Terms and Conditions
Ownership and Operation
The website located at https://www.shipcorrect.com/ ("Website") is owned and operated by LineTech Web Solutions LLP (hereinafter referred to as "the Company," "we," "us," or "our"). The Company's registered office is located at 216, Neo Corporate Plaza, Ram Chandra Lane Ext, Malad West, Mumbai, Maharashtra, 400064.
Applicability
These Terms and Conditions govern all users ("User," "You," or "Your") of the Company's Website, including merchants, clients, service recipients, both registered and unregistered users, and their employees and authorized agents (collectively, "Merchants"), as well as unregistered guest users and end customers or recipients of goods.
Nature of Terms and Conditions
These Terms and Conditions are formulated as an electronic record under the Information Technology Act, 2000, and the rules thereunder as applicable along with amendments and provisions pertaining to electronic records established by the Information Technology Act, 2000. No physical or digital signatures are required for these Terms to be valid and enforceable.
Acceptance
By accessing and using the services and tools provided on the Website, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions. Engaging in transactions on the Website subjects You to specific policies applicable to such transactions. Your use of the Website constitutes a binding agreement with the Company under these Terms and Conditions.
Services and Supplementary Agreements
The Company offers various services ("Services") to Users through the Website. The provision and use of these Services for Merchants may also be governed by separate agreements, such as service agreements or merchant agreements, as executed between the Merchant and the Company.
Changes to Terms
The Company reserves the right to modify these Terms and Conditions at its discretion at any time without obligation to notify You. It is Your responsibility to review these Terms periodically. Your continued use of the Website after modifications indicates acceptance of the revised Terms. Upon acceptance, these revised Terms become binding on all Users.
Intellectual Property Rights
All intellectual property rights in and to the Website, including but not limited to copyright, trademarks, and content, are owned by or licensed to the Company. Unauthorized use, copying, or storage of any content from the Website without express permission from the Company is strictly prohibited.
License to Use
Subject to Your compliance with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited right to access and use the Website.
Acceptance of Terms
By accessing, browsing, or otherwise using the Website, You indicate Your agreement to be legally bound by these Terms and Conditions as stated.
1. Account Terms
- Registration Requirements: You must provide your full legal name, current address, a valid email address, and any other information necessary to complete the registration process. Should any provided information be inaccurate, your account may be suspended, limiting your access to ShipCorrect's services.
- Account Security: You are responsible for maintaining the confidentiality of your password and account. ShipCorrect is not liable for any loss or damage arising from your failure to protect your account credentials.
- Lawful Use: You must not use ShipCorrect's services for any illegal or unauthorized purposes. Furthermore, you must comply with all applicable local, state, national, and international laws, and regulations.
- Content Responsibility: You are solely responsible for all activities and content uploaded under your ShipCorrect account including data, graphics, photos, and links.
- Product Quality: You are fully responsible for the quality of products shipped using ShipCorrect. ShipCorrect is not liable for refunding or exchanging products on your behalf.
- Account Breach: Any violation of these Account Terms may result in the immediate termination of your services at ShipCorrect's sole discretion.
- Age Requirement: Users must be at least 18 years old to use ShipCorrect's services.
- Prohibited Actions: Users must not transmit any worms, viruses, or any destructive code.
2. General Conditions
- Agreement: You must read, agree with, and accept all of the terms and conditions contained in these Terms and Conditions, along with the Privacy Policy and User Agreement before using ShipCorrect's services.
- Service Modification: We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
- Service Refusal: We reserve the right to refuse service to anyone for any reason at any time.
- Service Risk: You use the Service at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranties, express, implied, or statutory.
- Service Performance: ShipCorrect does not guarantee that the service will be uninterrupted, timely, secure, or error-free, nor does it ensure that the results obtained from the use of the service will be accurate or reliable.
- Data Transmission: Your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks.
- Content Management: We may, at our discretion, remove content and accounts that we determine to be unlawful, offensive, threatening, libelous, or otherwise objectionable or that violate any intellectual property rights or these Terms.
- Product Expectations: ShipCorrect does not warrant that the quality of any products, services, information, or other materials purchased or obtained through the service will meet your expectations.
- Limitation of Liability: ShipCorrect will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use the service.
- Indemnification: You agree to indemnify and hold harmless ShipCorrect and its affiliates from any claims resulting from your use of the service.
