VICHARE LOGINEXT PRIVATE LIMITED:
User / Service Seekers Terms
Last updated on 16.07.2022.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.vichare.com and other integrated systems (“VICHARE APP/platform”).
Please read these User / Service Seeker Terms carefully before you use the services. If you do not agree to these User / Service Seeker Terms, you may not use the services on the Platform / App.
You may only access the Platform using the Website, an App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). VICHARE is not liable if you do not have a compatible device or if you have downloaded the wrong version of the App for your device. VICHARE reserves the right to deactivate your account and your ability to use our Platform, if you access the Platform with the wrong version of the App or an incompatible or unauthorized device.
These Terms expressly supersede prior User Terms or arrangements with you.
User / Service Seeker Terms
VICHARE is engaged in business activity of effecting and coordinating courier, logistic, freight services and provide other delivery services subject to service updates and has acquired substantial expertise & experience.
By accessing, VICHARE platform, The Service Seeker has agreed to avail the services of VICHARE for carriage of The Service Seeker’s package including parcels, documents, samples and other materials in VICHARE’s network and VICHARE has agreed to provide services to The Service Seeker on principal to principal basis, more particularly described in Schedule-I hereto ( The Services ) to the User terms and conditions appearing hereinafter;
Delivery: Means tender of package to the customer or intimation about arrival of the package at the destination.
Freight: Means the basic freight only and it excludes the other components like taxes and other levies.
Undeliverable Package: holding the package has exhausted all reasonable means to attempt delivery, and for which no further delivery attempts will be made.
Banned Items: Shall mean all items banned for carriage including those declared as banned by the governmental, regulatory or other authorities.
Document: Shall mean to include any information borne on paper whether handwritten, typed, drawn copies, printed or photocopies but excluding banned items.
Non-Document: Shall mean any item other than the document but does not include banned items.
Package: Shall mean any document or non-document and shall include an envelope, packet, bag, wrapper or container to be shipped as a single unit.
Shipment: Shall mean all packages / documents moving on a single Waybill.
Services: Means those services as set out in the terms of this User Term and any additional services as may be agreed in writing by and between the parties from time to time.
Waybill: Shall mean a non-negotiable document which accompanies the package from origin to destination and is the User Term for the carriage of the package.
Document note: Means a document, issued by a goods transport agency against the receipt of goods for the purpose of transport of goods by road in a goods carriage, which is serially numbered, and contains the name of the consignor and consignee, registration number of the goods carriage in which the goods are transported, details of the goods transported, details of the place of origin and destination, person liable for paying Goods and Services Tax whether consignor, consignee or the goods transport agency.
Business Day: Means any day on which businesses in the country or region of package or in the country or region of destination are open for business. Business days and holidays may vary by country or region of destination. Customers should contact The Service Seeker for delivery commitments which may be affected.
PART A - General Terms Relating To VICHARE Services
- VICHARE Services:
The Services constitute a technology platform/mobile based software application through which the User / Service Seeker can avail pick-up and delivery service for parcels / goods that the User / Service Seeker wishes to deliver from a pre-determined pick-up point (“Pick-up Point”) to a pre-determined drop-off point (“Drop Point”) to the person as identified by the User / Service Seeker. The User / Service Seeker may choose to be the person sending the Parcels/Goods or could identify such other person who will be the sender of the Goods (“User / Service Seeker”) or is the recipient of such Parcels/Goods or could identify such other person who will be the recipient of the Goods (“Recipient”), as the case may be.
