Terms and Condition

Terms and Condition

Last updated: December 23, 2016

1. SCOPE

These Conditions define the contractual status of PYC Logistics Pvt. Ltd., an ocean freight forwarding company and/or a non-vessel operating common carrier and the customer with regard to liability, warranty, exceptions, liability limitation, charges and the time bar.

PYC Logistics Pvt. Ltd. is a company incorporated and existing in accordance with the laws of Republic of India (together with its subsidiaries and other affiliates, “us”, “We”, “our” or “PYC Logistics Pvt. Ltd.”)

By accessing or using the Website or by using the Service on the Website you agree to be bound by these Terms and Conditions set forth below including any additional guidelines and future modifications. When you access any sub-site, webpage, hyperlink (whether belonging to an ‘associate’ of PYC Logistics Pvt. Ltd. or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.

PYC Logistics Pvt. Ltd. may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Website apply as soon as they are posted. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.

2. DEFINATIONS

In These Conditions, the following words and expressions have the following meanings unless and except as otherwise specifically defined:

2.1

“Company” means PYC Logistics Pvt. Ltd., hereinafter referred to as ‘PYC’ and its branch offices registered in India under the Companies Act 2013 and providing services of international freight forwarding, logistics, trucking, customs brokerage, insurance and other services with origin or destination.

2.2

“Customer”, “You”, “Your”, “User” and “Beneficiary” means any business company, legal entity not limited to Proprietorship, Partnership, Pvt Ltd, Ltd Unlisted, Ltd Listed, LLP, etc. or natural person or any user of the Website who visits, looks up freight, purchases any Services of the Company through the Website, accepting the service provided by the Company and enjoying rights and undertaking obligations according to the contract, or any legal entity or natural person having an interest in the contract, including but not limited to owner, consignor, shipper, consignee of the goods or their agents.

2.3

“Owner”, “Shipping Line”, “Carrier”, “Logistics Service Provider”, “NVOCC” means the owner of the shipping line, container, liner/schedule services in international trade route to which any business concluded under these Conditions on the Website offers freight for carriage under the transport document.

2.4

“Transit Time” shall mean the time taken by the Carrier towards fulfilment of Services (from the Origin port upto Destination port) with respect to confirmed order placed through the Website.

3. YOUR AGREEMENT TO THESE TERMS AND CONDITIONS FOR AVAILING SERVICE

3.1

The Terms and Conditions is a legal contract between you being, a Customer, user, visitor or beneficiary of this Service, and PYC Logistics Pvt. Ltd., a company incorporated under the Companies Act, 2013 and having its registered office at 506, Popatlal Chambers, 4th Clive, Cross Lane, Dana Bunder, Masjid East, Mumbai 400009, Maharashtra, India,
Hereinafter referred to as the “PYC”. PYC acts as an “Intermediary” / “Reseller” / “Forwarder” solely to assist Customers in gathering information and/or aggregating the private freight rates provided by different logistics and/or shipping companies (“Service Providers”), determining the availability of logistics services (“Services”), for the transportation of cargoes (“Shipment”) making legitimate bookings or otherwise transacting business with the Service Providers, and for facilitating Service requirements.
You acknowledge that PYC is a platform which facilitates logistics through its Service Providers. PYC’s liability in any case of deficiency of Service or loss shall be restricted to the lower of value of goods, shipping cost or INR 1000/-.

3.2

When accepting and availing the Services from PYC you, as a “Customer” shall be deemed to have read, understood and expressly accepted the PYC Policies, which shall govern the desired transaction or provision of such Services by PYC and the Service Providers for all purposes, and shall be binding on the Customer.

3.3

Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The Customer shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of PYC (“PYC Policies”) and the Service Provider whom the Customer selects to transact, including terms and conditions set forth in PYC & it’s Service Providers' fee rules, service rules or other rules.

4. USE OF THE WEBSITE:

4.1

As a condition of your use of this Website, you warrant that:

a.

You possess the legal authority on behalf of your company and are of an age not less than eighteen (18) years to create a binding legal obligation with respect to these Terms of Use, and will use this Website in accordance with the Terms of Use,

b.

