Definitions

www.vamancargo.com (referred to as Website or Platform or Application), is owned, registered and operated by VAMAN CARGO (referred as Firm), a Partnership Firm Under Indian Partnership Act, 1932 Section 58 & Rules 4(2) of I.P. Act 1932 and having its registered office at 15A/1,B-8,Prestige Chamber,W.E.A.,Saraswati Marg,Karol Bagh,New Delhi-110005.

These terms & conditions (referred as “Terms of Use“) govern your use of the Platform and Services (as defined below) aggregated through the Platform. By using or visiting our Platform, or using any Service(s) through the Platform, You shall be deemed to have read, understood and accepted to be bound by these Terms & Conditions.

For the purpose of these Terms & Conditions, wherever the context so requires “You“, “Your“, “Visitor” or “User” shall mean any person who uses the Platform for availing the Services.

The term “We“, “Us“, “Our” shall mean the Company, its employees, and authorized person that perform or involves in any or all services on the Company’s behalf.

We reserve the right to make changes/amendments to these Terms & Conditions time to time for improvement and betterment of platform or website and its Users.

All such changes will be effective immediately after publishing on the Platform or website and your continued use of the Platform, and/or the Services constitutes your consent to such amendments and modifications.

As user/visitor you agree to regularly review the Terms & Conditions on the platform and have consent to accept the same.

Services

We are aggregators of courier & logistic services for Domestic & International services our platform enables the User(s) to ship orders to multiple locations, without having to deal with multiple courier companies/Courier Partners/Service Providers/Transit Partners.

For the purpose of these Terms of Use

“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

“Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India.

“Customer Agreement” shall mean the agreement entered into/ that shall be entered into by and between you and the Company, which shall clearly state the inter-se rights and obligations between you and the Company.

In order to avail any or all Service(s) through the Platform, the User(s) shall be required to register on the Platform and sign and agree to the terms and conditions as mentioned in the Customer Agreement.

You agree, among other obligations, to furnish genuine, precise, up-to-date, and comprehensive information about yourself, as required by the Platform registration form and outlined in the Customer Agreement.

In the event that you provide any information that is found to be untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect such inaccuracies or misuse of the Platform, we reserve the right to take appropriate action, including but not limited to indefinite suspension, termination, or blocking of access to the Platform and the services offered therein.

Platform as a Service

We are just the aggregators providing platform connecting Courier Partners and the Users. These Terms of Use should not be construed in any way to mean that we provide such Services herein.

We do not make any representation or warranty as to the timeliness and/or the quality of the Services to be provided by the Service Provider to the User. We do not accept liability for any errors or omissions committed by the Service Provider or their authorized personnel.

The Service Providers are not employees or agents of the Company and the Company shall not be held liable for their actions or inactions.

General Terms & Conditions

Unless otherwise specified herein, these Terms of Use for Services aggregated through the Platform and the Privacy Policy (provided on the Platform) constitutes the entire agreement between you and the Platform, in respect of the Services and supersedes all previous written and oral agreements between You and the Platform, if any. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You understand and agree that VAMAN CARGO shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by VAMAN CARGO

Verbal or written abuse of any kind (including threats of abuse or retribution) of any VAMAN CARGO customer, VAMAN CARGO employee, member, or officer will result in immediate account termination and/or legal action.

We do not claim any intellectual property rights over the material you provide to the VAMAN CARGO service.

You agree not to purchase/buy domain names that use VAMAN CARGO or VAMAN CARGO trademarks and/or variations and misspellings thereof.

VAMAN CARGO Account

To complete the registration process, User(s) must provide full legal name, address, a valid email address, and any other information needed.

If any given information is found to be inaccurate, false, your account will be put on hold with or without notice and you will not be able to use VAMAN CARGO’s services.

You are responsible for keeping your password secure. VAMAN CARGO will not be liable for any loss or damage from your failure to maintain the security of your account and password.

You are not supposed to use VAMAN CARGO’s service for any illegal, immoral or unauthorized purpose, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of India.

You are responsible for all activity and content (data, graphics, photos, links, etc.) that is uploaded in/from your VAMAN CARGO account.

A breach or violation of any of the Terms and condition by any form, as determined in the sole discretion of VAMAN CARGO will result in an immediate termination of your services.

Account Usage

Before using VAMAN CARGO platform and placing orders, it is requested to clarify any and/or all your doubts/concerns with respect to usage of the VAMAN CARGO account. Any orders if placed in the wrong slab/weight category or mode of transport, VAMAN CARGO will not be liable to reimburse or compensate for extra charges or fees.

User has to declare correct dimensions and weights for each order or consignment placed on the VAMAN CARGO account to avoid any discrepancies. Any delay in pickup or discrepancies caused due to incorrect data of weights or dimensions shall be user’s responsibility. Zones are pre-defined as per the source city and pincode, charges will be applicable accordingly. You are requested to check the zoning matrix before placing any order to avoid any discrepancies.