- Shall provide the Services set out in Schedule-I hereto in accordance with the Quality and Schedule specifications hereto;
- Shall at all times perform the Services in accordance with all laws, The Service Seeker instruction, and terms and conditions set out in the User Term;
- Shall provide such suitably qualified, experienced and competent Personnel as may reasonably be required for the performance of the Services;
- Shall be responsible for the selection, hiring, assigning and supervising of the Personnel and shall employ sufficient number of Personnel to provide the Services in a prompt and efficient manner. VICHARE agrees that the Personnel shall work under the supervision, control and direction of VICHARE. VICHARE shall be responsible for all negotiations with Personnel relating to salaries and benefits, and shall be responsible for assessments and monitoring of performance and for all disciplinary matters. The employees of VICHARE shall continue to be the employees of VICHARE and shall not become or claim any employment from The Service Seeker by virtue of providing the Services, irrespective of the location of their work;
- Shall at all times use all reasonable efforts to maintain discipline and good order amongst its Personnel;
- Shall regularly provide updates to The Service Seeker with respect to the provision of the Services and shall meet with the personnel designated by The Service Seeker to discuss and review its performance at such intervals as may be agreed between the Parties; and shall be responsible for compliance of all laws, rules, regulations and ordinances applicable in respect of its employees.
PICK-UP AND BOOKING:
- One pick-up daily. The packages will be picked up only from one fixed location at The Service Seeker Premises. The packages should be kept ready by The Service Seeker as per the time fixed for Pick-up. In case of additional pick-up, The Service Seeker will depute representative at VICHARE’s Service Centre with the packages. In case of bulk volume the packages must reach at VICHARE Service Centre by 12.00 noon with soft copy in given format by VICHARE, so that the delivery schedule is assured. Bulk volume of packages given late in the evening the same will be delivered a day after the delivery schedule. If bulk volume of packages are booked for delivery for a particular location at a given time then the delivery of packages for that location could be delayed for which VICHARE would not be responsible. VICHARE agrees to book The Service Seeker’s packages within the agreed daily cut off time as intimated. VICHARE shall not be responsible for not connecting packages that were brought in after the agreed cut off time.
- The Service Seeker must book all Tender Documents in advance so as to reach their destination on time when booking such Documents The Service Seeker should ensure that the Consignee’s full Address, Designation, Specific Department Name & Tender Opening Time are written legibly on the Document.
DELIVERY AND PROOF OF DELIVERY (Domestics):
- Delivery as per given TAT. No service will be provided to The Service Seeker on Sundays and Holidays declared by VICHARE (ref. List of Holidays on www.vichare.com ). VICHARE will make every reasonable effort to deliver the packages according to VICHARE’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. VICHARE is not liable for any damages or loss caused by delays. While VICHARE will endeavor to exercise its best efforts to provide expeditious delivery of the package in accordance with the regular delivery schedules, VICHARE shall not under any circumstances be liable for delay in delivery of the said package, regardless of the cause of such delay. Further, VICHARE shall not be responsible for consequences arising out of delay in delivery of the said package; and no claims whatsoever in that regard shall be entertained by VICHARE at any point of time.
- b.VICHARE will deliver packages only at the address mentioned on it and will not deliver at any P.O. Box address. Packages booked by The Service Seeker are delivered to the Consignee / person who accepts on their behalf, at the given address, is deemed to be delivered to the consignee and the acknowledgment is obtained. Packages are delivered to the Receiver’s address given to VICHARE but not necessarily to the named Receiver personally. Packages to addresses with a central receiving area will be delivered to that area. Once the consignee receives the package and signs on the proof of delivery (POD)/DRS it is assumed that the consignee has received the package intact, after that, any claim will be treated as void.
- VICHARE may avail any type of transportation by air and / or by surface for smooth and quicker delivery entirely at the risk and responsibility of The Service Seeker. VICHARE will not be in a position to HOLD or return packages in transit for any reason, for the explicit purposes of resolving any dispute between The Service Seeker and their customers. Subsequent to booking of a package, if The Service Seeker makes any changes in the address or any other changes, additional charges shall be levied as a result of such a change as decided by VICHARE
- For all Value added Services: Attempts will be made to deliver the packages as per the delivery schedule. Incase the premises is found closed, attempt will be made to deliver the packages on the next working day between the normal business working hours.
- VICHARE provides online tracking to monitor the delivery status of the packages. Only scan copy of DRS can be made available on specific request. However, such request must be made within 15 days of the dispatch of the package, otherwise the same would not be entertained as a rule. Scan copy of Acknowledgment will be stored for a maximum period of 20 days from the date of booking. The DRS scan copy for some interstate destination may not be available. Further, no proof of delivery shall be given by VICHARE in respect of Post Box, Tenders and Government Documents.