You will use this Website to make only legitimate transactions for you or for another person for whom you are legally authorized to act, and will inform such other persons about the Terms of Use that apply to the transaction you have made on their behalf, including all rules and restrictions applicable thereto, You indemnify PYC & its Service Provider against any illegitimate transactions made by You or any other person either legally authorized or on account of your negligence.

c.

You will provide your proper and accurate Name (as per Passport or any other official ID issued by statutory body), Address, Email ID, Contact Number (mobile, direct landline), employer company and will be solely responsible for the Information provided and in case of any error or mistake in provision of information, PYC will not be liable for the same.

d.

All information supplied by you on this Website is true, accurate, current and complete.

e.

If you have an online User Account with this Website, you will safeguard your login details – login ID and password and will supervise the same. You will be completely responsible for any use or misuse of your User Account by you and any other person

4.2

PYC retains the right in its sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.

5. COMMUNICATION POLICY OF THE SITE:

5.a

a.Upon transacting on the Website, you will receive an e-mail or an update in your User Account panel on Website (for registered users) from PYC informing the status of your transaction. The e-mail will be sent to the e-mail address provided by you and PYC is not responsible towards the receipt of the said e-mail in your inbox or your junk mailbox. You will have to take due care and caution and be responsible for entering the proper and accurate contact details including your name, email ID to ensure that we can effectively communicate with you

5.b

The Customer acknowledges that the SMS (Short Messaging Service) provided by PYC is an additional facility provided for the Customer’s convenience. It is not mandatory under the law in force to provide SMS service alerts to the Customers. In case you do not receive any SMS for whatsoever reason, PYC is not liable for the same.

5.c

PYC is not responsible to provide information on any change in the schedules of the Service Provider.

5.d

Any grievance regarding the Service should be communicated as per the grievance policy laid out herein.

6. SITE AND ITS CONTENT:

6.a

This Website and any other Website pertaining to PYC, its associates, affiliates, Service Providers, etc. is only for your personal and non – commercial use. It is strictly prohibited of You and of your associates and affiliates directly or indirectly linked to You, to frame, scrap, hack, data-mine, extract, collect, copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material from this Site, including but not limited to any data, search results, text, images, audio, video or links for any business, commercial or public purpose. Furthermore, you may not mirror any material contained on this Website or the sites of its Service Provider or their associates or affiliates. PYC or its associates or affiliates shall take recourse through law and equity for damages arising out any such activity listed above.

6.b

PYC grants you a non-exclusive, non-transferable, limited right to enter, view, use and transact on this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way or access certain areas of the Website which may only be available to registered members. To become a registered member, you may be required to answer certain questions and provide certain details. Answers to such questions and details is mandatory. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

6.c

You understand that except for information relating to Services being offered by different Service Provider on the Website, we do not operate, control, or endorse any information, products or services provided by the different Service Provider on the Website in anyway. You also understand and accept that PYC cannot and does not guarantee or warrant that files available for downloading through the Website will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

6.d

You agree and accept that PYC may add, change, discontinue, remove or suspend any other Content or services posted on this Website, including features of services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.

7. OWNERSHIP

7.a

All materials on this Website, including but not limited to audio, images, software, text, icons and such like (the “Content”), are protected by copyright under international conventions and intellectual property laws. You cannot use or license the Content, except as specified herein. You agree to follow all instructions on this Website limiting the way you may use the Content.

7.b

There are a number of proprietary logos, service marks and trademarks found on this Website whether owned/used by PYC or otherwise. By displaying them on this Website, PYC is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, civil and criminal statutes.

7.c

The content and information on this Website including, the availability of logistics services, as well as the infrastructure used to provide such content and information, is proprietary to us or our Service Providers.

7.d

While you may make limited copies of your transactions for Service or Service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website.

8. AVAILABILITY, RULES OF SERVICE

8.a

The Services displayed on the Website may not be available in your particular country or locality. The reference to such Services on the Website does not imply or warrant that these Services will be available at any time in your particular geographical location. The Services are subject to availability; PYC shall not be responsible if at the time of completing the transaction on the Website, the Service is not available. It is the responsibility on you to check with the customer support on the availability of specific Services in your area.

8.b

All the Services available on the Website are governed by the rules of service and regulations of the respective Service Provider. You are requested to refer to, acquaint and abide by those rules of service and regulations of the respective Service Provider, prior to booking with us.

