This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.
These terms and conditions apply on the usage of Our website www.aileo.in, User App (as defined below), Android and iOS Mobile Application (hereinafter collectively referred to as“WEBSITE”) as well as to all information, recommendations and/or services provided to You on or through the WEBSITE. The term “User” or“You” or“Your” or“Shipper” refers to the user of the TSP services through WEBSITE.
“User or You or Your or Shipper” and “AITC or We or Us” may be referred to as the “Party” individually and as the “Parties” collectively, as the context may require.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND/OR AVAILING ANY SERVICE THROUGH THE WBSITE.
Your access and use of the WEBSITE constitutes Your agreement to be bound by the terms of this Agreement, which establishes a contractual relationship between You and AITC. If You do not agree to these terms and conditions, then You will not access or use the WEBSITE. This Agreement expressly supersedes prior agreements or arrangements with You. AITC may immediately terminate this Agreement or any services with respect to You, or generally cease offering or deny access to the WEBSITE or any portion thereof, at any time and without any reason.
Supplemental terms and conditions may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to You in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable services.
AITC may amend the terms and conditions related to this Agreement from time to time and without any prior notice. Amendments will be effective upon AITC’s posting of such updated terms and conditions on the WEBSITE or mobile application or email. Your continued access or use of the WEBSITE after such posting constitutes Your consent to be bound by the terms and conditions, as amended.
1.1. “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.
1.2. “Rider” or “Transport Service Provider” or “TSP” means a third party individual registered with AITC to access the WEBSITE to provide Transportation Services to the Shipper; and who has entered into a separate service agreement with AITC.
1.3. “Transportation Services” means the provision of courier or goods transportation and logistics services to Users via the WEBSITE in the Territory provided by TSP’s.
1.4. “User” or “You” or “Shipper” means an end user registered at the WEBSITE for the purpose of requesting, booking and obtaining Transportation Services offered by TSP’s.
1.5. “User App” means AITC’s user android and/or ios mobile application, which enables the User to access the WEBSITE for the purpose of seeking, receiving and availing on-demand requests for Transportation Services provided by TSP’s and making online payments to the TSPs.
1.6. “User ID” means the unique identification assigned by AITC to a User.
1.7. “Fare” means the amount calculated by AITC on behalf of TSP based upon the Vehicle type, Pick-up and Delivery Location and time, which is payable by the Shipper to the TSP for availing the Transportation Services provided by the TSP. The Fare is exclusive of any tool tax, government taxes, loading and unloading charge, parking fees and repair and cleaning fees.
1.8. “Other Charges” means the extra amount over and above the Fare, which has to be paid by the Shipper to the TSP against the loading and unloading of cargo, wait time charges, government taxes, toll tax, parking charges, weight bridge charges, packing charges etc. All these additional charges will have to paid by the Shipper to the TSP directly in cash.
1.9. “Territory” means the city, town, metro or area in which User access the User App to request, seek, and avail Transportation Services from TSP’s.
1.10. “Tolls” means any applicable road, bridge, ferry, tunnel, parking and airport charges and fees, including innerâ€?city congestion, environmental or similar charges as reasonably determined by concerned government authority or any other authorized third party based on available information and on ground situation, which will be payable by the User to the TSP directly in cash.
1.11. “AITC Data” means all data related to the access and use of the User App, WEBSITE hereunder, including all data related to Users (including User Information), all data related to TSPs (including TSP Information), all data related to the provision of Transportation Services via the WEBSITE and the User App, and the User ID.
1.12. “User Information” means information about a User made available to AITC; made available to a TSP for and use of Transportation Services, which may include the User’s name, pick-up location, contact information, photograph, ID proof, address proof, order details, geo-location, mobile number, email ID, IMEI number, contacts, DoB etc.
1.13. “Vehicle” means any vehicle of TSP that: (a) Is lawfully licensed and registered with the concerned government authority; and (b) Used by a TSP for the purpose of providing Transportation Services to Users.
1.14. “Chargeback” shall mean the approved and settled card transactions which are at any time refused, debited or charged back from the Nodal account or AITC’s account or TSP’s account (shall also include similar debits to Online Payment Gateway Providers accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
1.15. “Nodal Bank” shall mean the bank designated by the Online Payment Gateway Provider for the purpose of pooling the funds collected from Users and facilitating the transfer of these funds in final settlement to the TSP/TSP (after deducting TDR), pursuant RBI notifications/guidelines amended from time to time.
1.16. “Banned Products” shall mean the products, goods, articles, services included in the Banned Products list as provided in Schedule-A of this Agreement. The Banned Products should not be included in the Shipment and no Transportation Services should be utilized for transporting the Banned Products.
1.17. “Intellectual Property Rights” means all rights to patents, designs, copyrights, trademarks, service marks, database, domain name, moral rights, business model (whether or not any of those is registered and including applications for registrations of the foregoing) together with all trade secrets, know-how and all rights or forms of protection of a similar nature and causes of action for violation, misappropriation or infringement of any of the foregoing.
1.19. “Shipment” means the goods, products, items, materials shipped by the User through the Transportation Services provided by the TSP.
1.20. “Consignee” means the individual, person, representative of any organization to whom the User is willing to send the Shipment through the use of Transportation Services provided by the TSP.
1.21. “TSP Dispute Resolution Policy” means the separate policy of the TSP, which will be referred by the User in case of any dispute related to the Transportation Services, Shipment or TSP (as mentioned in Schedule-B of this agreement).
1.22. “TSP App” means AITC’s TSP android and/or ios mobile application, which enables the TSP to access the WEBSITE for the purpose of providing for Transportation Services to the User.
1.23. “Pick-up Location”means the geo location (the latitude and longitude) entered by the User in the User App while requesting Transportation Services from the TSP, from where the TSP has to pick-up the Shipment.
1.24. “Delivery Location”means the geo location (latitude and longitude) entered by the User in the User App while requesting Transportation Services from the TSP, to which/where the TSP has to deliver the Shipment. The Delivery Location and Pick-up Location have to be of the same city/town.
1.25. “Online Payment Gateway Provider”means the third party online UPI (United Payments Interface) based payments facility provider. Who will own and operate the Nodal Bank Account and will be providing online payment services to the User.
2. THE SERVICE
2.1. AITC offers an online platform through the WEBSITE and User App. AITC’s platform assists an individual Shipper to connect with a third party, independent Transport Service Providers (TSP) for requesting and availing the Transportation Services from the TSP’s. Once TSP accepts a Transportation Service request, Shipper is notified with the details of TSP through SMS or mobile application notification or email. AITC shall do all the reasonable efforts to connect You with a TSP & the Transportation Services are subject to the availability of TSPs nearby to Your location at the moment of Your request for Transportation Services and the acceptance of Your request by a TSP.
2.2. By using the WEBSITE, User App You hereby acknowledge that AITC is not a Transportation Service provider. All Transportation Service are provided by the TSP directly to You and it is upto the TSP’s to offer Transportation Services, which may be requested by the User through the use of the WEBSITE, User App. AITC only acts an online interface between You and the TSP. The Shipper has to note that TSP is Your Transport Service provider and therefore it is subjected to the contract between YOU and the TSP. AITC shall never be a party to such contract and shall never take any liability.
3. ELIGIBILITY AND CODE OF CONDUCT
3.1.User means any individual who has the legal right to use the WEBSITE, User App and request Transportation Services from the TSP. The use of WEBSITE and User App are available only to those individuals who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per Indian Law; i.e. user(s) must be at least 18 years of age to be eligible to use our services and the WEBSITE. AITC advises its Users that while accessing the WEBSITE, they must abide by the related laws of the land, terms and conditions of this Agreement and all AITC Policies. AITC is not responsible for the possible consequences caused by Your behaviour during use of WEBSITE. AITC at all the times reserves the right to deny service. You will be asked to provide proof of identity, proof of address to access or use the services and book Transportation Services and You agree that You may be denied access to or use of the WEBSITE, User App and Transportation Services if You refuse to provide proof of identity and proof of address.
3.2.It is expected that a reasonable, professional behaviour shall be followed by the SHIPPERs while utilizing the Transportation Services offered by the TSP and while use of the WEBSITE. All the calls made to the AITC may be recorded by the AITC for quality and training purposes.
3.3.AITC may, in AITC’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the WEBSITE and/or TSP services, subject to any additional terms that AITC establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by AITC; (iii) may be disabled by AITC at any time for any reason without liability to AITC; (iv) may only be used pursuant to the specific terms that AITC establishes for such Promo Codes; (v) are not valid for cash; and (vi) may expire prior to Your use. AITC reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that AITC determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these terms.