- VICHARE reserves its right to refuse delivery of any Package, if proper acknowledgment is not given such as Signature, Company Seal, Date & Time of Delivery.
- Package addressed to Ministry offices are dropped in the box at the gate due to security reasons as per the direction of the concern Govt. Department, Package to Hotels, Hospitals, Government or Private offices which have mail room or central receiving area may be delivered to the mail room or central receiving area.
- For International: VICHARE has made arrangement with world renowned carriers to deliver shipments across the World. The delivery schedule will differ from country to country depending upon the connecting carrier & subject to availability of flight & custom clearance. The Shipper could confirm the same at the time of booking the shipment. The Shipper will be provided online status of the shipment only. No proof of delivery will be given.
HANDLING, PACKAGING AND DOCUMENTATION:
Proper and completed documentation by The Service Seeker is compulsory required along with accurate details of The Service Seeker, receiver’s name, address with Pin Code / Zip code, Telephone Nos, Designation, Specific Department Name, email-id and forms, Waybills, invoices etc. as per the statutory requirements to enable prompt delivery and easy identification.
VICHARE shall not be held responsible for any loss or damage due to improper packaging, for any kind of unintentional damage to the package. For any internal damage to any Package packed in a box. VICHARE will not be held responsible for that for any accidental damage to the messenger / carrier of Package. The Service Seeker will have to forfeit the loss.
VICHARE reserve the right to refuse any Package, which is the sole and unfettered judgment of VICHARE, which may soil, taint or otherwise damage other Document / Packages or which is economically or operationally impractical to transport or which is improperly packed, wrapped or labeled.
The Service Seeker must provide VICHARE with invoices and / or other documentation related to the Package regardless of value at any time as requested by VICHARE, or by Customs or any other Government Authority.
The Service Seeker shall submit all the relevant documents / papers along with the Package including but not limited to documentation for customs clearance, where applicable. Such documents provided by the Service Seeker shall certify that all statements and information relating to carriage under this contract are true and correct. The Service Seeker shall be responsible for the given destination and should there be any discrepancy arising out of lack of information or incorrect / improper documentation furnished or information provided, The Service Seeker same shall be responsible and liable for the same and VICHARE shall not be responsible or liable for the same. Knowledge and compliance of the prevailing laws, rules, regulation and procedures applicable to the carriage of this Waybill is the responsibility of The Service Seeker.
The marking and packing of The Service Seekers Packages or goods in any container which may be supplied to The Service Seeker by VICHARE. VICHARE accepts no responsibility for loss or damage to Packages or goods caused by inadequate, inappropriate or defective packaging it is the sole responsibility of The Service Seeker to address adequate and clearly each Package of Packages or goods to enable effective delivery to be made. VICHARE shall not be liable for delay in forwarding or delivery resulting from The Service Seeker failure to comply with its obligations in this respect.
All Packages shall be charged as per the actual weight or volumetric weight, whichever is higher. For packets weighing very little but occupying abnormal area, additional charge will be leviable as follow : Chargeable weight would be actual or volumetric whichever is higher. Volumetric Weight= ( Length x Breath X Height ) in Cms/ 5000 = weight in Kg. Chargeable weight will be rounded-off to the next higher 100/250/500gms or 1 kg as per rate slab. VICHARE has every right to re-weigh and re-calculate the weight and chargeable weight of the Package. In case of any discrepancy in the figures declared, a weight change notification will be forwarded to The Service Seeker and Package will be charged as per the corrected figure.
RIGHT TO ENTRUST AND ROUTING:
The Service Seeker agrees to all routing, any procedure and diversion, including the possibility that the package may be carried via intermediate stopping places or by any carrier or successive carriers and according to any handling storage methods as VICHARE think fit.
VICHARE is not a common carrier and will only carry Packages or good subject to this condition herein, VICHARE reserves the right to refuse the carriage or transportation of any Packages or goods or class of Packages or goods for any person, firm, company or entity at its absolute discretion.
