle license number, and customer service rating - and the ability to contact the Shipper by telephone.
mShipper shall procure reasonable efforts to bring you into contact with a Shipper in order to obtain transportation services, subject to the availability of Shipper in or around your location at the moment of your request for Pickup or Delivery Services.
For the avoidance of doubt: mShipper itself does not provide transportation/logistics or express delivery services, and mShipper is not a Logistic carrier. It is up to the Shipper to offer transportation services, which may be requested through the use of the Web & Application and/or the Service. mShipper only acts as intermediary between you and the Shipper. The provision of the express delivery services by the Shipper to you is therefore subject to the agreement (to be) entered into between you and the Shipper. mShipper shall never be a party to such agreement.
YOUR USE OF THE WEB & APPLICATION OR THE SERVICE
You warrant that the information you provide to mShipper is accurate and complete. mShipper is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. mShipper is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device or login to a different web application other than mShipper official webpage. mShipper reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
1.You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
2.You will not authorize others to use your account;
3.You will not assign or otherwise transfer your account to any other person or legal entity;
4.You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
5.You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
6.You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
7.You will not impair the proper operation of the network;
8.You will not try to harm the Service or Application in any way whatsoever;
9.You will not copy, or distribute the Application or other mShipper Content without written permission from mShipper;
10.You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
11.You will provide us with whatever proof of identity we may reasonably request;
12.You will only use an access point or 2G,3G,4G data account (AP) which you are authorized to use;
13.You are aware that when requesting express delivery services by SMS (if available in your jurisdiction), standard messaging charges will apply;
14.You will not use the Service or Application with an incompatible or unauthorized device;
15.You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
mshipper reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Application and the Service is free of charge. mShipper reserves the right to introduce a fee for the use of the Application and/or the Service. If mShipper decides to introduce such a fee, mShipper shall inform you accordingly and allow you to either continue or terminate the Contract.
The rates that apply for the express delivery services by the Shippers can be found on the Website and through the Application or may be conveyed by the Phone. These may be modified or updated by mShipper from time to time. It is your own responsibility to remain informed about the current rates for the delivery services.
mShipper shall charge you for the delivery services provided to you by the Shipper on behalf of the Shipper. You agree that you will pay for all shipment/logistics/express delivery services you purchase from the Shipper, and that mShipper may legitimately bill/ask for/charge your credit card/Debit Card and Bank Account as provided by you when booking a shipment or requesting for the Service for the express delivery services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing mShipper with a valid credit card/debit card and bank account for payment of all fees at all times. Any payment made is non-refundable.
mShipper uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. mShipper is not responsible for any errors by the Payment Processor. In connection with your use of the Services, mShipper will obtain certain transaction details, which mShipper will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold mShipper, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a.your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
b.your violation of any rights of any third party, including Shippers arranged via the Application, or
c.your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. mShipper will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
mShipper shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of mShipper.
mShipper shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Notwithstanding the above, to the extent permitted by applicable law, you agree that in no event shall mShipper's total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed INR100/-(Rupees One Hundred only) for domestic consignments and US$100 (United States Dollar One Hundred only) for international consignments (outside India). To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
The quality of the delivery services requested through the use of the Application or the Service is entirely the responsibility of the Shipper who ultimately provides such pickup & delivery services to you. mShipper under no circumstance accepts liability in connection with and/or arising from the express delivery services provided by the Shipper or any acts, actions, behavior, conduct, and/or negligence on the part of the Shipper. Any complaints about the logistics services provided by the Shipper should therefore be submitted to the Shipper.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
"mShipper Content" means Content owned or used by mShipper, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
"User/Sender" means a person who accesses or uses the Service or Application.
"User/Sender Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
"Collective Content" means, collectively, mShipper Content and User Content.
Subject to your compliance with these User Terms, mShipper grants you a limited, non-exclusive, non-transferable license:
1.to view, download and print any mShipper Content solely for your personal and non-commercial purposes; and
2.to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of mShipper. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by mShipper or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, mShipper shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that mShipper only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. mShipper shall not be continuously monitoring User Content published by you or moderating between Users, nor shall mShipper be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of mShipper.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep mShipper, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by mShipper or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
mShipper reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which mShipper believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to mShipper.
You agree to promptly notify mShipper in writing of any User Content which breaches these User Terms. You agree to provide to mShipper sufficient information to enable mShipper to investigate whether such User Content breaches these User Terms. mShipper agrees to make good faith efforts to investigate such complaint and shall take such action as mShipper in its sole discretion decides. However, mShipper does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, mShipper grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
YOU SHALL NOT
i. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
ii. modify or make derivative works based upon the Service or Application;
iii. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
iv. reverse engineer or access the Application in order to
Design or build a competitive product or service,
Design or build a product using similar ideas, features, functions or graphics of the Service or Application,or
Copy any ideas, features, functions or graphics of the Service or Application,
v.launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
YOU SHALL NOT
vi. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
vii. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
viii. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
ix. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein;
xx. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
mShipper will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. mShipper may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that mShipper has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. mShipper reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that mShipper, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
mShipper respects copyright law and expects its users to do the same. It is mShipper’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
mShipper alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by mShipper. mShipper’s name, logo, and the product names associated with the Application and Service are trademarks of mShipper, its affiliated companies or third parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond mShipper’s control.
TERM AND TERMINATION OF THE CONTRACT
The Contract between mShipper and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on mShipper's website.
mShipper is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:
a.violate or breach any term of these User Terms, or
b.in the opinion of mShipper, misuse the Application or the Service. mShipper is not obliged to give notice of the termination of the Contract in advance. After termination mShipper will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
mShipper reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. mShipper may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
mShipper may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in mShipper's account information, or by written communication sent by regular mail to your address on record in mShipper's account information.
You may not assign your rights under these User Terms without prior written approval of mShipper.
PRIVACY AND COOKIE NOTICE
mShipper collects and processes the personal data of the visitors of the Website and users of the Application according to the Privacy and Cookie Notice www.mshipper.com /privacy.html
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the Indian Laws. 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 Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in New Delhi, the India, unless you notify mShipper within one month after mShipper invoking its right pursuant to this provision to commence court proceedings in New Delhi, the India, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.