SERVICES MANAGEMENT SOLUTIONS AGREEMENT
THIS SERVICE MANAGEMENT SOLUTION AGREEMENT (“Agreement”)
is executed at Gurugram (Haryana) on (Effective Date)
BY AND BETWEEN
QXPRESS INDIA PRIVATE LIMITED, a company registered and incorporated under the provisions of Companies Act, 2013 and having its registered office at 9th Floor, Unit No. 901-902-903, Tower C, Sector-39, Unitech Cyber Park, Gurugram, 122001 Haryana (hereinafter referred to as "Company" or “Qxpress”, which expression shall mean and include, unless repugnant to the context or meaning thereof, its affiliates, successors and permitted assigns) of the ONE PART
AND
a company/Proprietorship Firm/Partnership Firm incorporated under the laws of India, having its registered office at
(hereinafter called collectively, “Merchant” or “you” “Your”or “user”) incorporated under the laws of India, which means and include, unless repugnant to the context or meaning thereof, its affiliates, assigns, liquidators, successors and permitted assigns) on the OTHER PART.
Company and the Merchant are hereinafter individually referred to as “Party” and collectively as the “Parties”
WHEREAS
- Qxpress is engaged in the business of offering various services through its website/Mobile App platforms including but not limited to conventional offline businesses too for providing Logistics services, and to act as an aggregator of Services between Merchants and third party courier service providers.
- Merchant is engaged in the business of sales through available mediums either Online or Offline.
- The Merchant is desirous of using the Services of Company and has approached Company for providing services as per this agreement.
- The Parties are desirous of recording the terms and conditions for the purpose set out above subject to provisions and conditions set forth herein;
- This Agreement is an electronic record issued under the Information Technology Act, 2000 and the rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This Agreement contains the terms and conditions that govern your access to, and use of this agreement and/or any ancillary services through an account maintained by you on the this agreement and is an agreement between You, or the business you represent, and Company. This Agreement is a legally binding agreement between You and Company.
- It is specifically clarified that this agreement is in addition to any other agreements that may be executed between you and Company.
NOW THEREFORE, in consideration of the foregoing and the promises contained herein the Parties, hereto agree as follows:
1. TERM:
- This Agreement shall be effective from the Effective date. The Agreement shall be valid, legal and binding on the Parties unless terminated by the parties by giving 30 days advance notice in accordance with the terms of the Agreement.
- Acceptance of Terms:- You have accepted the Terms of Trade shared with You by company
- Upon being granted access to its account on the portal maintain by the company, it shall be the Merchant’s responsibility to ensure that it has access to the portal at all times
- Company reserves the right to deny or delete the Merchants account, if it finds that incomplete, inaccurate, or false information or documentation has been provided to company during the on-boarding process. You authorize us to verify the information updated by you from time to time
2. SCOPE OF SERVICES
Qxpress shall provide solution (“Service”) in a manner set out as below:-
- Merchant shall provide the list of orders (“Order List”) to Company.
- Company shall facilitate/provide the Service to the Merchant by providing the Merchant an automated shipping panel services technology integrated with Qxpress’s vendors (offered through an offline mode).
- The Merchant agrees that the shipments shall be picked up by Company’s Vendor from the Merchants’ locations as communicated by Merchant.
- The tracking number would be assigned by Company based on the pickup, delivery pin code and type of shipment.
- Merchants shall mandatorily provide and display prominently on package of the shipping label full details which shall include the name of the Merchant, his contact number, address, the Order Number, consignee details, product details, return address i.e. the shipping address and the Gross Value and Collectable Value (Net value) to be collected in case of COD (Cash on Delivery) shipments.
- Merchant agrees that all claims must be notified to Qxpress in writing within twenty four (24) hours from the date of acceptance of the shipment, failing which Merchant forfeits and waives its right for/to such claim.
- Merchant agrees that in case of shipments booked under COD (Cash on Delivery), Qxpress/Qxpress’s vendor shall collect Cash, as per the instructions of Qxpress from the Consignee of the shipments as per the details mentioned on the COD Order and remit/reimburse the amount to Qxpress which then forth would be reimbursed to the Merchant.