- Non-exploitation: You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from ShipCorrect.
- Intellectual Property: ShipCorrect does not claim any intellectual property rights over the materials you provide to the service.
- Content Usage: By uploading content to ShipCorrect, you permit others to view such content. ShipCorrect can store, display, and review the content at any time.
- Service Terms Enforcement: The failure of ShipCorrect to enforce any right or provisions in these Terms does not constitute a waiver of such right or provision.
- Compliance Responsibility: The User must ensure that the services are not used for illegal purposes or in violation of any law.
- Operational Discretion: ShipCorrect has full discretion over the methods, routes, and procedures used in the handling and transportation of goods, unless otherwise agreed.
- Legal Use: ShipCorrect is not responsible for any use of its services for illegal purposes or in violation of any laws.
3. Terms of Payment
- Payment Terms: Users must adhere to the payment terms agreed upon with the Company. Invoices must be paid within the agreed credit period. Details regarding agreed rates will be accessible on the User's Account on the ShipCorrect website for reference and payment.
- Payment Methods: The Company is not liable for any loss or damage that may occur from the use of various payment methods available on the website. Users assume all risks associated with these transactions.
4. Obligations of the User
- Prohibited Items: Users must not book, hand over, or allow the handover of any consignments that are banned, restricted, illegal, stolen, infringe on third-party rights, hazardous, dangerous, or in any way explosive or flammable. This includes all items explicitly prohibited by law.
- Accuracy of Information: Users warrant that all information provided to ShipCorrect is always true, accurate, complete, and up-to-date to the best of their knowledge.
- Manifest Completion: Users must ensure that a manifest is accurately filled out to initiate delivery services. All information on the manifest must be correct and complete.
- Label Affixation: Users must securely affix the label provided by ShipCorrect, displaying the AWB number and all pertinent details (including COD/prepaid status) in a visible manner on the parcel. The label must be neat, legible, and fully visible. ShipCorrect is not responsible for any issues arising from improper label affixation.
- Content Discrepancy: The User is solely responsible for any discrepancies in the content of the shipment and the shipment details provided.
- Packaging Standards: Users must ensure that the packaging of the consignment is secure, appropriate, and sufficient to withstand normal transport and environmental risks, in compliance with applicable laws. ShipCorrect will not be liable for loss or damage if the User fails to comply with this requirement.
- User-Provided Packaging: ShipCorrect is not responsible for the packaging, quality, quantity, or the accuracy of items' counts if the consignment is packaged by the User or their representative.
- Compliance with GST E-way Bill: Users must comply with the GST E-way bill requirements as set forth on the GSTN portal, based on the value and applicability to the consignment. Failure to generate an e-way bill correctly may lead to delays or non-delivery of shipments. The User is responsible for any non-compliance and its consequences.
5. Undeliverable Shipments/Consignments
- Definition of Undeliverable: A shipment is deemed undeliverable if:
- The recipient's address is incomplete, illegible, incorrect, or unlocatable.
- The recipient fails or refuses to accept delivery, sign for the consignment, or pay for delivery.
- The consignment could damage other shipments, goods, or cause injury to persons.
- The consignment contains prohibited items.
- The contents or packaging of the consignment are damaged to the extent that re-wrapping is not feasible.
- The consignment is detained or unable to clear local or state boundaries.
- A recipient of a cash on delivery (COD) consignment fails or refuses to pay the COD amount upon delivery.
- Handling of Undeliverable Consignments: If a consignment remains undeliverable or unclaimed, ShipCorrect will send a notice by registered mail to the recipient or the User, demanding removal of the goods from the courier company within thirty (30) days from the notice receipt date. Failure to comply will authorize ShipCorrect to sell the shipment without further notice and without incurring liability to the User, recipient, or any third party. ShipCorrect assumes no responsibility for the consignment under any conditions, and the User is liable for all delivery charges for such products.
6. Insurance
- User's Responsibility: The User may opt to insure consignments from the point of origin to the point of destination at their own expense. ShipCorrect is not responsible for insuring any consignment.
- Insurance Arrangement by Request: Upon the User's request, ShipCorrect may facilitate the arrangement of insurance for the consignment for the declared value in case of loss or physical damage. ShipCorrect's responsibility is limited to administrative assistance in obtaining the insurance policy. The policy will be governed by its respective terms and conditions.
