eShipz.com

Terms of Use Agreement

Planet Express Innovations Private Limited is a private limited company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at, No 7, Veenus Colony Alwarpet, Chennai, Tamil Nadu - 600018, (the “Company”) which has built a digital platform that helps B2B enterprises in booking commercial carriers for shipping of their products within India and abroad, through its website www.eShipz.com (“Website”). The Company only offers the digital platform and does not provide any other services in connection with the delivery/ shipping of the goods.

In these Terms of Use, references to "you", “your”, “user" shall mean the Customer who registers with the Website to avail the Services. References to “eShipz”, “we”, “us” and “our” shall mean the Company.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING ON "I ACCEPT" AT THE BOTTOM OF THIS TERMS OF USE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY ALL ITS TERMS AND CONDITIONS. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS OF USE AS REQUIRED BY LAW OR AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED TO YOU BY EMAIL AND ON THIS WEBSITE. YOUR CONTINUED USE AND ACCESS OF OUR SERVICES AFTER WE PUBLISH THE CHANGES TO THESE TERMS OF USE MEANS THAT YOU HAVE CONSENTED TO THE UPDATED TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, WE REQUEST YOU NOT TO ACCESS OR USE THE SERVICES. IF YOU WISH TO TERMINATE ACCESSING OR USING THE SERVICES AT ANY TIME, YOU CAN DO SO BY CLOSING YOUR ACCOUNT AND NO LONGER ACCESSING OR USING OUR SERVICES.

For the purpose of this Terms of Use, the following terms means:
  1. “Account(s)” means the account(s) created pursuant to subscribing to the SaaS Service, which enables the Customer to access the SaaS Service. Each ‘Account’ comprises of a unique user identification and password.
  2. “Customer” means enterprise customer who registers with the Website in order to avail the Services offered by the Company.
  3. “Customer Data” means any information, data, files, database, text, numbers, corporate information, financial information, any personally identifiable information of the individual clients of a Customer whose details are shared on the Platform or any other information or data, owned or controlled by you, and uploaded and/or stored on the Website.
  4. "Intellectual Property Rights" means all unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, trade secret and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, whether registered or unregistered.
  5. “Logistics Partner(s)” means the carrier(s) who have partnered with the Company for offering the shipping services on the Website.
  6. "Payment Gateway” means the third party payment gateway made available on the Website.
  7. “Platform” shall mean the digital platform developed by the Company and the software code comprised in it, used by the Customer to use the SaaS Services.
  8. “Subscription” means availing the SaaS Service on payment of the Subscription Fee (detailed below) by the Customer for the duration of the limited period which corresponds to the payment plan.
A. SERVICES
  1. Upon registration, the Website permits you to use the Platform to avail shipping services offered by the Logistics Partners on the Website
  2. The SaaS Service allows you to do the following activities:
    1. Integrated domestic & international carrier shipping API
    2. Simplified order sync from multiple market place & sales channels
    3. Auto update tracking features and alerts
    4. Automation engine for bulk order processing
    5. Smart shipping analytics for wiser business decision
B. SUBSCRIPTION FEE
    For the pricing, please go to https://www.eShipz.com.
B. RIGHT TO USE THE SERVICE
  1. Subject to you fulfilling your payment obligations and otherwise complying with this Terms of Use, the Company grants you a limited, non-exclusive, non-transferable right to use the SaaS Service that is valid only for the limited time for which the Subscription Fees has been paid. You can renew your plan by subscribing for the SaaS Service. All rights not expressly granted herein are reserved by the Company.