- Merchant agrees that any registration information given to Qxpress and the details of the shipment will always be true, accurate, correct, complete and up to date. Merchant agrees that any phone number used to register with the Service will be registered in the Merchant’s name and Merchant might be asked to provide supporting documents to prove the same. Further the Merchant agrees to ensure that the Phone Number being provided by the Merchant shall be an active number.
- Merchant shall allow Qxpress and its registered service partners to send delivery related messages and calls to its customers which shall be in compliance with the required laws.
- Merchant agrees to use the Services only for purposes that are permitted by (a) the Terms of this agreement and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including the laws related to Data Protection and Privacy).
- It is expressly agreed between the parties that Qxpress is merely providing a facilitating service between the Merchant and various Third Party Logistics Service Providers , under no situation whatsoever is Qxpress responsible for the Merchants Act’s or Omissions.
3. OBLIGATION OF THE MERCHANT
- Merchant agrees that he shall be responsible for safe, proper, tamper proof and damage proof packing to ensure that it shall withstand the normal transportation and environmental hazards and shall be in compliance with applicable laws of the products that are handed over to the Courier service provider/Qxpress’s Vendor.
- Merchant shall be responsible for packaging as well as for providing the correct weight of the shipment before the same is picked up by the third party logistics service provider. In the event of any discrepancy found in the weight provided by the Merchant at the time of booking/submission/uploading data or under any other circumstance if the weight provided by the Merchant is found to be inaccurate, the weight provided by the third party logistics service provider or Qxpress as the case may be shall be accepted as the correct weight.
- Merchant shall be ready with the packed order when the courier service provider/personnel comes to receive the shipment, all pick-ups should be logged before the cut off time as directed by the customer support team of Qxpress, and no pick up beyond the cut-off time will be done. Merchant agrees that they shall contact the Qxpress personnel for the pickup arrangements.
- Once the shipment is handed over to the third party logistics service provider the Merchant shall hand over the shipment manifest and the same shall be signed by the third party logistics service provider and returned to the Merchant. The receipt of the signed manifest is the proof of handing over of the shipment.
- Merchant agrees to properly paste and insert a valid invoice, in and on the package.
- Merchant agrees to ensure that he shall provide all relevant information including name, registered number, address for the purpose of being mentioned on the shipping label to be affixed on the shipment/package.
- Merchant agrees that when a shipment coming back as Return To Origin (RTO) due to failure of COD or failed delivery or any other reason whatsoever, it is the Merchant’s responsibility to change the status of the order to RTO received and intimate Qxpress with the Reverse Airway bill number. Merchant agrees to make payment as applicable.
- Merchant shall agree that he shall not book / handover or allows to be handed over any good which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws or contains any cash, jewellery of (excluding artificial jewellery) gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, letters and financial and security instruments, and Qxpress shall not be liable for the Delivery of any such products. Without prejudice to the generality of the aforesaid, an indicative list of the banned or prohibited products is given in “Banned Products”, attached as Annexure 1. In the event Merchant hands over or provides the aforesaid products to Qxpress then Qxpress shall not be responsible and shall not be liable for any loss, damage, theft or misappropriation of such Products or seizure of the same by any judicial/regulatory authority, even if such loss, damage, theft or misappropriation is caused due to any reason attributable to any of it’s vendor or authorized delivery personnel.
- The Merchant will be solely responsible for complying with all statutory requirements (State and Central Laws/Statutes) applicable including but not limited to requirements in relation to booking, sale and transportation of the shipments carried and delivered on merchant’s behalf in pursuance of this agreement.
- Merchant agrees not to use the Services provided by Qxpress for any unauthorized and unlawful purpose and will not impersonate another person. In the event of non- compliance or breach of this clause, Merchant shall be liable for the losses and damages occurred due to such non-compliance and shall keep Qxpress indemnified against such losses and damages.