- Insurance Procurement: Unless specifically agreed upon, ShipCorrect is under no obligation to procure insurance for any goods. If ShipCorrect opts to procure insurance, it retains the right to choose the insurance provider. The User shall only have recourse against the insurer and not against ShipCorrect. The User is responsible for all insurance premiums and any charges incurred by ShipCorrect to arrange such insurance.
- Lost Liability: ShipCorrect's maximum liability, and the User's sole and exclusive remedy, for any damage, loss, theft, or misappropriation of a consignment resulting from ShipCorrect's gross negligence or willful misconduct shall be limited to INR 2,000 (Two thousand) per consignment, or the consignment value stated in the manifest, whichever is lower.
7. Risk and Title
- Transport Basis: All consignments are carried on a "Said to contain" basis.
- Ownership and Role: The User retains ownership of the goods transported by ShipCorrect. ShipCorrect acts solely as a Facilitator and is not an agent of the User.
8. Banned and Restricted Products and Services
Users are prohibited from offering, attempting to offer, trading, or attempting to trade any items or services that are banned or restricted under any applicable laws, regulations, or guidelines.
Non-Permitted Items are as follows:
- Securities: Securities as defined by the Securities Contract Regulation Act, 1956, such as shares, bonds, debentures, and other financial instruments, are not permitted for trading via the Website provided by the Company.
- Biological and Ecological Items: Living or dead creatures, any parts of preserved animals, or products derived from animals that are restricted or banned by law, including those prohibited under The Wildlife Protection Act, 1972.
- Controlled Substances: Liquor, tobacco products, drugs, narcotics, psychotropic substances, intoxicants of any kind, and medicines.
- Religious Items: Items that could affect the religious sentiments of individuals, including religious books and artifacts.
- Antiquities and Art: Items classified as "Antiquities" and "Art Treasures" in violation of the Antiquities and Art Treasures Act, 1972.
- Telecommunications: Used cellular phone SIM Cards.
- Compliance Obligations: You agree to display and adhere to a terms of use or user agreement and a privacy policy governing your operations and interactions with your customers.
9. Breach and Remedies
- Company Actions on Breach: The Company may take actions including, but not limited to, limiting your activity, removing your information, issuing warnings to other Users, suspending, or terminating your registration, and denying access to the Website if:
- You breach these Terms and Conditions, Privacy Policy, or other company policies.
- The Company cannot verify or authenticate information you provide.
- Your actions are believed to potentially cause legal liability for other Users or the Company.
- Reinstatement: The Company retains discretion to reinstate suspended Users. Suspended or blocked Users cannot attempt to re-register or use the Website unless reinstated by the Company.
- Legal Actions and Liability: In the event of a breach, the Company reserves the right to recover any amounts due and may pursue legal action, including reporting to law enforcement authorities for initiating proceedings against you.
10. Indemnity
You agree to indemnify and hold harmless the Company, its licensees, affiliates, service partners, service providers, and their respective officers, directors, agents, and employees from any claims, demands, actions, costs, liabilities, losses, and damages of any kind (including reasonable attorneys' fees) resulting from your breach of these Terms and Conditions, other policies of the Company, or your violation of any law, rules, or regulations, or the rights of a third party.
11. Limitation of Liability
The Company will not be liable for any damages you suffer because of using this Website, whether under contract law, tort law, equity, or otherwise. This includes, but is not limited to, indirect, incidental, special, exemplary, or consequential damages arising from your use of, or inability to use, this Website, including damages from unauthorized access, data loss, or other security breaches, despite the Company's efforts to ensure the integrity and security of its systems.
12. Force Majeure
The Company will not be held liable for delays or failures in performance resulting from acts beyond its reasonable control. This includes, but is not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
13. Waiver
Unless the Company acknowledges and agrees in writing, its omission to enforce any right or provision in these Terms of Service does not constitute a waiver of that right or provision.
14. Assignment
The Company may transfer, sub-contract, or otherwise manage its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. However, you may not transfer, sub-contract, or deal with your rights and/or obligations under these Terms without the Company's explicit consent.
15. Severability
If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected. If any invalid, unenforceable, or illegal provision of these Terms and Conditions would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.
These terms are designed to ensure a secure and lawful use of the Company's services, protecting both the Company and its users.