3.4. Any promotional discounts, offers and reward points in any form accumulated on the WEBSITE by the User can be revoked by AITC without prior notice in the event of suspicious account activity or malafide intent of the user or any other reason. In the case where the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the Account shall be indefinitely suspended. AITC reserves the full discretion to suspend a User's Account and the above event and does not have the liability to share any account information whatsoever.
4. USER’S ACCOUNTS
4.1. In order to use most aspects of the WEBSITE and User App, You must register for and maintain an active personal User account (“Account”) on the User App. You must be at least 18 years of age, or the age of legal majority in Your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to AITC certain personal information, such as Your name, email ID, address, geo location, mobile phone number, ID proof, address proof and age. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the WEBSITE or may also result in AITC’s Termination of this Agreement with You. Misuse and misrepresentation of identity or contact details will lead to automated Termination of services or the use of the WEBSITE and User App without prior notice to You. You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username, password and other account, personal details at all times. It is required at all times that You only possess one Account on Your name. AITC will not be responsible for any hacking of Your Account and any data theft from Your Account.
4.2. By creating an Account, You agree that AITC may send You informational text (SMS) messages, notifications, letters, phone calls, emails as part of the normal business operation of Your use of the WEBSITE.
5. SHIPPERS OBLIGATION AND ACKNOWLEDGEMENT
5.3. The Shipper warrants that the Shipper is the legal owner or the authorized agent of the owner of the goods transported (i.e. Shipment) hereunder and that the Shipper hereby accepts the terms and conditions of this Agreement and all AITC Policies for itself and/or as an agent for and on behalf of any other person having any interest in the Shipment.
5.4. The Shipper warrants that each article in the Shipment is properly described by the Shipper on the booking form provided to the User and it does not contravene the provisions of the Indian Post Office Act, the carriage of goods/ by road act, motor vehicles act or any other state or local law for the time being in force and has not been declared by AITC to be unacceptable for transport as specified below and the Shipment does not contain any articles belonging to the Banned list of products (as per Schedule –A of this Agreement) and that the Shipment is properly packed, marked, inspected, addressed and properly packed to ensure safe handling and transportation.
5.5. The Shipper accepts the condition that the Shipment is being carried by TSP from Pick-up Location only upto the Delivery Location as entered by the Shipper on the User App while booking the Transportation Services of TSP and in case this Shipment has to be rerouted/redirected/returned for any reason whatsoever, the SHIPPER shall pay in all charges levied by TSP for such rerouting/redirection/return as per the normal schedule of TSP as also any octroi, custom duties, warehousing charge, freight charges state local taxes and import duties etc. applicable thereon in cash to the TSP. TSP will hold Shipments at destination mentioned on the booking form for the maximum period of 15 minutes from the date and time of arrival of the TSP at the Delivery Location. Thereafter, TSP reserves the right to return the Shipment without informing the SHIPPER and the SHIPPER shall indemnify AITC and/or TSP against any claim or liability.
5.6. Packing of the Shipment is the responsibility of the SHIPPER. The packaging of the articles rendered for the Shipment should be water proof and should be able to withstand any shocks and external weather conditions. Shipper hereby understands and agrees that AITC and/or TSP will not be responsible for any loss or damage to the products and the Shipment.
5.7. Shipper hereby understands that perishable products may be subjected to harsh environmental conditions, such as excessive temperature or humidity, on the way to their destination. So, its Shippers responsibility to pack the perishable Shipment professionally and correctly. AITC requires that perishable Shipments be packaged for a minimum transit time of 12 hours greater for the Shipments than the delivery commitment for the Shipment. Shipper hereby understands and agrees that AITC and/or TSP will not be responsible for any loss or damage to the products and the Shipment.
5.8. The SHIPPER is solely responsible for proper packing, security, marking, addressing, invoicing, filling out the forms and giving AITC and TSP the correct information regarding the Shipment. AITC or TSP do not incur any liability for information given by You and You will be solely responsible for all costs and expenses including the cost of returning the Shipment to You. AITC and the TSP do not incur any liability.
5.9. The Shipper agrees and accepts that the use of the Transport Services provided by the TSP is at the sole risk and responsibility of the Shipper, and further acknowledges that AITC disclaims all representations and warranties of any kind, whether express or implied.
6. LIEN ON GOODS SHIPPED
6.1. The Shipper acknowledges TSP’s right of lien on its Shipments for any outstanding Fare, freight, any other applicable charges, central, state and local taxes, duties, levies, advances arising out of Transportation Services, whether pertaining to past or present outstanding, in respect of any or all Shipments carried under this Agreement and TSP may refuse to surrender possession of the Shipments until all such charges are paid to the TSP.
6.2. Further, if such charges and Fare are not paid to the TSP within 15 minutes from the date and time of demand by TSP, then TSP may store the goods at the defaulting Shippers own risk.
6.3. AITC (on behalf of the TSP) further reserves its right to confiscate and sell the goods by public auction, tender, private agreement or otherwise or even destroy the goods without prejudice to AITC's other legal remedies to recover its costs, charges and expenses, if the charges and Fare as indicated aforesaid are not paid by the Shipper’s to the TSP.
6.4. TSP’s does not carry, transport any flammable and explosive goods. However, in case of flammable explosive goods, TSP shall have the right to dispose off/ handover the Shipment to police immediately and without any notice and the SHIPPER shall keep AITC indemnified against all claims, charges and expenses incurred by AITC due to such flammable and explosive goods entering into the network of AITC.
6.5. If Consignee refuses delivery or to take delivery or to pay on delivery or the Shipment is deemed to be unacceptable, or it has been undervalued for tax purposes or Consignee cannot be reasonably identified or located. TSP shall use reasonable efforts to return the Shipment to the Shipper at Shipper's cost, failing which the Shipment may be released, disposed off or sold by AITC (on behalf of TSP) without incurring any liability whatsoever to the Shipper or anyone else.
7. SHIPPING TIME
7.1. Shipping Time depends on the Vehicle chosen, road conditions, weather conditions, time of booking, external environment, traffic, the destination of delivery, internet availability, availability of good quality telecommunication and internet services and the TSP. Shipping time does not include any delay in customs, toll collection, riots, strikes, Vehicle breakdown, change in government rules and regulations, traffic diversion, accidents, hacking, loss of internet, man-made disasters, natural disaster, and changed traffic condition due to natural disaster and or interruption caused by nature or Act of God or delays due to any other external event.
7.2. Weekend days, public holidays, bank holidays, delays caused by government authorities, delays attributable to compliance with mandatory local security requirements or other events beyond TSP’s and AITC control. The estimated delivery time displayed by the system at the time of booking is just an estimate (“Estimated Delivery Time” or “EDT”) and You understand that there is no guarantee that the TSP will be able to deliver the Shipment within the Estimated Delivery Time. The EDT does not incorporate any delay due to the current local conditions and effect of the external event and any other delay due to delay in customs, toll collection, riots, strikes, Vehicle breakdown, change in government rules and regulations, accident, traffic diversion, man-made disasters, natural disaster, and changed traffic condition due to disaster and or interruption caused by nature or Act of God or delays due to any other external event. The route decision for your Shipment will be at TSP’s sole discretion.
7.3. You hereby agree that the TSP may take more than the Estimated Delivery Time shown to you by the system at the time of Transportation Services booking or at the time of pick-up.
8. FARE AND PAYMENTS
8.1. You understand that use of the Transportation Services provided by the TSP will result in charges to You. After You have booked the Transportation Services and the TSP has collected the Shipment from the Pick-up Location, You will need to pay the TSP the Fare to the TSP through the selected payment mode. In case You have selected cash payments then You will need to pay the Fare in Cash. In case You have selected UPI payment then AITC will facilitate Your payment of the Fare on behalf of the TSP as such a limited payment facilitator through third party Online Payment Gateway Provider. Payment of the Fare in such manner shall be considered the same as payment made directly by You to the TSP. Any taxes if applicable will be charged directly by the TSP to You. Fare paid by You is non-refundable.
8.2. All Fares are due immediately and online UPI (United Payments Interface) payments will be facilitated by AITC through third party Online Payment Gateway Providers, after successful payment AITC may send You a receipt on behalf of the TSP by email or SMS. If Your payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that AITC may, as the TSP’s limited payment facilitator agent, use a secondary payment method in Your Account, if available. You also agree to abide by the terms and conditions of the third party Online Payment Gateway Provider, NPCI, acquiring banks and card associations.