Invoice clearance/Fee Payment

VAMAN CARGO platform provides several payment methods, and depending on the payment term agreed with VAMAN CARGO, the user has to pay courier and logistics invoices as raised by VAMAN CARGO within the stipulated credit period failure to which may result termination of services and cancellation of account.

All charges and fees are exclusive of all government (state and central) taxes, service, sales tax or other taxes, fees or charges now in force or enacted in the future (referred as Taxes).

Account Termination/Cancellation

You can cancel the VAMAN CARGO account anytime, by emailing info@vamancargo.com, after clearing all your dues for the shipment or orders made from your account.

We reserve the right to cancel or suspend, your VAMAN CARGO account, with or without notice, if:

• any fraudulent activities are noticed in/from your account (by conviction, settlement, insurance or escrow investigation, or otherwise)
• any information you have provided at time of registration is found to be false, fake or inappropriate VAMAN CARGO account is used for any illegal, immoral or unauthorized purpose or misuse
• any terms and conditions is violated or breached in any form or whatsoever.

Once your account is cancelled all of your content will be immediately deleted from the platform. Since data deletion cannot be reverted, so VAMAN CARGO holds no responsibility for losing or deletion of data from your account.

Refunds

Refunds, if any, will be made, after deduction of charges or fees, applicable after cancellation of account.

Changes/Modifications of Service and Charges

VAMAN CARGO reserves the right to change the prices of the services giving prior notice via an announcement, email to the registered email ID of the account or publishing in the website.

VAMAN CARGO reserves the right to modify or discontinue, the Service (or any part thereof) with or without notice.

VAMAN CARGO shall not be liable for any modification, price change, suspension or discontinuance of the Service from courier partners or service providers.

Banned restricted products and services

You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).

Weapons or ammunitions of any type(s) or parts thereof.

Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any type, medicines, palliative/curative substances.

Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.

Antiquities and Art Treasures in violation of the provisions of the Antiquities and Art Treasures Act, 1972.

Used cellular SIM Cards.

Representations, Warranties and Obligations of the Website

We hereby represent and warrant that: 

• We are a duly registered company as under the relevant provisions of the Companies Act, 2013;
• We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use;
• We will comply with the Privacy Policy and ensure data security of the Users at all times.

Representations, Warranties and Obligations of the User

You hereby represent and warrant that:

• You are a validly incorporated business entity or is legally competent to contract, as applicable;
• You shall comply with and fully adhere to these Terms of Use and the terms and conditions of the Customer Agreement;
• You shall provide accurate information and details, when prompted by the Platform registration form and in the Customer Agreement;
• You shall fulfill your payment obligations for availing the Services through the Platform.

 

Intellectual Property Rights

Copyright

All content included on the Platform, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. We reserve the right to terminate Your engagement with Us, if We, in Our sole and absolute discretion, believe that You are in violation of this Clause.

The content made available on or via the Platform, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Platform.

Trademarks

www.vamancargo.com is the domain of the Company. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.

User feedback/comments/ suggestions

While rating/ submitting/ posting comments/ suggestions/ opinions/ feedback etc. (“User Feedback”), the User agrees and acknowledges that:

 

• The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
• The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate;
• We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
• We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;
• By posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to You.

Privacy

We collect, store, process and use Your information in accordance with Our Privacy Policy. By using the Platform and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Platform in accordance with Our Privacy Policy.

Fraud and Improper Conduct

You may only access the Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:

• Interfere with the ability of others to access or use the Platform and the Services aggregated through the Platform;
• Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Platform or the Services;
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
• Upload or post or transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
• You shall not attempt to interfere with any other User’s use of the Platform or the Services aggregated through the Platform;
• You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information about yourself, and all information that You provide must be accurate and correct.

 

Limitation and Disclaimer of Warranty

The Platform, the Services and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of the Platform.

We do not warrant or make any representations that the Platform shall (i) meet Your requirements or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found on the Platform’s software. Further, access to the Platform shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.

We shall not be liable in the event any damage or loss occurs to your computer system, or any other electronic device, or any data as a result of visiting the Website.

We do not warrant or make any representations regarding the reliability, suitability or quality of the Service provided by the Service Provider.

We shall not be liable for any loss or damages suffered by the User due to performance or non performance of the Services by the Service Provider. Further,

We shall not be liable for any loss or damage suffered, on account of any fault, willful misconduct or negligence on the part of the Service Provider.

We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Services or due to the non- availability of the Platform or the Services.

If You are dissatisfied or harmed by the Platform or anything related with the Platform, Your sole remedy shall be to terminate these Terms of Use by leaving the Website.

We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Platform.

VAMAN CARGO or website is/will not be responsible for the quality of the products you ship through VAMAN CARGO platform and will be solely you responsibility. You are liable to provide any customer service regarding the product quality; VAMAN CARGO will not be liable or responsible to refund/exchange any product sold by you on your behalf.

We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are published on the Platform.

Indemnification

You undertake to indemnify Us, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Platform, and/or breach of these Terms of Use.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Pickrr partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

Governing Law

Privacy Policy and Terms & Conditions shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in New Delhi, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Privacy Policy and Terms & Conditions.