8.c

You agree to indemnify PYC against any claim arising due to delay in Shipments and loss of business or profit thereof.

9. RESPONSIBILITIES OF THE CUSTOMER:

9.a

The Customer warrants that they will abide and comply all procedures, applicable laws and guidelines, as modified from time to time relating to the use of the Services.

9.b

The Customer represents and confirms that the Customer is of legal age and duly authorized to enter into a binding contract and is not a person barred from availing any Services under the laws of India or other applicable laws.

9.c

The Customer warrants at their own expense, to have secured the necessary permits, franchises, licenses, or other authorities required to lawfully effect the transportation of the Shipment.

9.d

The Customer shall provide a complete and accurate description of the contents of the Shipment on shipping instruction, cargo, bill of lading and warrants the accuracy of all documents and information furnished. Failure to provide correct address for which a repeat attempt is made shall be indemnified and duly paid by either the recipient of the Shipment, or the Consignor / Customer for any additional costs towards such attempts.

9.e

The Customer shall never conceal or misrepresent any fact, matter or circumstance and shall not perform any action or service, if the provision of such service is, or would be, or may be in violation of, or prohibited by, any laws or by any policy of PYC or its Service Provider. The Customer further agrees that it shall book for Shipments only with respect to those products which do not fall under category of Banned Products on this Website or Banned by any government authority.

9.f

It is the responsibility of the Customer to have the knowledge of all laws not limited to the permissibility of products being shipped, packaging requirement, required documentation for Shipments, non-abandonment, etc. for the origin and destination country. The Customer acknowledges that the Service Provider and PYC accepts the Shipment on said to contain basis and only on the description provided by the Customer on the website, commercial shipping documents like Invoice, Packing List, Shipping Instructions and other relevant Shipping Documents. The contents of the Shipment must be indicated by accurate description on the bill of lading instructions and other shipping documents on which the Shipment has been tendered. PYC and the Service Provider assume no liability to any person for any loss or expense due to the Customer’s failure to comply with this provision. The Customer further agrees to hold PYC and the Service Provider harmless from and against all claims, damages, liabilities, actions, losses, costs and expenses of any nature whatsoever, arising out of Customer’s providing to PYC or Service Provider incomplete, inaccurate or false documentation or failure to provide the required information. Under no circumstances shall PYC or the Service Provider be held responsible for any liability arising out of the goods contained in the Customer’s Shipment.

9.g

The Shipments shall be so packed that the contents enclosed therein are not susceptible to damage during transportation and the Shipments shall be properly marked and addressed. The Shipment’s packing should be adequate and appropriate as per packing requirement for the particular product or as suggested & communicated by the Service Provider. The Customer shall pack the Shipment only in presence of Service Provider’s authorized staff for general inspection of the Shipment. The Service Provider reserves the right to refuse any Shipment, in its sole discretion, that may soil, taint or otherwise damage other merchandise due to its inadequate packaging. In the event any packing service is rendered to any Customer, such services shall be charged in addition to the Service Price and the Shipment shall only be processed on the payment of such additional charges. Further, the Customer understands and agrees to any special or detailed inspection of Shipment whether carried out in the premises of the Service Provider or at the Airport / Seaport / State Border (of origin or destination) by the Shipping Line or the government authority. The Customer agrees, that it shall not claim from PYC or its Service Provider any additional cost incurred towards or arising out of inspection of the Shipment.

9.h

The Customer acknowledges and agrees that they shall be liable for checking the contents, packing, sealing, addressing or labelling of the Shipment, the shipping instruction or bill of lading

9.i

Any flyers, document protectors, shipping instructions, waybills and labels which are necessary for the purposes of protecting, securing, labelling or tracking any Shipment shall be provided by the Service Provider, all costs of which shall be borne by the Service Provider.

9.j

You agree and accept to provide PYC with a general lien and pledge on all your Shipments in PYC’s possession at any point in time and it gives PYC the right to sell the contents and retain the proceeds of sale in settlement of any amounts that You may owe us.

9.k

You certify that all statements and information you provide relating to the exportation and importation of the Shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the Shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your Shipment.

9.l

You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any additional fee we may charge you for providing the services described in this condition.