8.3. You agree that AITC reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the WEBSITE at any time in AITC’s sole discretion and may also establish, remove and/or revise charges and rates for any or all Transportation Services provided by TSP, upon TSP’s request or due to government regulations or due to change in market conditions. Further. AITC will use reasonable efforts to inform You of charges that may apply, provided that You will be responsible for charges incurred under Your Account regardless of Your awareness of such charges or the amounts thereof. AITC may from time to time provide certain Users with promotional offers and discounts, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the WEBSITE or the charges applied to You.
8.4. The Fare is intended to compensate the TSP for the Transportation Services provided by the TSP to You. You understand and agree that, while You are free to provide additional payment as a gratuity/ tip to the TSP who provides You with the Transportation Services. Gratuities are voluntary and You are under no obligation to do so. After You have received the Transportation Services, You will have the opportunity to rate Your experience and leave additional feedback about the TSP.
8.5. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, TSP’s Vehicles and property results from use of the Transportation Services under Your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). Such Repair or Cleaning fees needs to be paid by You to the TSP directly in cash with mutual discussion and mutual agreement.
8.6. All taxes such as octroi, road toll taxes, parking charges, loading charges, unloading charges, service tax, gst, Usage fee, any other government levied taxes and other statutory payments (“Taxes”) levied on the Shipments and TSP are to be borne by the Shipper and in Shippers absence the same will be borne by the Consignee. The TSP will not extend any credit for such charges and taxes. All such Taxes will be directly chargeable to You by the TSP and will be collected separately by the TSP in cash. This amount will in addition to the Fare.
8.7. The Shipper will pay the Fare to the TSP, which is inclusive of run-time charges, per kilometre charges, booking charges, additional night surcharge. Also the Shipper will be required to pay the TSP other applicable charges (exclusive of Fare) such as toll tax, parking fees, loading and un-loading charges and any fee or levy (“Other Charges”) presently payable or hereinafter imposed by the law or required to be paid for availing of the Transport Services in cash and such charges will vary from situation to situation basis.
8.8. You agree and understand that the TSP may charge You Fare based upon the longest possible route between the Pick-up Location and Delivery Location.
9.1. The SHIPPER can request for cancellation of the Transportation Services request any time before the arrival of the TSP at the Pick-up Location.
9.2.In case SHIPPER cancels the Transportation Service request after the TSP has reached the pick-up point then a cancellation fee may be charged to the user which will be inclusive of one time booking charge including the service tax.
9.3.In case the SHIPPER cancels the Transportation Service request made through the WEBSITE three (3) times consecutively, then AITC reserves the right to deactivate or suspend that User account without any further notice or reason.
9.4.The cancellation fee will be equivalent to the one time booking charge of the TSP. This might differ depending upon the SHIPPER’s city and the type of Vehicle booked by the SHIPPER.
9.5.You hereby agree to abide by the cancellation fee terms and conditions.
9.6.In case You cancel a Transportation Service request due to TSP issues, please write the same in detail in the comments section while cancelling the booking or email us Your issue with Your full details, order ID, TSP name, Vehicle no., date and time of booking, city, TSP ID to email@example.com.
10. INCORRECT ADDRESS AND GEO LOCATION
10.1. If the TSP is unable to deliver a Shipment because of an incorrect Pick-up Location or Delivery Location, then the TSP will make all reasonable efforts to communicate with the Shipper and/or Consignee to find the correct location/address; TSP may attempt to deliver the Shipment to the corrected location/address (if the corrected address is within 2 kilometres radius from the Delivery Location) in collaboration with the SHIPPER and/or Consignee but additional charges will apply which will be decided by the TSP at its sole discretion and the additional charges will be payable by the Consignee in cash to the TSP upon delivery of Shipment. In case the additional charges due to change in Delivery Location is not paid by Consignee or the Consignee refuses to pay the additional charges then TSP will refuse the delivery of the Shipment and the TSP will confiscate the Shipment until payment.
10.2. Deliveries to post office box numbers are not accepted and cannot be delivered.
10.3. In the event the TSP is unable to deliver the Shipment at the first attempt then You agree that the TSP may return the Shipment to the SHIPPER and additional charges for the return journey and return delivery will be applicable which will be equivalent to the delivery Fare (paid by the User at time of booking) less base fare.
11. SHIPMENT INSURANCE
11.1. The SHIPPER may, if so desires can insure its Shipments at the Shippers own costs. AITC will not be held liable for any loss or breakage or accident or damage to the Shipment or theft of the Shipment under any circumstances.
12. LOSS, DAMAGE AND CLAIM
12.1.The Shipper hereby agrees that any claims relating to any loss or damage to the Shipment or theft of the Shipment will be made directly by the Shipper to the concerned TSP who had provided the Transportation Services for that Shipment without involving AITC as a party. AITC will not be liable for any claims or any losses.
12.2.The Shipper hereby agrees that any claims to the TSP will be with respect to the TSP’s loss damage and claim policy as mentioned in the Schedule-B of this agreement.
12.3.The Shipper hereby agrees that AITC will never form a part of the claim process and AITC will also not interfere in the process.
12.4.The Shipper hereby also agrees that no claims will be raised by the Shipper against AITC at any point of time.
13. MATERIALS NOT ACCEPTED FOR CARRIAGE
13.1The Shipper hereby agrees that the Shipper will not include any material/ products in the Shipment which are classified as hazardous material, dangerous goods, prohibited, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department (either the local, state, central government and its concerned departments) or other relevant organization/s.
13.2 The Shipper hereby agrees that the Shipper will not include any material/ products in the Shipment which are not permitted by the local or state or central government laws/rules/restrictions in force or where no declaration is made when required by applicable local regulations and / or any other relevant laws.
13.3. The Shipper hereby agrees that the Shipper will not include any material/ products in the Shipment which AITC decides or the TSP decides unfit for transportation (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography material, illegal narcotics/drugs).
13.4. The Shipper hereby agrees that the Shipper will not include any material/ products in the Shipment which are mentioned in the list of Banned Products (as per Schedule-A of this Agreement).
13.5.The Shipper hereby agrees that the Shipper will not include any material/ products in the Shipment that fall under the following category (as per IATA in the dangerous goods regulations):
a. Class 1: Explosives
b.Class 2: Gases
c.Class 3: Flammable Liquids
d.Class 4: Flammable Solids
e.Class 5: Oxidizers and Organic Peroxides
f.Class 6: Toxic & Infectious Substances
g.Class 7: Radioactive Material
h.Class 8: Corrosives
i.Class 9: Miscellaneous
14. RESTRICTION AND CONDITIONS
14.1. The Shipper hereby agrees to provide accurate information to AITC and TSP. AITC and/or TSP can verify the information that You have provided.
14.2. You hereby agree that You will use the WEBSITE for personal purpose only and You will not assign or otherwise transfer Your account to any other person or legal entity.
14.3. You hereby agree that You will not use the WEBSITE for unlawful purposes, including but not limited to sending or storing any unlawful, banned material, duplicate materials, money, currency, socially sensitive material or for fraudulent purposes.
14.4. You hereby agree that You will not use the WEBSITE to cause nuisance, annoyance or inconvenience.
14.5. You hereby agree that You will not impair the proper operation of the WEBSITE, network, User App, AITC systems, AITC software’s and the TSP App. You also agree that You will not try to harm the network, User App, AITC systems, AITC software’s, WEBSITE in any way whatsoever.
14.6. You hereby agree that You will not copy, use, or distribute the WEBSITE, User App or other AITC contents, AITC information and data.
14.7. You hereby agree that You will keep Your account password, account information, other personal information confidential or any other identification We provide You which allows access to the WEBSITE/ User App.
14.8. You hereby agree that You will provide with whatever proof of identity and proof of address that We and/or TSP may reasonably request.
14.9. You hereby agree that You will comply with all applicable rules, regulations and laws while using the WEBSITE and the User App.
14.10. You hereby agree that You will refrain from doing anything which We reasonably believe to be disreputable or capable of damaging the company (AITC) reputation or brand image.
14.11. You hereby agree that You will not, in Your use of the WEBSITE, cause nuisance, annoyance, inconvenience, or property damage, whether to AITC, TSP, public property or any other party.
14.12. You acknowledge that AITC and TSP rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the WEBSITE is not eligible to use the same.