  2. You agree not (i) license, sublicense, sell, resell, reproduce, duplicate, copy, deconstruct, transfer, assign, distribute or otherwise commercially exploit any part of the SaaS Service; (ii) modify or make derivative works based upon the SaaS Service; (iii) create Internet "links" to the SaaS Service or "frame" or "mirror" any Customer Data on any other server or wireless or Internet-based device, unless expressly permitted in writing by the Company; or (iv) reverse engineer the underlying software in the SaaS Service or access the SaaS Service in order to (a) build a competitive product or SaaS Service, or (b) build a product using similar ideas, features, functions or graphics as the underlying software in the SaaS Service, or (c) copy, distribute, publish any ideas, features, functions or graphics of the SaaS Service; (v) use the SaaS Service for any purpose apart from the business purpose; (vi) modify, disrupt or interfere with the SaaS Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms, trojan horses or any other malicious code; and (vii) excessively overload the servers provided by the Company or systems used to provide the SaaS Service.
C. THIRD PARTY SERVERS AND SAAS SERVICES
  1. You hereby acknowledges that the Company is using third party servers to provide the Website hosting SaaS Services and accordingly agrees that its use of such SaaS Services will be subject to their terms of use, capacity limitations and SaaS Service levels of such third party servers and that the Company will provide no warranty or have any liability for such third party servers including (without limitation) in relation to (i) any capacity limitations; (ii) any failure or downtime in such third party servers, whether scheduled or unscheduled; or (iii) any related troubleshooting or maintenance levels and any resultant impact on the continuous availability of such SaaS Services.
  2. You further acknowledge that the Payment Gateway is owned, controlled and SaaS Serviced by independent third parties. Accordingly, you hereby agree that your use of the Payment Gateway will be subject to the terms of use, capacity limitations and SaaS Service levels of the third parties providing such gateways and that the Company will provide no warranty or have any liability for such third party SaaS Services including (without limitation) in relation to (i) any capacity limitations; (ii) the security or integrity of any Customer Data stored, processed or transferred on or through these gateways; (iii) any failure or downtime in such third party SaaS Services, whether scheduled or unscheduled; or (iv) any related troubleshooting or maintenance levels.
D. INTELLECTUAL PROPERTY RIGHTS
  1. All Intellectual Property Rights in (i) the technology, software applications and tools used in providing the SaaS Service through the Website, designed and developed by the Company, including its layout and architecture (ii) any of the other SaaS Services (collectively “Company Intellectual Property”) belong to and are the sole property of the Company. You hereby acknowledge and agree that all Intellectual Property Rights existing or arising in any Company Intellectual Property will at all times belong to and remain vested in the Company.
  2. The Company Intellectual Property is provided “AS IS” only for the use contemplated hereunder and may not be otherwise used, or copied, sold, modified, reproduced, distributed, transmitted, broadcast, displayed, performed, licensed, or otherwise exploited for any other purposes whatsoever without Company’s prior written consent.
E. CUSTOMER DATA
  1. You hereby warrant that: (i) you are the owner of the Customer Data, or has been granted all the rights necessary from the owner of such Customer Data to submit such Customer Data to the Company; (ii) the use of such Customer Data will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party or the provisions of applicable law; (iii) in the case of Customer Data that constitutes personal information of any individual, you have obtained requisite consent from such individual for use of such personal information and that you are otherwise in compliance with all data privacy and protection laws applicable to the collection, storage, processing or transfer of such personal information which forms a part of the Customer Data.
  2. You hereby grant the Company the right to use such Customer Data (where owned by you) or agree to procure such right (where not owned by you), only for the purpose of availing the SaaS Service provided by the Company. The Company does not obtain any right, title or interest in the Customer Data, except as specifically granted herein in order to provide the SaaS Services to you.
  3. You acknowledge that we do not pre-screen Customer Data. However, the Company and its designees, contractors or subsidiaries will have the right (but not the obligation) in their sole discretion to refuse or to remove any Customer Data that is available via the SaaS Services. You agree that you are responsible for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness and intellectual property ownership of the Customer Data.
  4. You understand, acknowledge and agree that the Company has no responsibility or liability for the unauthorised, wilful or negligent access or use of, deletion, corruption, or alteration of, or the failure to upload, store or retrieve any main Customer Data retained or transmitted by the SaaS Service.
