Shipping Exchange Terms and Conditions (“Terms”)
Last updated: (31st March 2016)
The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of www.ShippingExchange.com (hereinafter referred to as "website"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the "User(s)") and Freight Mantra Pvt. Ltd. (hereinafter referred to as the “Company”) which owns and operates the website.
Before you subscribe to and/or begin participating in or using web site, the Company believes that user(s) have fully read, understood and accept the agreement. If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Freight Related Information (“services”) in the http://www.ShippingExchange.com website.
Website: will mean the Website, ‘www.ShippingExchange.com’ and mobile application owned and operated by Freight Mantra Pvt. Ltd., for the purpose of offering its services to customers/shippers and service providers, including the quotations and indicative shipping routes and applicable tariffs, to its customers;
App: will mean the Mobile Phone or Application, which may operate on various other internet devices like Tablets, Mobile Phones, Laptops, etc. for the purpose of accessing the website including freight deals, freight quotes, tracking services, container tracking services and other services as may be defined from time to time by the Company;
Shipper: will refer to Internet users/customers/prospective shippers/corporations/Importers & Exporters, who avail or intend to avail, the Service Providers services through the www.ShippingExchange.com website or mobile application;
Service Provider: will refer to the individual/corporation/legal entity /company offering marine transport and ancillary services to the Shipper/Customer via the www.shippingexchange.com website and/or App, and may be referred to as the Company’s ‘Partner’;
Freight Deal/Freight Quote: will refer to either individual or a combination of individual rates, quotes and service terms offered via the www.shippingexchange.com website by the Service Provider for marine transport and ancillary services;
Freight Inquiries: will refer to customer/shipper inquiries related to marine transport and ancillary services brought exclusively via technology platforms belonging to Freight Mantra Pvt. Ltd. and are the exclusive property of Freight Mantra Pvt. Ltd.
1.2 Conditions of Use
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to the Company’s shippers/customers and prospective customers (this refers to internet users/customers/prospective shippers/corporations/importers and exporters, who avail or intend to avail the Service Providers services through the www.ShippingExchange.com website or mobile application, as the case may be). The Company reserves the right to suspend or limit access to any user upon violation of this Agreement or for any other reason determined by the Company.
This website acts as a mere venue/platform for our users to negotiate/interact for buying, selling and other business services by way of locating companies to trade with, through the Company’s on-line service.
The Company does not take part in the actual transaction, unless expressly or impliedly mentioned as the case may be, that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers.
All transactions will be the responsibility of the Shippers only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between the Company and the Shipper.
1.3 Amendment to Terms & Conditions
The Company may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
2. Acceptance of Services
Shippers/Customers placing orders via the website impliedly confirm their acceptance of the Contract with the Company/Service Providers, as the case may be, and are thus bound to perform the contract and make the payment as promised.
Bookings made through the website create a contractual (legal) relationship between you and the Service Provider providing the service. The Company acts merely as an intermediary between you and the Service Provider, or as the case may be in individual shipping contracts, and is not directly responsible for the performance of the contract.
You agree that information pertaining to shipping rates/routes as displayed on our website are on an as-is basis, updated by the Service Provider/Shipping Provider, who is directly responsible for updating all information pertaining to rates, availability and routes as displayed on the website.
The Company reserves the right to cease, suspend or alter Freight Inquiry or Freight Deals/Quotes on offers and related pricing information from view, if at such time there is a dispute or delay over an agreed quotation to pay.
The Company reserves the right to remove freight inquiry/freight deal listing/company details/shipping route listings, if found unsuitable or for any other reason the Company determines.
All the information and freight routes/rates provided are on an “as-is” basis, and the Company does not guarantee or indemnify any user for any inadvertent error in the information. Similarly, the Company cannot guarantee the accuracy, safety or timeliness of services provided through the website.
The website provides the most competitive freight rates and multiple shipping options, and these are displayed including taxes (subject to change by the Service Provider), or, unless differently stated in the confirmation email to you (shipping rates are dynamic and often fluctuate, beyond the control of the Company). Different service providers may offer variable contractual terms, with cancellation charges that might vary for different routes/freight categories. You are advised to check these details at the time of booking as the Company will not be responsible for any disputes/losses arising out of the same.
You agree that the Service Provider/Shipping Service Provider, remains exclusively responsible at all times for the accuracy, completeness and correctness of the information pertaining to all services advertised on the website – and it does not constitute as a recommendation or endorsement of quality by the Company.
The Company reserves the right to cancel any pending freight inquiry or freight deal, as it deems fit, without offering any reasons for the same to either the User or the Service Provider.
The Company reserves copyright and trademark and other proprietary rights (not limited to the Intellectual Property Rights as governed by the laws of India) on all materials, designs, content, graphics, compilation, digital conversion and other matters related to the Website and Service, and forbids the user/customer from using such material without first seeking express permission and agreement from the Company.
"Shipping Exchange", "Shippingexchange.com", and related icons and logos are registered trademarks or trademarks or service marks of the Company features on the web site are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the web site. The Company also reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
The Company withholds the right to temporary or permanent termination of membership of any user for any of the following reasons: (a) If it concludes that the user(s) have provided any false information in connection with the member account to the Company, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product information.
(d) Post any material to a member that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form.
(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services.
(g) Obtain by any means web site member's user name and/or password.
If the Company terminates user(s) membership, user(s) will not have the right to re-enroll or join or obtain any services in the website under a new account or name unless formally invited to do so by the Company. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
4. Registered User(s)
To become a Registered User(s) there is a proper procedure, which is for the convenience of user(s) so that they can easily log-in and log-out.