14.13. You hereby agree that a request for Transportation Services can be made through the User App only. You understand and undertake that the use of the WEBSITE and User App is only for Your personal purpose. You hereby agree that You will not be book on behalf of others, even if the person belongs to the same family, business, workplace, office, society, community or deemed community or registered community.
14.14. You acknowledge that there may be a delay in pick-up, transportation and delivery of the Shipment, as the TSP may take a longer route or due to any other circumstances, and that You shall have no claim against AITC and the TSP in this regard.
14.15. You hereby agree that You will not use the WEBSITE for case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of this Agreement, and You acknowledge that AITC and TSP shall have no obligation in this regard.
14.16. You hereby agree that You should report promptly and hand over the Shipment to the TSP promptly and on time.
14.17. You hereby agree that You will need to pay the loading and unloading charge to the TSP, in case you require the TSP to load and un-load the Shipment on and off form the vehicle. You also agree that the TSP may deny Your request to provide services to load and un-load the Shipment. The loading and unloading charges decided by the TSP will be final and binding upon You.
14.18. You hereby agree that You will avoid talking loudly and rudely to the TSP and employees of AITC
14.19. You hereby agree that You will not use foul or abusive language in conversation with TSP and employees of AITC or any representative of AITC or any other third party. You must maintain decorum and refrain from indulging in heated discussions or debate(s) with the TSP and employees, representatives of AITC and any other third party.
14.20. You hereby agree that You will avoid getting personal or overtly friendly with TSP and employees of AITC. You agree that You do not indulge in any inappropriate behaviour, verbal or otherwise, with TSP and employees, representatives of AITC.
14.21. You hereby agree that You will not request the TSP to halt at any shop, retail outlet, for any other pick-up or consolidation/de-consolidation etc.
14.22. You hereby agree that You will not: (i) remove any copyright, trademark or other proprietary notices from any portion of the User App and/or WEBSITE; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services and User App, except as expressly permitted by AITC; (iii) decompile, reverse engineer or disassemble the User App and/or the WEBSITE; (iv) link to, mirror or frame any portion of the User App and/or WEBSITE; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the User App and/or WEBSITE or unduly burdening or hindering the operation and/or functionality of any aspect of the User App and/or WEBSITE; or (vi) attempt to gain unauthorized access to or impair any aspect of the User App and/or WEBSITE or its related systems or networks or AITC database and information.
14.23. You hereby agree that You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the WEBSITE or any content, or in any way reproduce or circumvent the navigational structure or presentation of the WEBSITE or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the WEBSITE. We reserve the right to bar any such activity.
14.24. You hereby agree that You shall not bypass the measures we may use to prevent or restrict access to the User App and WEBSITE, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the User App and WEBSITE or the content therein.
5.25. You hereby agree that You shall not probe, scan or test the vulnerability of the User App, WEBSITE or any network connected to the WEBSITE nor breach the security or authentication measures on the WEBSITE or any network connected to the WEBSITE. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the WEBSITE, or any other SHIPPER or any other user, including any of Our account not owned by You, to its source, or exploit the WEBSITE or any service or information made available or offered by or through the WEBSITE, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the WEBSITE.
14.26. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the WEBSITE or AITC systems or networks, or User App or any systems or networks connected to the WEBSITE.
14.27. You hereby agree that You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the WEBSITE or any service offered on or through the WEBSITE. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
14.28. You hereby agree that You shall not use the WEBSITE, User App or any content for any purpose that is unlawful or prohibited by this Agreement and/or AITC Policies as well as the applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of AITC, TSP or others.
14.29. You hereby agree that You shall not use the WEBSITE in any manner that could damage, disable, overburden, block or impair any of the servers connected to the WEBSITE. You may not attempt to gain unauthorized access to the WEBSITE through hacking, password mining or any other means.
14.30. You hereby agree that You shall not reverse engineer, decompile and disassemble any software or User App or WEBSITE or any AITC software and systems.
14.31. You hereby agree that You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about AITC or ‘Aileo’ or the brand name or any domain name used by AITC or otherwise engage in any conduct or action that might tarnish the image or reputation of AITC on Our platform or otherwise tarnish or dilute any of Our trademarks or servicemarks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by AITC.
14.32. You hereby agree that You are responsible for obtaining the data network or wireless network access necessary to use the WEBSITE and User App. Your mobile network’s data and messaging rates and fees may apply if You access or use the WEBSITE or User App from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the User App and WEBSITEs and any updates thereto. AITC does not guarantee that the WEBSITE or User App, or any portion thereof, will function on any particular hardware or devices. In addition, the WEBSITE and the User App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
14.33. At present, we don’t charge You any fees for the use of the User App and WEBSITE. However, in the future, we reserve the right to charge fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the WEBSITE. In such an event we reserve, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the WEBSITE.
14.34. In addition to other reasons mentioned under the Termination clause of this Agreement, AITC reserves the right to immediately terminate this Agreement, Your account and the use of the WEBSITE, should You not comply with any of the rules, terms and conditions mentioned in this Agreement. If You are not eligible, please immediately abandon any and all attempts to register with Us or use of AITC services or WEBSITE or User App.
14.35. The SHIPPER agrees and acknowledges that the use of the WEBSITE and User App offered by AITC is at the sole risk of the SHIPPER and that AITC disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, the AITC makes no representation or warranties that:
a. The services provided by the TSP or WEBSITE will meet the SHIPPER's requirements.
b. The services provided by the TSP or use of WEBSITE will be uninterrupted, timely, secure, or error-free.
c. AITC shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the SHIPPER arising out of the use of service’s or WEBSITE offered by AITC or due to the failure of AITC or TSP to provide services to the SHIPPER for any reason whatsoever including but not limited to the SHIPPER's non-compliance with the services recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of AITC or any person or any organization involved in the above mentioned systems.
d. AITC will not be liable for any damages of any kind arising from the use of the service or WEBSITE offered by the AITC, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
e. The SHIPPER shall make an alternate arrangement if the TSP has not reached the pick-up location due to any reason.
14.36. The SHIPPER agrees to ensure that the Shipper will not indulge in any of the following activities while availing the service:
a. Soiling or damaging the body and/or any other interiors of the Vehicle or of any Vehicle equipment.
b. Misusing, soiling or damaging any of the devices (technical/non-technical) of the vehicle or of TSP
c. Asking the TSP to break any traffic/RTO/police and/or government rules for any purpose. The TSP has the right to refuse such a request by the SHIPPER. The TSP also has the right to refuse such a pick-up or Shipment.
d. Pressurizing the TSP to overload the vehicle with the consignment than the allowed limit.
e. Pressurizing the TSP to wait for more than 10 minutes at the pick-up or drop location.
f. Pressurizing the TSP to park the vehicle at non-designated parking zones.
14.37. You hereby agree that to indemnify AITC from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which AITC may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the WEBSITE by the Shipper and the Transportation Services provided by the TSP to the SHIPPER and shall pay such sums on demand on the AITC. AITC shall be entitled at any time without giving any reason to terminate the Transportation Services booking done by the SHIPPER.
14.38. You hereby agree that in case of lost items during the journey, the Shipper will have to coordinate with the TSP to try to locate the item on a "best-effort" basis. In such cases AITC will only act as a facilitator between TSP and SHIPPER. AITC will not be responsible for the loss or damage to the items or Shipment.
14.39. Any complaint in respect of the WEBSITE or the Transport Services provided by the TSP, the SHIPPER has to inform AITC of the same in writing or through an email to firstname.lastname@example.org within one (1) hour of using the WEBSITE or TSP’s Transport Services.
14.40. You hereby agree that AITC shall not be liable for any conduct of the TSP. However, the AITC encourages You to notify it of any complaints that You may have against the TSP that You may have hired for availing the Transportation Services using the WEBSITE and User App.
14.41. AITC shall be entitled to add to, vary or amend any or all these terms and conditions at any time and the SHIPPER shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at AITC's WEBSITE or at www.aileo.in on the date that AITC may indicate that such addition, variation or amendment is to come into effect.
14.42. You hereby agree that all the calls made to the AITC's call centre may be recorded by the AITC for quality, audit and training purposes.
14.43. You hereby agree that AITC and TSP reserves the right of inspection of Shipment. You hereby agree that AITC and TSP have the right but not the obligation to open and/or inspect the Shipment.
14.44. You hereby agree that TSP reserves the right to refuse Shipments not conforming to the terms and conditions of this Agreement without assigning any reason whatsoever. AITC may also direct the TSP to refuse the Shipments without assigning any reason whatsoever.