  5. Upon deletion or return of Customer Data, as the case may be, the Company will cease to have any obligation under this Agreement or law, in relation to the Customer Data.
F. DISCLAIMERS
    YOU EXPRESSLY UNDERSTANDS AND AGREES THAT:
  1. YOUR USE OF THE SAAS SERVICE(S) IS AT YOUR SOLE RISK. THE SAAS SERVICE(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SAAS SERVICE(S) INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS, OR THE ACCURACY, RELIABILITY OR QUALITY OF THE SAAS SERVICE(S).
  2. THE COMPANY IS ONLY A PROVIDER OF THE DIGITAL PLATFORM FOR AVAILING THE SAAS SERVICES OF THE LOGISTICS COMPANIES AND IS THEREFORE NOT LIABLE FOR THE SAAS SERVICES PROVIDED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OF THE PRODUCT DURING THE TRANSIT, DAMAGE TO THE PRODUCT IN TRANSIT, DELAY IN THE DELIVERY OF THE PRODUCT, INADEQUATE PACKAGING AND THE QUALITY OF SAAS SERVICES OF THE LOGISTICS PARTNER OR THE LIKE. YOU SHALL ENSURE THAT YOU HAVE THE PROPER TERMS OF USE, PRIVACY POLICY AND OTHER DOCUMENTS ON YOUR WEBSITE ACCORDINGLY.
  3. THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (IF ANY) MAKE NO WARRANTY THAT (i) THE SAAS SERVICE(S) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SAAS SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SAAS SERVICE(S), INCLUDING BUT NOT LIMITED TO REPORTS, ETC, WILL BE ACCURATE OR RELIABLE, AND (iv) THAT THE SAAS SERVICE(S) WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM. WHILE THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO CUSTOMER DATA, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO WARRANTY THAT SUCH CUSTOMER DATA WILL BE SECURE AGAINST SUCH UNAUTHORIZED ACCESS OR OTHER SECURITY BREACHES. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE YOUR USE OF THE SAAS SERVICE(S) WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS IN INDIA OR ACROSS THE WORLD. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SAAS SERVICE(S), RELATED SAAS SERVICES OR CUSTOMER DATA IS IN ACCORDANCE WITH APPLICABLE LAW. USE OF THE SAAS SERVICE(S) AND THE ACCOUNT ARE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE ACCOUNT RESULTING FROM THE USE OF THE SAAS SERVICE.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAAS SERVICE(S) IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SAAS SERVICE(S) WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
G. INDEMNITY
  1. You agree to indemnify and hold harmless the Company, its subsidiaries and affiliates, and its and their directors, officers, agents and employees ("Indemnitees"), from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, (i) the use of the SaaS Service(s), (ii) violation of the Agreement, or any proprietary or other rights of another by you; or (iii) your breach of any confidentiality obligations owed to another. You further agree and acknowledge that the Indemnitees are not liable or responsible in any way for any errors, omissions or any other actions arising out of or related to the use of the SaaS Service(s).
  2. You also shall at your cost and expense (i) defend or settle any claim brought against Indemnitee(s)” by an unaffiliated third party alleging that the Customer Data infringes or violates a third party’s intellectual property or privacy right(s), and (ii) pay, indemnify and hold the Indemnitees harmless from any settlement of such claim or any damages finally awarded to such third party by a court of competent jurisdiction as a result of such claim
H. LIMITATION OF LIABILITY
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE SAAS SERVICES, OR ANY OTHER PECUNIARY LOSS) LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES OR EXEMPLARY DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SAAS SERVICE(S); (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SAAS SERVICE(S); OR (iii) ANY OTHER MATTER RELATING TO THE SAAS SERVICE(S).