9.m

If any Customs authority requires additional documentation for the purpose of confirming the import/export declaration or our Customs Clearance status, it is your responsibility to provide the required documentation at your expense.

9.n

PYC charges are calculated in accordance with the rates applicable to Your Shipment as set out on the Website. PYC charges are for either the actual weight of the Shipment or the volumetric weight of the Shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation followed by respective Service Provider / Shipping Company. Any additional charges pertaining to and not limited to address correction, return to origin, abandonment or non-abandonment, clearance, packaging, fumigation, duty, remote area fees, additional handling charges, etc. will be charged extra and You agree to pay PYC its due arising out of such instances within five (5) working days of raising such bills.

9.o

You will be responsible for the accuracy of the weights and dimensions mentioned on the airway bill or ocean bill of lading at the time of handing over Shipments. The Service Providers has every right to reweigh and recalculate the weight and chargeable weight of the said shipments. Should there be a discrepancy in the figures declared, a weight change notification will be forwarded immediately to You and the Shipment will be charged as per the corrected figure and forwarded to the Shipping Company post credit of such payment.

9.p

You assume responsibility for and guarantee compliance with all applicable laws and regulations and shall provide the necessary documentation evidencing the compliance of the same. You agree and ensure that all the Shipments shall be KYC compliant. You shall indemnify us fully against any penalty, or other expenses that we may incur as a result of your failure to provide proper documentation or to obtain the KYC. We assume no liability to You or to any other person for your acts of non-compliance. Further, You agree and give right to PYC to conduct KYC check on your company and Shipment through an external agency appointed by PYC.

9.q

The Customer understands and agrees on the below mentioned points:

i

Inspection: PYC or the Service Provider or the Shipping Company or any governmental authority including customs and security may open and inspect Your shipment at any time.

ii

Insurance: To procure and maintain an insurance to protect the Shipments during the performance of the Services. The Customer’s insurance shall have all risk coverage protection against any and all risks at every moment during the transit and storage of the Shipments. Customer in this act frees PYC or the Service Provider or the Shipping Company from any and all responsibility for any incident or misfortune occurred during the course of the delivery of the Shipment from its origin point to its final destination.

iii

Documentation: To Provide PYC and the Service Provider with a list of all the necessary documentation required for the provision of the Services.

iv

Additional Charges, Weight: For any Shipment sent through Air Mode of transportation, weight of each carton / package should not exceed 30Kgs, failing which the pick-up and delivery of the Shipment is at the discretion of the Service Provider and the Customer agrees to pay any additional charges levied towards such Shipments.

v

Odd Dimension or Heavy Weight Payment: To intimate PYC on Shipments with either odd dimension or heavy weight for special instructions on packaging and additional charges applicable. Such Shipments shall be picked and delivered only on due payment of such booking.

10. PYC RIGHTS

10.a

If you send any communications or materials to PYC by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated by PYC, as non-confidential.

10.b

You hereby give up any and all claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way PYC uses such material.

10.c

Any material submitted to this Website may be adapted, broadcasted, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by PYC anywhere and in any medium, forever.

11. OTHERS’ RIGHTS:

11.a

This Website contains bulletin boards, , blogs, access to mailing lists or other message or communication facilities, you agree to use the same only to send and receive messages and materials that are proper and related thereto. By way of example and not as a limitation, you agree that when using the Website or any facility available here from, you shall indemnify PYC on your acts that is prohibited for any of the following:

i

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

ii

Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.

iii

Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the Customer owns or controls the rights thereto or has received all consents thereof as may be required by law.

iv

Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.

v

Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

vi

Falsify the origin or source of software or other material contained in a file that is uploaded.

vii

Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters.

viii

Use this Website or its contents for any commercial purpose.

ix

Make any speculative, false, or fraudulent booking or any booking in anticipation of demand.

x

Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

xi

Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.

xii

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

xiii

Deep-link to any portion of this Website (including, without limitation, the transaction path for any logistics services) for any purpose without our express written permission or

xiv

Host, display, upload, modify, publish, transmit, update or share the following:

1

Information belonging to another person for which the user does not have any right.

2

Information that is hateful, grossly harmful including harmful to minors, pedophilic, invasive of another privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling.