14.45. AITC has specified a list of Banned Products (as per Schedule-A of this agreement) for which the Transportation Services provided by the TSP’s cannot be used. In case any User is found booking Transportation Services for such Banned Products through the WEBSITE or User App and failure declare such Banned Products can lead to prosecution where unlimited fines and imprisonment is possible. Also AITC may terminate this agreement without any prior notice.
14.46. Any attempt to circumvent the established AITC process or to divert the TSP to another website or logistics portal or mobile application or other logistics service providers or book the TSP offline or AITC competitors is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage AITC users to leave the AITC WEBSITE are prohibited. This may include the use of email or the inclusion of hyperlinks, URLs or web addresses within any USER-generated confirmation email messages or any product/listing description fields.
14.47. You hereby agree that unsolicited email and phone communications with TSP, AITC and other users, through email, SMS and phone communications other than as necessary for availing Transportation Services, and emails, SMS and phone calls related to marketing communications of any kind are prohibited.
14.48. You hereby agree that Operating and maintaining multiple USER accounts is prohibited.
14.49. You hereby agree that if You upload excessive amounts of data, images repeatedly, or otherwise use the service in an excessive or unreasonable way, AITC may in its sole discretion restrict or block Your access to the WEBSITE, User App or any other functions that are being misused by You.
14.50. Any attempt to manipulate ratings, feedback, or reviews is prohibited.
14.51. You may not post abusive or inappropriate feedback or include personal information about a TSP. This also includes posting ratings or feedback to Your own account. You must not pay or offer any incentive to the TSP for either providing or removing feedback.
14.52. Review solicitations that ask for only positive reviews or that offer compensation are prohibited. You may not ask TSP’s to modify or remove reviews.
14.53. Failure to adhere to the Copyright and trademark rules can lead to blacklisting of Your account. In the event of any legal disputes initiated via any authority/ court/ government authority or intimation of infringing actions on You part, we may have to disclose Your particulars to the authority concerned for the purpose of legal compliance. Any Shipment of illegal materials through the use of the WEBSITE will be in violation of this agreement and AITC policies and You will be liable for legal action.
14.54. A USER will be blacklisted and this agreement may be terminated if the USER has poor performance based on the following criteria:
a. High cancellations
b.Due to poor quality packaging of Shipments
c.Poor USER ratings and negative reviews
d.Repeated violation of USER performance policy thresholds
e.Copyright/ trademark infringement
f.Non-payment of Fare and other charges to the TSP
g.Price/ Fare/ Promocode/ Discount abuse
h.Abusive and/or unsocial behaviour
i.Using packaging materials of competitors
j.Any attempts at fraudulent activity that will affect TSP, other users or AITC
k.Physical audit results
l.Repeated complaints from TSP’s
m. Complaints from third parties and government
n.Non-payment of applicable parking charges, toll taxes, loading charges and un-loading charges to TSP
o.Not maintaining receipt of cash payments
p.Not compiling with government laws etc.
14.55. The USER may be blacklisted due to poor performance on a single criteria or a combination of the aforementioned factors.
14.56. If a USER is found making false claims against or any TSP or AITC in order to earn a benefit, the User will be blacklisted.
14.57. Violations of this policy may result in a range of actions, including but not limited to the following:
a.Limits placed on account privileges
b.Loss of special status and/or
e.Imposing fine and penalty
14.58. USER(s) who have a high number of disputes raised against them by TSP’s will be blacklisted.
14.59. If a USER consistently receives negative feedback from TSp’s, he/she will be blacklisted.
14.60. AITC expects its USER(s) to be courteous, professional and respectful while interacting with AITC and/or TSP through any other form of communication. Failing to do so, a USER will be blacklisted. The following will be considered as threat & abuse:
a.Threat of bodily harm
b.Misuse of AITC's system
c.Misuse of WEBSITE
d.Spoof (fake) email
f.Offers to provide services outside the WEBSITE
g.Threats of physical harm via email, phone calls or public message boards will be dealt with seriously.
h.Failure to take correct measures will lead to blacklisting of the USER
i.Abuse and/or talk rudely
j.Behave in an un-social and/or illegal manner
14.61. If a USER is found or reported to be posting fake reviews or ratings on the WEBSITE for TSP’s or someone else's, either to increase or diminish transactions of any TSP, his/her account will be blacklisted.
14.62. If the User is found using Transportation Services from TSP’s for transporting/ delivering/ shipping the products that fall under the Banned List of Products (as per Schedule-A of this agreement), the User will be blacklisted and will be charged a heavy fine/ penalty.
14.63. If a USER is found engaging in theft, robbery, accidents, and other illegal activities which can cause direct or in-direct harm to AITC or TSP or to any other person, he/she will be blacklisted.
14.64. Wilful intention to commit fraud against fellow user, TSP’s or AITC or any other third party or the WEBSITE will lead to blacklisting.
14.65. Repeated use of poor quality packaging or using AITC’s competitors packaging will lead to blacklisting.
14.66. Any misbehaviour of USERS towards TSP will lead to USER account being blacklisted.
14.67. If a USER holds multiple accounts, all the accounts will be blacklisted.
14.68. AITC prohibits the use of language that is racist, abusive, un-constitutional, hateful, sexual, or obscene in nature by the Users.
14.69. If a feedback comment or any communication made on the WEBSITE, or an email communication between USER(s) and TSP in relation to transactions conducted on the WEBSITE contains profanity, please write to us at email@example.com and submit a request for action/removal.
14.70. USER will not share AITC’s confidential information and data with any third party, TSP and AITC’s competitors. USER will not file or report false claims, allegations against AITC or any of its affiliates with any third parties, police and government authorities.
15. AUDIT AND INSPECTION
15.1. AITC shall have the full right to inspect and audit the Shipment, Users place of business, Users warehouse and Users ID proof and address proof and User records through itself or through AITC approved third party in case the same is required to ensure AITC compliance of Applicable Laws or any statutory obligations / instructions and to ensure the compliance of Your operations with respect to AITCs internal quality standards at any point of time without any prior notice.
15.2. Except as required by law, the User shall be solely responsible for compiling and retaining permanent records of all cash payments made to the TSP, and the receipts issued by the TSP for all transactions and Shipments. AITC shall be entitled to check the records and statements of User to ensure compliance with the User(s) obligations under this Agreement at such intervals or times as AITC may deem fit.
15.3. If the USER refuses such inspection or provides inaccurate, untrue, or incomplete information, or fails to comply with the terms and conditions of this Agreement, AITC reserves the right to suspend or terminate this Agreement, User access to the WEBSITE and User App and AITC services forthwith.
16. INTELLECTUAL PROPERTY RIGHTS
16.1. AITC is the sole owner or lawful licensee of all the rights to the WEBSITE, User App and its content. WEBSITE, User App content means its design, ui, ux, layout, text, images, graphics, sound, contents, video etc. The WEBSITE, User App content embodies trade secrets, business process, business model and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the WEBSITE and its content shall remain with AITC, its affiliates or licensor's of AITC content, as the case may be.
16.2. All rights not otherwise claimed under this Agreement, are hereby reserved by AITC. The information contained in the WEBSITE, User App is intended, solely for the personal use of the User, and the User accepts full responsibility for its use. AITC does not represent or endorse the accuracy or reliability of any information, image, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the WEBSITE, or the quality of any service, information or other materials displayed, or obtained by You as a result of any advertisement or any other information or offer in or in connection with the WEBSITE.
16.3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of the WEBSITE, User App. All information in the WEBSITE and User App is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall AITC be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service. The User must hereby acknowledge that any reliance upon any content shall be at their sole risk. AITC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the WEBSITE and User App.
16.4. All related icons and logos are registered trademarks or trademarks or service marks of AITC in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
16.5. All content on the WEBSITE and User App is the copyright of AITC except the third party content and link to third party site on the WEBSITE. Any systematic retrieval of AITC content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from AITC is prohibited.
16.6. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of Your access to and use of WEBSITE and User App, You agree that You will not use the WEBSITE, User App service to infringe the intellectual property rights of AITC and others in any way. AITC reserves the right to terminate the Account of a User upon any infringement of the rights of others in conjunction with use of the WEBSITE, or if AITC believes that User conduct is harmful to the interests of AITC, its affiliates, or other users, or for any other reason in AITC's sole discretion, without cause.