  2. YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SAAS SERVICE(S); (b) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) UNAUTHORIZED ACCESS TO CUSTOMER DATA ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILIZED IN, THE SAAS SERVICE(S); OR (d) EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
  3. IN NO EVENT WILL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED EITHER (a) THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMAPNY FOR THE SAAS SERVICE(S), OR (b) One MONTH SUBSCRIPTION FEES, WHICHEVER IS LESSER.
I. LINKS
    The Website will contain links to third party websites including to the Payment Gateway that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve the Company from any and all liability arising from its use of any third-party websites as aforesaid.
J. DATA PROTECTION
  1. The Company will maintain such reasonable safeguards for protection of the security, confidentiality and integrity of any Personal Information shared directly or indirectly with the Company during the course of provision of the Services, as described in these Terms of Use read with the Privacy Policy as mandated under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any other law on data protection that may come into force (“Data Protection Laws”). For the purposes of these Terms, ‘Personal Information or Data’ shall mean any individual’s name, age, email address, postal address , phone number shared with the Company by the Customer during the course of availing the Services.
  2. You understand and acknowledge that for the purposes of any Data Protection Laws, you (Customer) shall be deemed to be the “Data Controller” on whose instructions any Personal Information or Data is processed by the Company for the provision of Services to you and the Company shall be deemed to be the Data Processor, who processes any Personal Data or Information as per the Data Controller’s instructions. Under no circumstances will the Company be deemed a data controller with respect to Personal Information under Data Protection Laws.
  3. You agree and understand that any Personal Information collected from an individual will be shared with us and with third-party service providers selected by you, using the Platform such as a Logistics Partners, for the sole purpose providing the Services to you and only to the extent necessary to provide or improve the Services. Any Logistics Partner will only be given access to the individual’s Personal Information as is reasonably necessary to provide the Services to you. You, being the Data Controller shall be responsible for procuring all the requisite consents/ permissions from individuals whose information is to be shared on the Platform with us or our Logistics Partners, as mandated under the Data Protection Laws. In that regard, you shall have the requisite Terms of Use and Privacy Policy on your website to ensure such compliance of the Data Protection Laws. You shall be solely liable in the event you fail to procure the requisite consents for collecting and sharing Personal Information and Data and shall indemnify us against any cause or action that may be taken against us in this regard.
  4. You being the Data Controller shall, upon termination or expiration of this agreement and by way of issuing an instruction, stipulate, within a period of time set by the Company, the reasonable measures to return data or to delete stored data. Any additional cost arising in connection with the return or deletion of any Personal Information or Data after the termination or expiration of the Agreement shall be borne by you.
K. TERMINATION
  1. You may terminate your Account or Subscription at any time, for any reason by writing to us at support@eshipz.com . You agree that you may not be entitled to any refund of any monies.
  2. We may terminate your access to the Website/your Subscription/Account upon sending notice to you at the email address as provided by you during registration but not limited to the following:
    1. for any suspected violation of the rules, regulations, orders, directions, notifications issued from time to time by Government of law or for any violation of these Terms of Use or any law for the time being in force;
    2. to combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event; or
    3. if the Company believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
  3. If the Company terminates your Subscription for breach of terms of these Terms of Use, you will not be entitled to any refund of any monies.
  4. In the event the Company terminates your Account/Subscription for convenience during the pendency of any SaaS Service, then at its sole option, the Company may either refund the Subscription Fees after deducting therefrom such amounts as are commensurate with the SaaS Services already rendered, or continue providing the relevant SaaS Services till the expiry of the relevant period for which the Subscription has been paid
L. RELATIONSHIP BETWEEN THE PARTIES
    The parties are independent contractors. These Terms of Use shall not establish any relationship of partnership, joint venture, employment, franchise or agency between the parties
M. CHOICE OF LAW
    These Terms shall be governed by the laws of Republic of India. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
N. SEVERABILITY
    If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Please email us at hello@eshipz.com if you have any questions regarding these Terms and Conditions.