3

Information that infringes any Patent, Trademark, Copyright or other Proprietary rights.

4

Information that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.

5

Information that threatens the unity, integrity, defense, Security or Sovereignty of India, friendly relation with foreign states or Public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.

6

Information that impersonates another person.

11.b

If the User Account used by You to book Services offered by PYC shows signs of fraud, abuse, or suspicious activity, PYC may cancel any Service bookings associated with your name, email address, or User Account, and close any associated PYC User Accounts. In addition, PYC may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, PYC reserves the right to take any necessary legal action and you may be liable for monetary losses to PYC, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of a User Account, please contact PYC Customer Service.

11.c

PYC reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of PYC’s systems as well as its Customer’s interests are and remain, well-protected. Towards this end, PYC may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

11.d

If PYC, in its sole and exclusive discretion, concludes that the said transactions are not or do not reasonably appear to be, authentic, enforceable or valid, then PYC may cancel the said orders at any time up before the scheduled time of the services booked through PYC.

12. TRANSMITTED MATERIAL:

12.a

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to PYC does not cause PYC to have any special responsibility to you.

12.b

The copyright in the contents of this Website belong to PYC. Accordingly PYC reserves all rights and copying of part or all the contents of this Website without permission of PYC is prohibited except to the extent that such copying/printing is necessary for the purposes of availing of the services provided.

13. DISCLAIMER AND WARRANTY

13.a

You acknowledge that PYC is an intermediary and is not liable for any 3rd party Service Providers obligations due to rates, quality, and other instances, whether to any such subscribers or otherwise. You expressly agree that use of the services and the Website is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the Website or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects on the Website will be corrected.

13.b

The materials on this site are provided and “as available,” “with all faults” basis and without warranties or representations of any kind either expressed or implied. Information, software or offering of any services contained on this Website does not constitute any endorsement or recommendation of services by PYC, PYC Affiliates and the respective Service Providers. The material on this Website could include technical inaccuracies or typographical errors. PYC may make changes or improvements at any time. To the fullest extent permissible pursuant to applicable law, PYC disclaims all warranties relating to the information and description of the services displayed on this Website (including, without limitation, the pricing, photographs, list of services, etc.) much of which information is provided by the Service Providers. PYC, makes no guarantees about the availability of specific services. PYC may make improvements and/or changes on this Website at any time. PYC and its third party and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.

13.c

PYC does not warrant that the functions contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or the servers that make it available are free of viruses or other harmful components, but shall endeavor to ensure your fullest satisfaction.

13.d

PYC does not warrant or make any representations regarding the use of or the result of the use of the material on the Website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other Service Providers.

13.e

You acknowledge that this Website is provided only on the basis set out in these Terms and Conditions. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website or due to the factors of Force Majeure. PYC does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.

14. GENERAL PROVISIONS

14.1

INDEMNIFICATION AND LIMITATION OF LIABILITY:

a.

You agree to indemnify, save, and hold PYC, its affiliates, contractors, employees, officers, directors and agents harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Website, any violation by you of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you herein.

b.

In no event will PYC be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation loss of opportunities, loss of revenues, or loss of anticipated or actual profits or loss of market share, or loss of interest or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to

i

the use of these Terms and Conditions,

ii

the Services, the Website or any reference site, or

iii

your use or inability to use the Services, the Website (including any and all materials) or any reference sites.

c.

Any claim shall be directly settled with the Service Provider and it shall be limited to the maximum limit quoted by the respective Service Provider.

d.

PYC and its Service Provider shall not be liable for any Shipment loss (including any mis-delivered Shipment) or damaged because of circumstances beyond its control, which is not limited to below mentioned circumstances:

i

An “Act of God”, not limited to earthquake, cyclone, storm or floods.

ii

“Force Majeure”, not limited to war, plane crash or embargo

iii

Any defect or characteristic to do with the nature of the Shipment even if known to PYC or its Service Provider when the Shipment was accepted.

iv

Any action or omission by anyone outside PYC or its Service Provider, and it is not limited to:

The Sender / Shipper / Consignor / Customer of the Shipment

The Consignee / Receiver of the Shipment

An interested third (3rd) party

Customs or government officials

The postal service, another carrier or a third (3rd) party who PYC or the Service Provider contracts to deliver to the destinations that they do not serve directly.

e.