4. TERMS OF PAYMENT:
- Qxpress shall issue invoice to the Merchant on a Bi-Weekly basis in according to the commercial agreed between the parties for the services being rendered in the immediate preceding month, the payment shall be made after deducting service fee from the COD/Pre paid remittance on Bi- Weekly basis. In case any different terms is accepted then the same shall be accepted over the email with merchant in reference to this agreement.
- Qxpress may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion, after communicating the same to the Merchant. If the Merchant avails any such services, the merchant authorizes Qxpress to charge fees as applicable to the said services, and authorizes Qxpress to make such modification to the fee structure as required and Merchant also agrees to abide by such modified fee structure.
- Merchant is solely responsible for payment of all taxes, legal compliances and statutory registrations applicable on Merchant’s part. Qxpress is in no way responsible for any of the Merchants taxes or legal or statutory compliances, except for its own due diligence.
- Merchant agree that in case fees is not received in accordance with clause 4.1 or within the specified due dates, Qxpress shall impose late charges of 1% per month from the due-date of payment, and any such charges may be levied at Qxpress’s sole discretion after a 15 (fifteen) day curable notice has been sent to the Merchant & merchant fails to comply with the same.
- Qxpress reserves the right to modify the fee structure by providing a 7 (Seven days) prior written notice to the Merchant. Upon the Merchant not communicating any response to Qxpress to such notice, Qxpress shall apply the modified fee structure effective from the expiry of the said notice period.
- Both parties shall comply with tax, GST (If Applicable) and other regulations applicable on them from time to time.
- Parties shall be responsible for complying with all applicable laws, regulations governing the parties from time to time and their scope of work envisaged in the this Agreement. If, due to any change in applicable law or regulations or the interpretation thereof by any court or other governing body having jurisdiction subsequent to the date of this Agreement, performance of any provision under the Principal Agreement is affected, the Parties shall use their best efforts to find an alternative means to achieve the same or substantially the same results as are contemplated by such provision.
- In the event of any dispute between the Parties with respect to the Invoiced Freight Services, the dispute should be raised within one week of the receipt of the invoice. Thereafter, the Parties shall promptly seek to resolve the dispute in good faith. Payment of the undisputed amount shall not be affected and should be made as per the general terms of this Agreement.
- If for any reason the Merchant defaults in making the payments against undisputed invoices issued by Qxpress, then notwithstanding anything contained in this agreement or other rights and remedies that Qxpress may have in contract, at law (including common law) or in equity, the Merchant shall pay liquidated damages to Qxpress on the invoiced amounts that are not paid by the Merchant on the due date of such payment(s) from the due date till payment, and shall attract Liquidated Damages at 1% per month after serving a 7 (Seven) days curable notice.
- If the Merchant is unable to resolve the dispute against disputed invoices within 15 (fifteen) days from the due date of such invoice/service/claim, Qxpress reserves the right to withhold the shipment or COD remittances till the time such payment is made/or such dispute is resolved.
- Where the Merchant subscribes to any packages offered by the Company, he shall have to pay an additional subscription fee as applicable.
5. LIMITATION OF LIABILITY
- Qxpress shall not be responsible or liable in any manner to the Merchant for any losses, damage, injuries or expenses incurred by the Merchant as a result of any action taken by Qxpress, where the Merchant has consented for the same.
- Qxpress does not verify any content or information provided by the Merchant and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the Services or the use of the Merchants product by the end customer.
- In no event, including but not limited to gross negligence, willful misconduct, shall Qxpress, or any of its directors, officers, employees, agents be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related to this agreement.
- In no event shall the total aggregate liability of Qxpress to the Merchant for all/any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions agreed between the Parties or a Merchants use of the Services exceed, in cases where no FOV(Freight on Value) is accepted then liability shall be NIL, or where FOV is accepted then as per actual cost or an aggregate of INR5,000/shipment , whichever is lower out of the both..
- Subject to clause 5.4 and Annexure 2, Freight for LOST & Damage shipments, in both scenarios freight will be charged depending upon the transition of the shipment i.e. if the shipment is damaged/lost during transit/delivery to end customer then a forward Services charge shall be deducted however if the same is lost /damaged when the shipment has been marked as RTO, then both forward as well as RTO charge shall be applicable.