VICHARE undertakes subject to payment in accordance with rates notified to The Service Seeker from time to time to carry The Service Seekers Packages or goods between destination agreed between VICHARE and The Service Seeker. VICHARE reserves the right to carry The Service Seekers Packages or goods by any route and procedure and by any carrier or successive carriers and according to any handling storage and transportation methods as VICHARE think fit.
Some Packages may be consolidated or forwarded by VICHARE for transportation on third party vehicle, third party air carriers, or on either a charter or an interline basis as VICHARE may determine in its sole discretion. VICHARE assumes no obligation to reroute any Package to a third country or carry the Package by any specified aircraft or other vehicle, or over any particular route or to make connection at any point according to any schedules. VICHARE may, without notice, substitute an alternate carrier, aircraft or vehicle, deviate from the route or routes, or cause the Package to be transported by motor vehicle.
NO SERVICE AREA:
The Packages given for delivery should be as per VICHARE serviceable area. Where the Package booked unknowingly for out of service area i.e. beyond the network of VICHARE in such event the said Package shall be returned to The Service Seeker. VICHARE shall not be responsible for any delay for returning Packages of out of service area. In case the Package booked for out of service area, the maximum liability of VICHARE shall be limited up to return of booking charges / freight amount only.
Any places which are declared as prohibited area, services in those areas will not be provided by VICHARE. Please check regularly the updated list of serviceable Pincode of VICHARE. For serviceable pin code please visit over website www.vichare.com
RETURN TO ORIGIN (RTO) PACKAGE:
Package where VICHARE facility holding the package has exhausted all reasonable means to attempt delivery, and for which no further delivery attempts will be made. Package are returned to origin, which are undelivered for reasons that include, but are not limited to, any of the following:
- The receiver shown on the Waybill refuses to accept the package.
- The receiver shown on the Waybill refuses to accept liability for the charges.
- The receiver has moved from the address shown on the Waybill and cannot be located.
- The address that is shown on the Waybill in incomplete, illegible or incorrect.
- The Consignee refuses to provide documentation required by the destination statutory authorities.
- The Package was addressed to an area not served by VICHARE.
- The Recipient's place of business is closed
- Delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Package on the initial delivery attempt or reattempts,
- The Package is unable to clear customs
- The Package would likely cause damage or delay to other Packages or property, or injury to persons,
- The Package contains prohibited items,
- The Package was improperly packaged or the Package's contents or packaging are damaged to the extent that re-wrapping is not possible or any others reason due to which delivery attempt failed.
If the Consignee do not accept delivery of the Package for any reason whatsoever. VICHARE shall intimate to The Service Seeker and upon request of The Service Seeker, VICHARE return the Package and raise the bills on The Service Seeker towards the transportation and other charges including transport charges in accordance with the terms of the contract and The Service Seeker shall be liable to pay all dues payable to VICHARE whether at the original booking station or elsewhere as notified by VICHARE.
The Packages undelivered on account of the Consignee being absent / person not available or the premises being closed or any other reason, an intimation in the prescribed form will be left there requesting the Consignee to collect the Package, on next consecutive business day VICHARE will make one more attempt for delivery, failing which the Package will be returned to The Service Seeker.
All undelivered Packages with reasons will be returned to The Service Seeker and will be charged accordingly by VICHARE. If the Package is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, VICHARE shall use reasonable efforts to return the Package to The Service Seeker at Shipper's cost, failing which the Package may be released, disposed of or sold by VICHARE without incurring any liability whatsoever to The Service Seeker or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to The Service Seeker.
Packages / Parcels / Goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee, the abandon package maybe sold / destroy / disposed or returned at VICHARE option at any time after the expiration of 7 days from the date a notice in writing is sent to the address which The Service Seeker had given to VICHARE. All charges and expenses arising in connections with the sale of return of the Parcel / Goods shall be paid by The Service Seeker.
Return Charges will be assessed to The Service Seeker together with the original Charges, unless the Package was undeliverable due to the fault of VICHARE. Also included will be any other Charges incurred by VICHARE including but not limited to duties, taxes and storage Charges, if applicable.
The User / Service Seeker acknowledge and agree that the Services are only accessible online via the Website and the Applications.