16.4. TSP shall have the full right to open and inspect the Shipment, Users ID and address proof.
17. PROPRIETARY RIGHTS AND LICENSE
17.1. Subject to Your compliance with the terms and conditions of this Agreement, AITC grants You a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the User App on Your personal device solely in connection for You to avail the Transportation Services provided by TSP’s and (ii) access and use any content, information and related materials that may be made available through the User App, in each case solely for Your personal, non-commercial use. Any rights not expressly granted herein are reserved by AITC and AITC’s licensors.
17.2. Restrictions: User shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the WEBSITE, User App in any way; (b) modify or make derivative works based upon the WEBSITE or User App or TSP App; (c) improperly use the WEBSITE or User App or TSP App, including creating Internet “links” to any part of the WEBSITE or User App, “framing” or “mirroring” any part of the WEBSITE or User App on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the WEBSITE or User App; (d) reverse engineer, decompile, modify, or disassemble the WEBSITE or User App or (e) send spam or otherwise duplicative or unsolicited messages. In addition, User shall not, and shall not allow any other party to, access or use the WEBSITE or User App or TSP App to: (i) design or develop a competitive or substantially similar product or service or software; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the WEBSITE an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the WEBSITE; or (iv) attempt to gain unauthorized access to the WEBSITE, User App, TSP App or its related systems, software’s or networks.
17.3. Ownership: The WEBSITE, User App and AITC Data, including all intellectual property rights therein, are and shall remain the property of AITC, its Affiliates or their respective licensors. Neither this Agreement nor User’s use of the WEBSITE, User App or AITC Data conveys or grants to User any rights: (a) in or related to the WEBSITE, User App or AITC Data, except for the limited license granted above; or (b) to use or reference in any manner AITC’s, its Affiliates’, or their respective licensors’ individual names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, User acknowledges AITC’s rights in its AITC family of trademarks and names, including AITC, alone and in combination with other letters, punctuation, words, symbols and/or designs, the AITC Logo, Aileo Logo and “keep innovating” tagline and “move it” tagline and all other AITC trademarks and logos (“AITC Marks and Names”). User agrees it will not try to register or otherwise claim ownership in any of the AITC Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
19. USER PROVIDED CONTENT
19.1. AITC may, in AITC’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to AITC through the WEBSITE, services, textual, audio, and/or visual content and information, including commentary and feedback related to the WEBSITE, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by You remains Your property. However, by providing User Content to AITC, You grant AITC a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and AITC’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
19.2. You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant AITC the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor AITC’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
19.3. You agree to not provide User Content that is illegal, defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by AITC in its sole discretion, whether or not such material may be protected by law. AITC may, but shall not be obligated to, review, monitor, or remove User Content, at AITC’s sole discretion and at any time and for any reason, without notice to You.
20. THIRD PARTY SERVICES AND CONTENT
21. REPRESENTATION AND LIMITATIONS
21.1. Without prejudice to the above, the AITC makes no representation or warranty that the WEBSITE will meet the SHIPPER's requirements and that the services will be uninterrupted, timely or error-free.
21.2. AITC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE WEBSITE OR TRANSPORTATION SERVICES PROVIDED BY THE TSP, EVEN IF AITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AITC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE WEBSITE OR TRNASPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR TRNASPORTATION SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND TSP, EVEN IF AITC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AITC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE OF WEBSITE RESULTING FROM CAUSES BEYOND AITC’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THE TSP PROVIDES TRANSPORTATION SERVICES REQUESTED AND LOGISTICS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL AITC BE LIABLE TO PAY YOU ANY COMPUNSATION. AITC WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE OR SERVICE OR QUALITY RELATED ISSUES WITH TRANSPORTATION SERVICES AND WITH TRNASPORT SERVICE PROVIDER (TSP).
21.3. USER APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THE TRANSPORT SERVICE PROVIDER (TSP), BUT YOU AGREE THAT AITC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY TRANSPORT SERVICE PROVIDERS (TSP). YOU HEREBY UNDERSTAND THAT AITC DOES NOT GURANTEE THE PERFORMANCE OF ANY TSP. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE TSP WILL BE DIRECTLY AND SOLELY LIABLE FOR ANY LOSS OR DAMAGE TO THE SHIPMENT OR THEFT OF THE SHIPMENT.
22. EXCLUSION OF LIABILITY
22.1. AITC will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of use, loss of an opportunity to the SHIPPER. Even if such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
22.2. AITC will not be liable if We do not fulfil any obligations as per this Agreement as a result of circumstances beyond our control such as (inclusive but not limited to):
a.Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, natural or man-made disasters
b.force majeure including (but not limited to) war, accidents, acts of public enemies,
c.strikes, embargoes, perils of the air, local disputes or civil commotions;
d.national or local disruptions in air or ground transportation networks and
e.mechanical problems to modes of transport or machinery;
f.latent defects or inherent vice in the contents of the Shipment;
g.criminal acts of third parties such as theft, loot or arson;
h.hacking, theft, software problems;
i.payment processing related problems, nodal bank related problems, card association related issue;
j.man-made disasters and accidents etc.
22.3. Your acts or omissions or those of third parties such as:
a. You being in breach of (or any other party claiming an interest in the Shipment causing You to breach) Your obligations under this Agreement and in particular those warranties set out in this document
b.An act or omission of any tax, customs, security, transport or government official.
c.The contents of the Shipment consisting of any article that is a prohibited item even though we may have accepted the Shipment by mistake.
d.Our or TSP’s refusal to make any illegal payments on Your behalf.
23.1. User shall indemnify, defend (at AITC’s option) and hold harmless AITC and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) User’s breach of its representations, warranties or obligations under this Agreement; or (b) a claim by a third party (including TSP, regulators and governmental authorities) directly or indirectly related to User’s provision of Transportation Services or use of the WEBSITE or (c) non-performance of the TSP or any quality and service issues related to Transportation Services and TSP or (d) any loss, theft, damage, to the Shipment due to any reason or (e) AITC’s use of Your User Content.
23.2. User is and shall be solely responsible for its use of Transportation Services provided by TSP. As such, User shall indemnify, defend (at AITC’s option) and hold harmless AITC and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes directly or indirectly arising out of or related to its use of Transportation Services provided by TSP or use of the WEBSITE.
23.3. User shall be under an obligation to ensure that AITC is not made a party to any third party claims and shall promptly and unilaterally take adequate steps to absolve AITC from any liability of any nature whatsoever, either present or anticipated.
23.4. AITC shall be entitled to request an amount from the User which in its reasonable estimation is required to safeguard its interests or comply with statutory directions / instructions or to cover losses, damages, liabilities, penalties or claims or towards the indemnification obligation of the User herein contained.
23.5. User release and indemnify AITC and/or any of its directors, shareholders, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users on the WEBSITE and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, AITC cannot control the information provided by other users which is made available on the WEBSITE. You may find other user's or TSP’s information, behaviour to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe business when using the WEBSITE and/or User App. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
24. CONSENT TO ELECTRONIC COMMUNICATION AND TRANSACTION
24.1. By continuing to log in, sign up and register Your Account on the WEBSITE, User App and using TSP’s Transportation Services, You consent to conduct transactions and receive communications, notices and information from Us electronically, whether sent by e-mail, SMS, notifications, call, published on WEBSITE or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to the email address, mobile number that as per our records, or when we post the electronic communication on the WEBSITE.
25. MISCELLANEOUS TERMS
25.1. Modification: AITC reserves the right to amend, modify, update the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement, as applicable, on the User App available to User on the WEBSITE. AITC reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. User hereby acknowledges and agrees that, by using the WEBSITE, or downloading, installing or using the User App, User is bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the WEBSITE or User App after any such changes shall constitute User’s consent to such changes. Shipper shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into this Agreement.
25.2. Supplemental Terms: Supplemental terms may apply to User’s use of the WEBSITE, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). User may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. The terms of this agreement shall prevail in the event of a conflict.
25.3. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable (part of the) provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable (part of the) provision, given the contents and purpose of this Agreement.
25.4. Assignment: User may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party. AITC may assign or transfer this Agreement or any or all of its rights or obligations hereunder, in whole or in part, under this Agreement from time to time without User’s consent.
25.5. Entire Agreement: This Agreement, including the recitals, AITC Policies and all Supplemental Terms, constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertaking regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
25.6. Notices: Any notice delivered by AITC to User under this Agreement will be delivered by email and/or SMS and/or by post to the email address and/or mobile number and/or address associated with User’s account or by posting on the online portal/ User App available to the User on the WEBSITE. Any notice delivered by User to AITC under this Agreement will be delivered by contacting AITC at HIG-2 Sector-1 Shankar Nagar Raipur Chhattisgarh – 492001 and through email to firstname.lastname@example.org. Additional territory-specific notices may be required from time to time.