- Qxpress shall not be liable for any act or omission of any other company or companies furnishing a part of the Services, or from any act or omission of a third party and those vendors participating in the Services, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service.
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Qxpress shall not be liable in any manner whatsoever for any third party claims including but not limited to consumer grievances , complaints , intellectual property rights violations, etc. in regard with the
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Quality/Quantity of the product.
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Defect/Damage in the product.
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Deficiency in service/Unfair Trade practice by the Merchant.
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Intellectual property right infringement.
- Any illegal/unlawful acts/omissions by the customer of the Merchant
- Under no circumstances will either party or any director, officer, employee, agent or any of its business partner be liable to the merchant for indirect, incidental, consequential, special or exemplary losses or damages arising from the agreement, under tort, common law or under public policy.
- Under no circumstances will Qxpress or any director, officer, employee, agent or any of its business partner be liable to the merchant for any loss or damages arising out of third party grievances or claims relating to the product, or any intellectual rights infringement by the merchant or any other loss or damages, which have taken place due to the act or omission of the merchant.
- The parties agree that the foregoing represents a fair allocation of risks between the parties and essential element for parties to enter into this agreement.
6. INSURANCE
It is expressly understood and agreed by both parties that Qxpress will not offer and not be required to insure any item contracted by Merchant for carriage by any vendor of Qxpress.
7. INDEMNIFICATION
- Merchant agree to indemnify, defend and hold the Qxpress harmless from and against claims, demands, actions, liabilities, costs, interest, damages and expenses of any nature whatsoever (including all legal and other costs, charges, penalties and expenses) incurred or suffered by the Qxpress, arising out of any (a) any wrongful or negligent act or omission of the Merchant, its employees, agent, or any one acting on Merchant’s behalf; (b) any breach of the Merchant’s obligations under this Agreement; and, (c) any Customer/ third party action or claim made against the Qxpress, by reason of any actions or omissions by the Merchant arising out of its obligations under this Agreement. The rights, powers, privilege and remedies provided in this Indemnity are cumulative and not exclusive of any rights, powers, privileges or remedies provided by law.
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The Merchant shall ensure that in any such situation as mentioned in this agreement, the Merchant shall indemnify, defend and hold harmless Qxpress, its affiliates, employees, directors and vendors. Further the Merchant shall indemnify Qxpress / Third Party Logistics Service Provider in any event where the end consumer/customer of the Merchants Product would do any inappropriate/unlawful act including but not limited to forcefully snatching the shipment or Cash from the courier, etc.
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Merchant agrees that the Merchant on its behalf shall keep Qxpress indemnified against all duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments. In event of such charges being levied by any government authority, the same can be claimed from the Merchant against the challan of the same. Merchant shall keep Qxpress indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on the Merchants part, this shall also include GSTIN Non-compliance on Merchants part.
- Merchant shall indemnify Qxpress for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Qxpress as a result of Merchant’s breach of the terms of this agreement and/or breach of any applicable law.
8. TERMINATION
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Either Party may terminate this Agreement on the occurrence of any of the following events;
- Immediately, if the Party is declared insolvent or bankrupt or is unable to pay its debts or makes a composition with its creditors;
- Immediately, if the Party is dissolved or wound up compulsorily or if an order is made or an effective resolution is passed for the winding up of the such Party;
- Immediately, if the Merchant violates any applicable law and misuse the services as defined under Clause 11;
- In case of any material breach of this Agreement apart from violation of applicable law and misuse of services, the agreement can be terminated after giving one month prior written notice to the other Party to rectify such breach as a cure period and in case the Party in breach is unable to rectify such breach within cure period, then other party can terminate the agreement by giving one month notice after expiry cure period.
- In the event of termination of this Agreement, the Merchant shall promptly and forthwith make payments of all the Fees accrued or due to Qxpress.
- Qxpress can terminate this Agreement by giving one month notice in writing without assigning any reason.
- Clauses 4,5,6,7,9,10,11,12,13,14,15,16,19,20,21 shall survive expiry or early termination of this Agreement.