VICHARE may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the VICHARE Services listed above from time to time. VICHARE does not provide any guarantee to you that the VICHARE Services will be made available to you at all times.
VICHARE does not check or verify the packages that are being picked up and dropped off on behalf of you, and therefore VICHARE shall have no liability with respect to the same. However, if it comes to the knowledge of VICHARE that you have packaged any illegal or dangerous substance or availed the Pick-up and Drop-off Services using the Platform to deliver any illegal or dangerous substance, VICHARE shall have the right to report you to the government authorities and take other appropriate legal actions against you.
You hereby acknowledge that VICHARE shall not be liable for any damages of any kind arising from your use of the VICHARE Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
VICHARE shall be entitled at any time without giving any reason terminates your request for any VICHARE Service and has the absolute right to revise the prices of any Charges/Charges without giving prior notice.
You agree to provide as much information as possible on the Platform with respect to the Services you wish to purchase/avail, using the Platform.
You agree and undertake that you shall abstain from sending high value item(s) whilst using the services through the Platform and if you use the services to send any high value item, it shall be at your own risk only and VICHARE shall not be held responsible for loss or any damage caused to such item(s). It is your sole responsibility to insure the items(s) to cover the risk of loss (Risk Coverage Charges) or damage to your item(s) during transit, VICHARE shall not be responsible for the same.
VICHARE is not an air transport undertaking within the Warsaw convention 1929 and subsequently air carriage treaties and legislation. VICHARE acts as agents for The Service Seeker when consigning Packages and goods with particular airline or carrier for onward carriage without prejudice to its general right and subrogation here under.
3. License of App / Platform:
Your use of VICHARE grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the services in accordance with these terms.
You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the services or the App in any way; (ii) modify or make derivative works based upon the services or App; (iii) create Internet links to the services or frame or mirror any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the services or App, or (3) copy any ideas, features, functions or graphics of the services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
As a part of the registration, you may be required to undertake a verification process to verify your personal information and setting up the account. Each registration is for a single individual User / Service Seeker only.
You agree and accept that as on the date of your registration on the Platform, the information provided by you is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform VICHARE of the same, in writing, at least 7 (seven) days prior to the date on which such change shall take effect. You acknowledge and accept that VICHARE has not independently verified the information provided by you. VICHARE shall in no way be responsible or liable for the accuracy or completeness of any information provided by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or VICHARE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VICHARE reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
b. Electronic Communication:
You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the VICHARE. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the VICHARE is through electronic records and you give consent to receive communication from the VICHARE via electronic records which will be deemed adequate service of notice/electronic record.
You hereby consent to receive communications by SMS, emails or calls from VICHARE or its affiliates or its partners with regard to the services provided by VICHARE. You also give permission to the VICHARE to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the VICHARE or the Website to do so.
c. Technical requirements
User / Service Seeker may only register with VICHARE, if you have the necessary technical requirements at your disposal. Technical requirements are PC/Tablet/Mobile and internet connection. You are responsible for each mobile / tablet / computer you use to access the Application, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. VICHARE will not be liable for your failure to update or use the Application in the appropriate manner. The availability and the proper functioning of these technical requirements are the sole responsibility of the User / Service Seeker.
The User / Service Seeker agrees and acknowledges that VICHARE shall never be held responsible for any problems that may arise during the course of the services delivering due to the internet malfunction/connectivity issues and when the Website/Delivery APP is closed for maintenance/updating with or without prior notice. Website/Delivery APP access is not possible during maintenance periods. User / Service Seekers may be informed about maintenance periods wherever possible.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website/Delivery APP to restore or keep back up of your information and data and not hold the Website/Delivery APP or the VICHARE accountable for any loss of data in any circumstances.
d. How to use
The instructions “How to use” VICHARE Services will be available on the homepage of the website. All User / Service Seekers are to ensure that they read and adhere to these instructions for accessing VICHARE. The User / Service Seeker agrees that VICHARE shall not be held responsible in event of any occurrence due to the non-adherence of these instructions which prevents the User / Service Seeker from using the website / VICHARE Delivery APP as designed or due to any reasons over which VICHARE have no control.