25.7. Non-Decimation Policy: AITC and its affiliates prohibit discrimination against TSP’s based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to accept Transportation Services based on any of the above characteristics. Any User found to have violated this prohibition will lose access to the User App, WEBSITE and AITC may terminate this agreement. Also the TSP may lodge an individual complaint with the police against the User.
25.8. Force Majeure: Any delay in or failure to perform any obligations by the AITC under this Agreement shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of the AITC committing default, including but not limited to technical crash/downtime of WEBSITE and/or User App, acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage, hacking, accidents, and non- cooperation of third parties. Provided, however, that USER shall give prompt written notice within a period of two (2) hours from the date of the force majeure occurrence to the AITC. You shall use all possible efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. During a force majeure condition You shall give first priority to complete or fulfill the orders You have received through the WEBSITE.
25.9. Obligation towards Acquiring Banks and Card Associations: As the USER shall comply with all applicable rules, guidelines, instructions, requests and actions, etc. made by the Acquiring Banks and/or Card Associations and/or NPCI from time to time. The USER further acknowledges that the Acquiring Banks and Card Associations may also put limitations and restrictions on the USER, at its sole discretion from time to time which if available shall be communicated to the USER. In addition, the Acquiring Banks has the right to deny, suspend and/or terminate services, make inspections or inquiries in relation to the transaction, etc. AITC reserves the right to suspend services and/or terminate this agreement in the event of breach of this clause by the USER. The USER understands that the Acquiring Banks Services, NPCI rules and Card Association Rules form a part of this Agreement. In the event that USER non-compliance of Acquiring Banks and/or Card Association Rules and/or NPCI, results in any fines, penalties or other amounts being levied on or demanded of AITC and/or Online Payment Gateway Provider by a Card Association or acquiring Ban, then without prejudice to AITC’s other rights hereunder, USER shall forthwith reimburse AITC and/or Online Payment Gateway Provider in an amount equal to the fines, penalties or other amount so levied or demanded. If the USER fails to comply with its obligations towards the Acquiring Banks and/or Card Associations, AITC may suspend or terminate this agreement, USER(s) access to WEBSITE, Services and may put a fine upon the User.
25.10. User shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the WEBSITE or User App or TSP App or AITC systems or AITC software’s or content or in any way reproduce, or circumvent the navigational structure, presentation of the WEBSITE, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the WEBSITE. WE reserve OUR rights to bar any such activities. In case the User is found involved in such activities then AITC may Terminate this Agreement and file legal case and report against You.
25.11. You hereby grant AITC to advertise on the packaging material, shipment packaging and any other place on the Shipment as per AITC discretion. You hereby also agree that You will not demand any monetary and non-monetary benefit from such advertisement by AITC on You Shipment(s) or packaging.
26. GOVERNING LAW AND ARBITRATION
26.1. The terms of this Agreement shall be exclusively governed by and construed in accordance with the laws of The Republic of India, excluding its rules on conflicts of law. The parties agree that the courts of Raipur Chhattisgarh India shall have exclusive jurisdiction over any dispute arising from or relating to this Agreement. You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.
26.2. All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of NINTY (90) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by You and the AITC.
26.3. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be Raipur Chhattisgarh, India. The award of the arbitral tribunal shall be final and binding.
26.4. User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961, Motor Vehicles Act, Motor Vehicle Bill, Central Motor Vehicle Rules, Carriage by Road Acts and Rules, and the rules made there under, Legal Metrology Act, 2009 and the rules made thereunder, and other related policies of Government of India) and obtain the necessary licenses and permits applicable to them for using online payment facility, User App and WEBSITE.
26.5. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of AITC for the purpose of this Agreement shall be Mr. Saurabh Agrawal with email address email@example.com. AITC may change the aforesaid details from time to time.
27. TERM AND TERMINATION
27.1. This Agreement shall commence on the date that the Agreement is executed by User (electronically or otherwise) and shall continue until terminated as set forth herein.
27.2. This Agreement may be terminated:
27.3. By AITC, with immediate effect, if You are in breach of any of terms of this agreement and/or any of the AITC Policies, provided that, instead of terminating this Agreement, AITC may, at its discretion, delist or disable Your listings from the WEBSITE and/or temporarily or permanently disable Your access to User App and/or user id;
27.4. By AITC, without any reason and without any prior notice;
27.5. By User, with 30 (Thirty) business days prior written notice to AITC (to its Grievance Officer), unless specifically stated to the contrary in this Agreement; or
27.6. By AITC, with immediate effect, if a petition for relief under any bankruptcy or insolvency is filed by or against You, or You make an assignment for the benefit of the creditors, or a receiver or an administrative receiver or administrator is appointed for all or a substantial part of Your assets.
27.7. AITC also has the right to suspend Your access to the User App (instead of terminating the Agreement) and/or WEBSITE for any period of time (during which time period You shall not be permitted to book any Shipments and orders) on the occurrence of any of the termination triggers as specified above.
27.8. In addition, AITC may terminate this Agreement or deactivate User or a particular User immediately, without notice, with respect to User in the event User, as applicable, no longer qualifies, under applicable law or the standards and policies of AITC, to provide Transportation Services or to operate the Vehicle, or as otherwise set forth in this Agreement.
27.9. Effect of Termination. Upon termination of the Agreement, User and all Users, as applicable, shall: immediately delete and fully remove the User App from any applicable Userâ€?Provided Devices. Outstanding payment obligations and Sections 1,2,3,4,5,6,8,12,14,15,16,17,18,19,20,21,22,23,24,26,28,29 and 30 shall survive the termination of this Agreement.
28.1. User acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of AITC ("Confidential Information"). Confidential Information includes AITC Data, User IDs, User Information, business model, pricing, strategy, software’s, other User details and the transaction volume, business model, marketing and business plans, business, financial, technical, operational and such other non-public information of AITC (whether disclose in writing or verbally) that AITC designates as being proprietary or confidential or of which the User should reasonably know that it should be treated as Confidential Information.
28.2. Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of AITC; (b) User shall not use Confidential Information of AITC for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of AITC to any third party, and (d) it shall return or destroy all Confidential Information of AITC upon the termination of this Agreement or at the request of AITC (subject to applicable law and, with respect to AITC, its internal recordâ€?keeping requirements).
28.3. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) was possessed by the receiving Party prior to the date of this Agreement without an obligation of confidentiality; (b) is disclosed to the receiving Party by a third party having no obligation of confidentiality with respect thereto; or (c) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
28.4. Such obligation of confidentiality shall continue for a period of 1 (one) year after the termination or expiry of this Agreement.
THE WEBSITE, USER APP AND THE SERVICES INCLUDING THIRD PARTY SERVICES, ALL CONTENT, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION AVAILABLE OR PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED ON ‘AS-IS’ BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AITC MAKES NO WARRANTY THAT (I) THE WEBSITE, USER APP, TSP OR ANY THIRD PARTY SERVICES IN RELATION TO THE SAME WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE, USER APP, TRNASPORTATION SERVICES OR ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, USER APP OR ANY THIRD PARTY SERVICES IN RELATION TO THE SAME WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, USER APP, TRNASPORTATION SERVICES OR ANY THIRD PARTY SERVICES IN RELATION TO THE SAME WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, USER APP OR ANY THIRD PARTY SERVICES IN RELATION TO THE SAME WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AITC, THE THIRD PARTY SERVICE PROVIDERS OR TSP OR THROUGH THE WEBSITE / USER APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
30. GENERAL RELEASE
BECAUSE AITC IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS AND TSP OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE AITC (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES AND AUTHORISED THIRD PARTY AFFILATES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
By clicking “I accept” or signing below (as such may be required by applicable law), User expressly acknowledges that User has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that User agrees to be bound by the terms and conditions of this Agreement, and that User is legally competent to enter into this Agreement with AITC.
SCHEDULE – A
BANNED LIST OF PRODUCTS THAT CANNOT BE SHIPPED USING THE TRANSPORTATION SERVICES PROVIDED BY THE TRANSPRORT SERVICE PROVIDERS (TSP) BY YOU/ SHIPPER, REFERRED TO IN THIS AGREEMENT IS AS MENTIONED HEREIN BELOW:-
1. Adult Products and Pornographic/ Obscene Materials (including child pornography) in any form (Print, audio/video, images, photographs, etc.)