User(s) can become a Registered User(s) by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc.). The Company will establish an account ("Account") for the user(s) upon registration and assign a user alias ("User ID") and password ("Password") for log-in access to your Account. Web site may or may not assign user(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to the Company during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize The Company to share such information with other user(s). The Company may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. Web site may suspend or terminate a Registered membership at any time without any prior notification in interest of the Company or general interest of its visitors/other members without giving any reason thereof. Registered User are not a part or affiliate of the Company in any way.
You attest that “Despite my and organization's contact number(s) are on Do Not Call Registry/List of my country/state/city/region, I consent to be contacted by Freight Mantra Pvt. Ltd., ("The Company") through phone calls, SMS notifications or any other means of communication, in respect to the services provided by the company.”
5.1 Collection of Information
The Company collects information from users when they register to gain access to services or at other specific instances when they are requested to provide their personal & business information. The Company has exclusive ownership over this data and may sell the same to third parties. During registration, users provide their name, email address, business information and other personal details. Once a user registers, they are no longer anonymous to the website and it is deemed that the user has given the Company the unhindered right to publish the desired business & personal details throughout its marketplaces, including but not limited to, business directory, trade leads, catalogs etc.
Users are deemed to have shared their information willingly with the Company, unless it is specifically stated otherwise. Promotions that run on the website may be sponsored by companies other than Freight Mantra Pvt. Ltd. or may be co-sponsored by another company. Some or all data collected during a promotion may be shared with a sponsor(s).
The website gathers usage statistics such as pages viewed, number of unique visitors, browser software, screen resolution etc. for analysis that helps provide an improved user experience and services.
5.2 Use of Personal & Business Information
The website’s primary goal in collecting personal or public information is to provide users with a tailor-made services and a customized experience. This includes personalized services, interactive communication and other services, most of which are completely free. Business information is used to display the Service Providers business listing or freight-deal offerings across our network to fetch the best freight rates for users.
In order to provide free services, the Company may display advertisements based upon the website’s usage statistics and visitor trends. The Company may use personal & business information obtained from its users, to serve targeted advertisements through its websites, newsletters and customized mailers. Users consent to receiving business enquiries through email, phone calls or SMS notifications, from various buyers and sellers that might or might not be of their interest. The Company does not exercise any control over Service Providers for sending enquiries to listed members.
The Company reserves the right to record buying and browsing activities of users, including, but not limited to contact details and usage profiles to provide value-added services.
5.3 Sharing of Information
As a general rule, the Company will not disclose or share any of the user's personally identifiable information except when it has the user's permission or under special circumstances, such as when the Company believes in good faith that the law requires it or as permitted in terms of this policy.
The Company may also disclose account information in special cases when the Company has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Company’s Terms and Conditions or may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, other Company’s network website users, or if the Company deems it necessary to maintain, service, and improve its products and services. Personal information collected may be transferred and shared in the event of a sale, or as per the aforementioned terms.
5.4 Distribution of Information
The Company may, from time to time, send users emails regarding products and services. The Company constantly tries and improves marketplace tools for efficiency, relevancy, innovative business matchmaking and better personal preferences. The Company has many match making tools in the marketplace to be used by users for making relevant business contacts with each other. The Company may allow direct mails using its own scripts (without disclosing the email address) with respect/pertaining to the products and services of third parties that it feels may be of interest to the user or if the user has shown interest in the User’s company for business requirement by way of our paid buyers-sellers contact services. Users shall be able to control the information sharing through their administration/account setting panel available on the website. Only the Company, its registered members or its agents working under confidentiality agreements will send these direct mailers. Relevancy of the contacts made between users would depend upon the information sought & given by various users.
5.5 Updating of Information
Users may edit their account information and profile by logging onto the website and/or by sending a request to firstname.lastname@example.org. The requested changes may take up to 30 days to appear online because of a verification process and server cache policies.
A user account can be deleted or deactivated, but doing so will result in the user not being able to access any members-only area of the network. Residual information will remain within our archival records.
5.6 Protection of information
As with all information, the Company does not sell any data in bulk to third party that can be misused for telemarketing or bulk mailing or any other unethical purposes. Any user statistics that we may provide to prospective advertisers or partners regarding product or service usage on the website network is provided in an aggregate form only and does not include any personally identifiable information about any individual user. The Company takes all necessary steps, within its limits of commercial viability and necessity, to ensure that the user's information is stored and handled securely. However, data transmission over the Internet cannot be guaranteed to be 100% secure. As a result, while the Company strives to protect user's personal & business information, it cannot ensure the security of any information transmitted to the website and users do so at their own risk. Once the Company receives user transmission, it makes best efforts to ensure its security in its systems.
Although the Company has taken every care and precaution while compiling information displayed on this website or mobile application, the same has been published on the express understanding that the Company does not provide any guarantee whatsoever of its accuracy or integrity. The Users of this website agree to make independent inquiries with the Service Provider to confirm the reliability of quotations, routes and final rates as provided.
The Company is not liable under any circumstances for any hazardous materials, dangerous goods, prohibited or restricted articles or if the Shipment contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, firearms, parts thereof, weapons, explosives or ammunition, human remains, pornography or illegal narcotics/drugs.
The Company is not responsible for any liabilities arising out of incidental and ancillary services which might be provided by the Service Provider(s), including but not limited to surface transportation, customs assistance or any other related logistical support, however, the same may be offered by the Company as part of the Freight Deal offered.
The Company is not liable, under any circumstances whatsoever, for any errors, omissions, misunderstandings or claims arising out of any service undertaken via this website. All claims pertaining to shipping services are strictly between the Shipper/User and the Service Provider providing the shipping service. Any disputes pertaining to this agreement will be subject exclusively to the jurisdiction of the Courts of New Delhi, India.