PYC or the Service Provider are not liable even if the Shipper / Customer did not enquire or know about a third (3rd) party delivery agreement.

f.

PYC or the Service Provider are not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings

15. NOTICE

PYC may provide you with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except as otherwise set forth herein, notice to PYC must be sent by courier or registered mail to and PYC Logistics Pvt. Ltd., (PYC) having its registered office at 506, Popatlal Chambers, 4th Clive, Cross Lane, Dana Bunder, Masjid East, Mumbai 400009, Maharashtra, India.

16. WAIVER

The failure of PYC to exercise or enforce any right or provision of the Terms and Conditions herein will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by PYC.

17. ARBITRATION

17.a

As the acceptance Terms of Use constitute a valid and binding agreement, PYC may elect to resolve any dispute, controversy or claim arising out of or relating to this agreement or service provided in connection with this agreement by binding arbitration in accordance with the provisions of the Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim referred to and decided by a Sole Arbitrator appointed and nominated by PYC and you by agreeing to the terms and conditions herein consent to the Arbitration. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The language of Arbitration shall be English.

17.b

Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, necessary to protect the rights or the property of PYC (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

18. GOVERNING LAW AND FORUM FOR DISPUTES

Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against PYC must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.

19. GRIEVANCE POLICY

19.a

PYC strongly believes in a sincere and transparent approach to its Customers. This policy aims at minimizing instances of Customer complaints, grievances and disappointments via channelized approach, review and redressal. You can file a grievance / share feedback if you are disappointed with the services rendered by PYC or any other issues. You can give your grievance / feedback through email or snail mail, for any service related issues at customercare@planyourcargo.com by going on the main page and click on About and then click on Contact to submit your query along with the booking ID.

19.b

You should write your booking ID provided at the time of booking along with your Contact number in all further communication with us regarding a particular issue. This enables us to help to resolve the grievance faster.

20. CLAIM POLICY

20.a

The Customer shall submit a claim for a lost ,delayed, mis-delivered, or damaged Shipment with PYC, and PYC shall assist the Customer without any liability on itself in processing such claims with the Service Provider and the Customer agrees to follow below mentioned steps towards their claim:

i

Submit claim letter in writing addressed to the Service Provider

ii

Any claim shall be received within 18 days from the date of acceptance of such Shipment by the Service Provider.

iii

We will assume that the Shipment was delivered in good condition unless the Receiver has noted any damage on our delivery record when he or she accepted the Shipment.

iv

The Shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non-delivery.

v

The Customer understands and agrees that PYC shall review claims only after all payments of preceeding and current Shipments have been received by PYC any such claim is brought forward.

vi

The process of claim shall be as per the norms of PYC and the Service Provider, and claim refunds will be credited to the Customer only when approvals have been received from the Service Provider and PYC internal payment control team.

21. CANCELLATIONS

In the event a shipment does not proceed AFTER a quote is accepted on PYC by the buyer, but BEFORE any services are performed by the seller, a CANCELLATION is deemed to have occurred. In the event of a CANCELLATION, the member may be contacted and requested to provide information which confirms the basis of the cancellation. This may include written CONFIRMATION of the CANCELLATION signed by both the buyer and the seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. A CANCELLATION will entitle PYC at its discretion, to levy a cancellation fee or Note: A CANCELLATION is not deemed to have occurred if shipment is DELAYED or RESCHEDULED at a time suitable to both the buyer and the seller. Note: Excessive cancellations by a buyer or seller may impact their rating - pending PYC review for on-going access to the user/buyer.

22. DISCLAIMERS

22.a

To the maximum extent permitted by law, we make no representation or warranty (either express, implied or statutory) about: The site; The accuracy, veracity timeliness or content of any information or data contained on the site and any other associated website; Continued access to or use of the site; Availability of the site; Backup or business continuity in respect of the site; The merchantability, fitness, quality or suitability for a particular purpose of the site or data located on the site; Any supply agreements, panel agreements or any guarantee of business with us; or The site or data being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

22.b

We provide the service on an "as is", "with all faults" and "as available" basis, and do not warrant that it will be available for use or at all.

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