Terms & conditions

User Agreement

Your use of the TakeMyShipment(TMS)website {including www.takemyshipment.com (hereinafter referred to as "the Website") and its related sites, services and tools} is governed by the following terms and conditions as applicable to the Website. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1st November 2010 ("User Agreement"). If you reside in India, you are contracting with EasyBiz India Pvt. Ltd. a company incorporated under Companies Act, 1956 with registered office at Navi Mumbai , Maharashtra (India). These terms and conditions constitute your binding obligations towards this contracting entity (hereinafter referred to as “TMS”).

For the purpose of the User Agreement, Registered User / and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website or has provided the Registration Data to a representative of TMSand accepted this electronic version / electronic record or a physical copy of the User Agreement and has allocated himself or has been allocated a unique identification user name (“User ID” and “Password”).

As a new Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or your signing of the physical copy of the User Agreement.
If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and TMS Rules and Policies, please do not click on the "check box " and on the ”continue” button and do not seek to obtain access to or otherwise use the Website.

Amendments:TMS may amend this User Agreement and/or TMS Rules and Policies at any time by posting a revised version on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in TMS Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

By accepting this User Agreement, the User has also accepted and agreed to be bound by TMS Rules and Policies as provided from time to time on the website.

1. Membership Eligibility

Use of the Website is available only to persons or business entities who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

2. Your Account and Registration Obligations

If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to: a). Provide true, accurate, current and complete information about yourself as prompted by TMS’ registration form (such information being the "Registration Data") ; andb). Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or TMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, TMS has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.

3. Fees and Services.

Membership on the Website is free. TMScurrently does not charge any fee for transacting (browsing, bidding and buying transportation services) on the Website. TMS reserves the right to change its Fee and Credit policies from time to time. In particular, TMS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event TMS reserves 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 Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and will be deducted from your deposit amount held with EasyBiz India Private Limited or will be payable via a payment gateway available on the website.

4 Taxes:

You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

5 Non payment of Fees:

TMS reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case you have exhausted your deposit with us.TMS also reserves the right to take legal action in case of non-payment of fees by you to TMS.

6. Use of the Website

You understand and agree that TMS and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. The site provides a platform for Buyers and Transporters to carry out an auction for the transportation of the goods as listed in the buyer’s indent.

7. No Warranty

TMS and its suppliers, affiliates and service provider provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory. You expressly agree that your use of the Website is at your risk.

The Website is only a venue where Users may meet and interact with one another for their transactions. TMS is not and cannot be a party to or control in any manner any transaction between two Users of the Website. TMS does not have any control on the contractual terms agreed between the buyer and transporter for any shipment transaction. TMS is not liable for the non-performance of any of the Registered Users.

TMS is not responsible for any non-performance or breach of any contract entered into between the buyer and transporter. TMS cannot and does not guarantee that either party will perform any transaction concluded on the Website. TMS shall not and is not required to mediate or resolve any dispute or disagreement between Users.

TMS does not make any representation or Warranty on the performance of the buyer / transporter with regards to the agreed transaction.

The Buyer and Transporter shall independently verify the credentials of the other party and agree upon the manner and terms and conditions of the delivery of the consignment and the payment terms.

You release and indemnify TMS and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of 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, TMS cannot control the information provided by other Users which is made available on the Website.

8. Breach

Without limiting other remedies, TMS may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event of breach of the User Agreement or misuse of the website,

9. Bidding and Buying

All bids on the Website that are confirmed by the Buyer and Transporter are a firm commitment to transact.

TMS strongly advises you not to test the site with false bids/indents, as it will put you at substantial personal legal risk. It is an offence to use a false name or other false personal information. Willfully entering erroneous or fictitious bids may result in prosecution by TMS.

Please be aware that even if you do not give TMS your real name, your Web browser or cellphone transmits a unique address to us, which can be used by law enforcement officials to identify you.

10. Priority in Bidding and Bid Selection

The lower price bid will always supersede the higher price bid in the bid ranking. You will not be allowed to make a bid that is priced higher than the lowest price bid.

The selection of the winning bid is at the sole discretion of the buyer. The buyer may select a higher price bid and is under no obligation to justify the selection of this bid to the transporer.

TMSreserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited. TMS’ decision in this regard shall be final and binding.

11. Buyer

As a registered member, you may list Indents for transportation of goods on the Website. You may not request for transportation of hazardous and dangerous goods that cannot be shipped through mail or commercial carrier or transport. Indents can be listed for hazardous material that can be lawfully transported by clearly indicating on the Indent the full description of the hazardous nature of the shipment.

If you accept a bid from a transporter and the transporter agrees to the same, you are legally obligated to complete the transaction contract with the Winning transporter as per the indent specifications.

12. Transporter

If you are the lowest bidder for a transport request and your bid has been accepted by the Buyer and you have in turn accepted the buyers request (“Winning Transporter”), you are obligated to complete the transaction with the Buyer.

By accepting a selected bid you agree to be bound by the conditions of transportation included in the Indent so long as those conditions of sale are not in violation of the User Agreement or unlawful.

13. Auction Close

An auction will be considered as successfully closed if the auction close time as specified in the Indent expires or if the Buyer accepts a bid from a Transporter and the Transporter agree to the same, beyond which bids shall not be accepted.

14. Feedback

We encourage Buyers on the Website to provide feedback on the transporter after the transaction has closed, This information will be used by the Website to generate ratings for the transporter. This helps all Buyers to know the performance of the Transporter. Please remember that you cannot retract the feedback once you have left it.

You may not take any actions that may undermine the integrity of the feedback system. If a Transporter continues to receive negative feedback ratings, TMS reserves the right to carry its own investigations and if necessary suspend their membership.

The Transporter rating will be a composite rating. It will consist of two components, namely, static rating and dynamic rating. The static rating will be determined by the static data provided by the transporter at the time of registration. The dynamic rating will be determined by the feedback provided by the Buyers for the transporter. The final Transporter rating will be a composite rating developed by TMS using the static and dynamic ratings. This rating will be built using TMS’ proprietary rating algorithm. This rating will not be used for any other marketing purposes by the Transporter.

15. Limitation of Liability

In no event shall TMS or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). TMS’ liability in any circumstance is limited to the amount of fees, if any, paid by you to TMS.

TMS, its associates, affiliates and service providers and technology partners make no representations or Warranties about the indent details, quotes, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, TMS assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

16. Indemnity

You shall indemnify and hold harmless TMS and (as applicable) TMS’ parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, TMS Rules and Policies, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

17. General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and TMS and you shall have no authority to bind TMS in any manner whatsoever.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and TMS with respect to the subject matter hereof. In TMS’ sole discretion, TMS may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that TMS assigns the Agreement on the same terms or terms that are no less advantageous to You.

18. Arbitration

If any dispute arises between you and TMS during your use of the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by TMS. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The cost of arbitration will be equally divided between the two parties.

19. Governing Law

The User Agreement, Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 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.

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