- Either party may terminate this Agreement by giving a 30 days prior written notice to the other Party.
9. CONFIDENTIALITY:
- Each party shall, during the term of this Agreement and at any time thereafter, be under an obligation to keep confidential any and all Confidential Information. Each party hereby acknowledges that it shall not, without the prior written consent of the other party, in any way disclose or transfer any Confidential Information to any third party (other than any of its respective Authorized Party subject to this Agreement), or use, transfer or otherwise dispose of any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
- Any contravention of the present clause shall be taken to be a material breach of the contract rendering the Agreement to be terminated forthwith by Qxpress.
- The provisions of this Clause will survive the expiry or early termination of this Agreement
10. ASSIGNMENT
- Subject to Clause 10.2, this Agreement (including, without limitation, any and all rights, interest, benefits and obligation in relation thereto) shall apply to and bind any and all successors and assigns of the parties hereto
- Neither party shall assign, transfer, license or sub-contract any of its rights, interests, benefits and/or obligations under this Agreement to any third party without the prior written consent of the other party, which shall not be unreasonably withheld.
11. NO VARIATION
No variation, waiver or amendment of any term of this Agreement shall be valid unless such variation, waiver or amendment is made in writing and signed by or on behalf of both parties hereto.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and revokes and supersedes all previous agreements. Company may amend or replace this Agreement from time to time on the portal, by updating this document. We shall intimate you through the portal of impending changes prior to updating this document. Your use of the portal following intimation and subsequent posting of changes will mean that you accept such changes.
13. PUBLICITY
Qxpress shall be entitled to make public disclosure without obtaining the prior written consent of the merchant regarding the execution of this Agreement and from time to time regarding the ongoing business relationship between Qxpress and the Merchant.
14. CORPORATE AUTHORITY/FURTHER ASSURANCES:
Each Party represents that it has taken all necessary corporate actions to authorize the execution and consummation of this Agreement and will furnish the other Party with satisfactory evidence of same upon request. Each Party agrees to negotiate in good faith the execution of such other documents or agreements as may be necessary or desirable for the implementation of this Agreement and the effective execution of the transactions contemplated hereby, and shall continue to do so during the Term of this Agreement.
15. MISUSE OF THE SERVICES:
Qxpress may restrict, suspend or terminate the account of any Merchant who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of this Agreement, or any other behavior that Qxpress, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Qxpress has adopted a policy of terminating accounts of Merchants who, in Qxpress’s sole discretion, are deemed to be repeat infringers of any the Terms of this agreement and of any other applicable law.
16. COMPLIANCE OF LAWS INCLUDING ANTI - BRIBERY LAWS:
- Merchant hereto agrees that it shall comply with all applicable local laws, ordinances and codes including compliance of anti-bribery laws/regulations in performing its obligations hereunder. If at any time during the Term of this Agreement, Merchant is informed or information comes to its attention that it is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction), Merchant shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects. Further, Merchant shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any law, code of practice or corporate policy applicable to it from time to time.
- Parties represent, warrant and covenant that as on the date of this Agreement, the Parties are in full compliance of all applicable laws and regulations relating to anticorruption and anti-bribery ("Anticorruption Laws") and have not violated the same and agree and undertake that they shall not violate the Anti-corruption Laws, whether directly or indirectly.
- Data privacy- Parties are required to comply with all the applicable data privacy and data protection laws including but not limited to Information Technology Act, 2000 and rules framed under it, if applicable.
17. FORCE MAJEURE:
- Except financial obligation ,In the event either party (the Prevented Party) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosion, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (Force Majeure Event), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
- If Force Majeure events occurs, neither party shall be responsible for any damage, increased costs or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the event of Force Majeure.
18. GOVERNING LAW AND JURISDICTION:
This Agreement, the construction and enforcement of its terms and the interpretation of the rights and duties of the Parties hereto shall be governed by the laws of India and shall be subject to the jurisdiction of courts in Gurugram. This Agreement is executed in English language which shall prevail over any translation thereof.