2. Illegal Alcohol and other illegal drugs
3. Animals parts, Reptile skins, animal nails, body parts, banned wildlife, birds and animal products
4. Any article/material/service which cannot be exhibited, advertised, made available, offered for sale at e-commerce platforms/ technology due to restrictions/conditions for sale of those articles / material/ service unless all those conditions are met pursuant to the Applicable Laws
5. Any article/material/service which are prohibited by any law at any given time.
6. Any item/material which may assist in performance of any illegal or unlawful activity
7. Counterfeit Goods and goods/materials infringing any intellectual property rights
8. Currency, Negotiable Instruments, etc.
9. Endangered species of animals and plants, whether alive or dead
10. Fire Arms, guns, explosives, machinery and tools used by armed forces, parts thereof and ammunitions, weapons, knives, sharp edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
11. Financial certificates, Shares and Bank Notes
12. Grey market product(s)
13. Hazardous materials including but not limited to acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, flammable liquids, industrial solvents, banned and illegal insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc.
14. Human remains or skeleton
15. Invoices (including blank, pre-filled, or value added invoices or receipts)
16. Liquefied Petroleum Gas cylinder and other explosives and devices used for explosions mines
17. Maps and literature where Indian external boundaries or external boundaries of any other nation have been shown incorrectly
18. Narcotic Drugs and Psychotropic Substances
19. Government related items/ equipment’s (like wireless with frequency used by Police, uniforms of Government officials including but not limited to Police/ Army, etc.)
20. Racially/ethnically/religiously offensive materials
21. Radioactive Materials, Nuclear Waste, Nuclear Materials, Fossil Fuels and other related products
22. Sex Determination Kit
23. Stocks and Securities
24. Stolen Properties
25. Unauthorized Copies of Intellectual Property
26. Passports, other government issued personal documents
27. Any other items deemed unfit for carriage by AITC
28. Animal and Human Body parts which includes organs or other body parts.
29. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
30. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection
31. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials
32. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
33. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
34. Drugs and drug paraphernalia which includes illegal drugs and drug accessories
35. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
36. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction
37. Gaming items which includes lottery tickets, sports bets, memberships pass and related products
38. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles
39. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, website, or other protected property
40. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
41. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
42. Offensive goods which includes literature, products or other materials that: Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors, that Encourage or incite violent acts, that Promote intolerance or hatred
43. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
44. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances
45. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment related to spy; goods regulated by government or other agency specifications
46. Securities which includes stocks, bonds, or related financial products
47. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
48. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
49. Weapons which includes firearms, ammunition, knives (excluding kitchen and domestic knifes) brass knuckles, gun parts, and other armaments
50. Wholesale currency which includes discounted currencies or currency exchanges
51. Live animals or hides/skins/teeth, nails and other parts etc. of animals
52. Drop-shipped merchandise
53. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
54. Any other Products that have the potential of casting AITC and/or Payment System Providers and/or Card associations in a poor light.
55. Private, government, armed forces and competitive examination papers, examination guess papers and examination answer sheets and other related products.
56. Indian Postal Articles and all items that infringe the Indian Postal Act of 1898
TRANSPORT SERVICE PROVIDERS (TSP) LOSS, DAMAGE AND CLAIM POLICY
1. Any claim relating to TSP must be brought by the SHIPPER and delivered in writing or email with full details of the booking and SHIPPER, to the TSP within 12 hours of the date and time of such acceptance. No claim can be made against TSP beyond this time limit.
2. No claim will be entertained until all transportation charges, Fare have been paid by the User to the TSP. The amount of any such claim will not be deducted from any transportation charges or Fare owed to TSP.
3. The claim will be paid to the SHIPPER only, the details entered at the time of ordering. Please ensure the exact name and details of the Shipper is entered at the time of booking as TSP will charge INR 2,000 if a cheque needs to be re-issued.
4. A lost claim can only be processed by the TSP after a formal complaint and FIR is filled by the TSP and Shipper jointly with the local police stating the status of the item is lost and the local police confirms and deems the goods as lost after extensive search.
5. A receipt or acknowledgement must always be obtained on collection of Your consignment from the TSP. No claim can be made if a collection receipt has not been obtained by the Shipper, as there is no proof that the TSP has collected the parcel. In such a case a refund will not be given as there is no proof of service taking place.
6. Shipper Shipment must be packed to a professional standard, packed within a double walled box with the contents cushioned and protected inside. The packaging should be able to protect the contents/ Shipments form rain, fire, water, external weather, fall and drop. The packaging must also be sufficient to protect the products weight. Any claim resulting from a parcel that is not packaged to a professional standard and in line with the above will be declined.
7. No claim can be made for a Prohibited / Restricted item / Un-lawful item or product or Shipment.
8. No claim can be made for a hazardous / dangerous items and for items and products included in list of Banned Products by AITC.
9. No claim can be made for medicines and perishable items/ products.
10. Please note that any item transported through the Transportation Services provided by the TSP must be able to withstand a short drop, fragile items should not be sent though our services. Any item that is damaged as a result of a fall, with the packaging intact will therefore be declined.
11. If the outside packaging is intact, then any claim for damage to the consignment will be invalidated as the internal packaging would not have been sufficient to protect the product.
12. Parcels, items should not be strapped or attached together. This is not a secure way for parcels to travel in the courier network. No claim can be made for any additional item that was strapped to the original in the event that they become separated in transit.
13. The damaged item together with all packaging must be kept until the claim is concluded as more photographs or inspection of the item will be necessary by the TSP. If the damage item and or packaging are not kept the claim will be invalid.
14. In particular, TSP will not be liable for any loss or damage to the Shipment or a delay in picking up or delivering Shipment if it is: Due to acts of God, hacking, force majeure occurrence of any cause reasonably beyond the control of TSP, or loss and damage caused through strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions etc. beyond the control of TSP for the goods that are carried by TSP. Caused by:
a. The act, fault or omission/commission of any act of the SHIPPER/ the consignee or any other party claiming an interest in the Shipment (including violation of any terms or conditions thereof) or any other person.
b. TSP not adhering to schedule for any reason whatsoever.
c. Government officials in discharge of their official duties such as Customs/Taxation/Octroi Inspection etc.
d. The nature of the Shipment or any defects, characteristics, inherent vice, thereof.
e. Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any form.
f. Consequences of war or any social instability
g. Insufficient packaging / Incorrect labelling
h. Prohibited / Restricted Items - listed in our Help and information section
15. Notwithstanding what is stated above, whilst TSP will endeavour to exercise its best efforts to provide Transportation Services in accordance with its regular delivery, TSP WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
16. No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the Shipment.
17. The SHIPPER indemnifies TSP against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government officials in discharge of their official duties including but not limited to customs/taxation/octroi Inspection etc.
TSP SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT TSP HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
11.4. Without prejudice to previous sections, the liability of TSP for any loss or damage to the Shipment (which terms shall include all documents or parcels consigned through TSP), shall be the lowest of:
(a) Rs. 1,000/- (One Thousand Rupees Only) or
(b) The amount of loss or damage to the document, parcel, any type of goods or material actually sustained for Shipments which are not insured as mentioned below and the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the SHIPPER.
(i) The actual value of the document, parcel, and any type of goods or material shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of Shipment, but under no circumstance shall exceed Rs. 1,000/- (One Thousand Rupees Only).
(ii) The actual value of the document, parcel, any type of goods or material (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost by repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the SHIPPER subject to and within the overall limit of Rs. 1,000/- (One Thousand Rupees Only).
11.5. TSP will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of use, loss of an opportunity to the SHIPPER. Even if such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
11.6. TSP will not liable if we do not fulfil any obligations towards You at all as a result of circumstances beyond our control such as (but not limited to):
a. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, natural or man-made disasters
b. force majeure including (but not limited to) war, accidents, acts of public enemies,
c. strikes, embargoes, perils of the air, local disputes or civil commotions;
d. national or local disruptions in air or ground transportation networks and
e. mechanical problems to modes of transport or machinery;
f. latent defects or inherent vice in the contents of the Shipment;
g. criminal acts of third parties such as theft, loot or arson etc.
11.7. Shippers acts or omissions or those of third parties such as:
a. You being in breach of (or any other party claiming an interest in the Shipment causing You to breach) Shipper obligations under this policy and in particular those warranties set out in this policy.
b. An act or omission of any tax, customs, security, transport or government official.
c. The contents of the Shipment consisting of any article that is a prohibited item even though we may have accepted the Shipment by mistake.
d. Our refusal to make any illegal payments on Shipper behalf.