19. DISPUTE RESOLUTION:
All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity or termination, which cannot be amicably resolved by the Parties within 15 days of being brought to their attention (such 15 day period is referred to as the “Consultation Period”), shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996 and the rules made thereunder and/or any amendments thereof. Each dispute submitted by a party shall be referred to the Independent Sole Arbitrator to be mutually appointed by the parties. In case parties failed to appoint Sole Arbitrator within 15 days after raising dispute then in such case, Sole Arbitrator shall be appointed through intervention of court. The venue/seat of Arbitration shall be New Delhi and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
20. SUCCESSORS
This Agreement binds the successors and assigns of the respective Parties with respect to all covenants herein, and cannot be changed except by written agreement signed by both Parties.
21. SEVERABILITY AND WAIVER
If any provision of this terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. A failure or delay of any Party to this Agreement to enforce at any time any of the provisions of this Agreement or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions of this Agreement.
22. NO PARTNERSHIP OR AGENCY
It is expressly understood by the parties to the agreement that Qxpress is not performing any activity or job or providing service on behalf of the Merchant which tantamount to Seller or Retailer and or Stockiest/Distributor. Nothing in this Agreement (or any of the arrangements contemplated herein) shall be deemed to constitute a partnership between the parties hereto, nor, except as may be expressly provided herein, constitute any party as the agent of another party for any purpose, or entitle any party to commit or bind another party in any manner.
23. NOTICE
Unless otherwise specified, notice to a party required under this Agreement must be provided in writing and delivered personally or by courier, sent by prepaid registered mail or transmitted by fax to the parties at the contact details shared between the parties at the time of accepting this agreement or at the address specified on KYC.
All notices or other communications required or permitted under this Agreement shall be deemed duly given:
- when delivered in person to the contact person for the recipient Party
- Upon transmittal of e-mail transmission to the contact person for the recipient Party at email address designated in the recipient Party in this Agreement, with reasonable evidence of successful transmission, or
- three business days after being mailed by either registered or certified mail, return receipt requested, postage prepaid to the contact person for the recipient Party at the mailing address designated for the recipient Party in this Agreement.
24. MISCELLANEOUS
- By agreeing to the terms of this Agreement, the merchant agrees to abide by any additional policies that company may disclose and publish on its portal from time to time, including but not limited to policies in relation to privacy, returns, refunds, cancellations, and such other business-related matters as may be determined by company (each a "Policy"). Such Policies may be modified by company periodically to incorporate any business-related changes or any other changes as may be required under Applicable Laws, and the merchants agrees to all such modifications to the Policies.
- The Merchant agrees that in the event of a conflict between a Policy and this Agreement, the provisions of the Policy shall prevail
25. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Mr. Vidhan Chatterjee, Manager Operations
Address: Plot No 409, Sector 07, IMT Manesar, Gurugram 122052 Haryana.
Email: Vidhan.chatterjee@smartship.in
Phone Number: 8527495855
Please contact the Grievance Officer for any questions or comments (including all inquiries related to privacy breaches and copyright infringement) regarding this agreement.
ANNEXURE 1
BANNED PRODUCTS
List of banned or prohibited Products Dangerous Goods
- Oil-based paint and thinners (flammable liquids)
- Industrial solvents
- Insecticides, garden chemicals (fertilizers, poisons)
- Lithium batteries
- Magnetized materials
- Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
- Fuel for camp stoves, lanterns, torches or heating elements
- Automobile batteries & its spare , electric products with battery source
- Infectious substances
- Any compound, liquid or gas that has toxic characteristics
- Bleach
- Flammable adhesives
- Arms and ammunitions
- Dry ice (Carbon Dioxide, Solid)
Restricted Items
- Precious stones, gems and jewellery
- Uncrossed (bearer) drafts / cheque, currency and coins
- Poison
- Firearms, explosives and military equipment.
- Hazardous and radioactive material
- Foodstuff and liquor
- Any pornographic material
- Hazardous chemical items
- Pets and Animals
- Narcotics Supplies restricted under Narcotics Law
- Radioactive material
- Commodities banned by law at any given time without prior notice