Access to the Platform, Accuracy and Security
We endeavour to make the services available during working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all User / Service Seekers temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended User / Service Seekers. A suspended User / Service Seeker may not register or attempt to register with us or use the Platform in any manner, whatsoever until such time that such User / Service Seeker is reinstated by us.
5. User / Service Seeker Information:
You are solely responsible for and in control of the information you provide to us. Compilation of User / Service Seeker Accounts and User / Service Seeker Account bearing contact number and e-mail addresses are owned by VICHARE. Further, you understand and agree that certain information will be case sensitive and must be handled with a prudent care.
In the case where the Platform is unable to establish unique identity of the User / Service Seeker against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. VICHARE reserves the full discretion to suspend a User / Service Seeker's Account in the above event and does not have the liability to share any Account information whatsoever.
6. Obligations Of The Service Seeker
The Service Seeker Shall comply with all the applicable laws, customs and other Government regulation of any state to, through or over which the Package may be carried including those relating to the packing, carriage, or delay or the goods & shall furnish such information and provide such Packages as may be necessary to comply with such laws & regulations. It is the responsibility of The Service Seeker to provide the necessary documentation including but not limited to invoice. Packing list permits and forms as applicable in accordance with laws of the destination of the goods any consequences including but not limited to penalty seizures shall be the sole responsibility of The Service Seeker.
The Service Seeker shall be responsible to keep the stock/s of VICHARE POD's, supplied to them under safe custody. Any misuse of the POD by The Service Seeker or its employee shall make The Service Seeker liable.
POD.'s (Proof of Delivery) to be stapled by The Service Seeker representative only. If The Service Seeker discontinues VICHARE services, then the balance POD's lying with The Service Seeker will have to be returned to VICHARE, failing which VICHARE will debit to The Service Seeker account for the balance POD's @Rs.0.50 Paise per slip. Advertising on VICHARE POD's should not be objected and no claim / complaints will be entertained.
The Service Seeker shall duly fill up and sign on the specific Waybill under which the Package is carried. The Service Seeker agrees that regardless of the fact whether the said Waybill is signed or not, the carriage of the Waybill shall be subject to all the terms and conditions covered under the User Term as well as the terms and conditions set out on the reverse side of the Waybill
While performing the courier services within India, the packages may require to be cleared for octroi and other entry taxes, as applicable at the respective destination of the Consignee. In this regard, The Service Seeker authorise VICHARE to clear such packages from all octroi zones / entry zones and make payment on its behalf of the octroi duties/ entry taxes, as applicable , if paid, and The Service Seeker agrees to reimburse VICHARE the full amount paid on its behalf of such taxes, duties and other statutory levies with Service Charges.
The Service Seeker undertakes to produce Credentials / Proof for the person who booked / handover the package on their behalf as and when required.
If for any reason or circumstances, any employee of VICHARE is required to attend any court for The Service Seeker or Consignee, Charges of Rs.1000/- ( Rupees One Thousand only ) per day / per person, will have to paid in advance to VICHARE. The intimation of the court attendance shall be given in advance along with the aforesaid charges. If any expenditure is incurred by VICHARE towards the court attendance / proceedings i.e lodging & boarding, traveling, refreshment etc. or any other expenditure related to court matter, over and above the aforesaid charges, the same shall be reimbursed to VICHARE by The Service Seeker.
7. Service Charges & Invoicing, Additional Charges:
- a. Service Charges & Invoicing:
The Service Seeker agrees to pay the rates as per Prepaid Plan purchased. The Service Seeker desire to change to other type of plan, the same should be done at the expiry of said plan.
If the Consignee does not accept delivery of the Package for any reason whatsoever, VICHARE shall raise bills on The Service Seeker towards the transportation and other charges including transport charges in accordance with the terms of the agreement and The Service Seeker shall be liable to pay all dues payable to VICHARE.
- b. Additional Charges:
Certain Additional Charges may be payable by the User / Service Seeker in addition to the Delivery Services Charge/rates.
i. Enhanced Liability / Risk Surcharge
The Packages not covered by insurance are sent entirely at the risk of The Service Seeker. Any Package booked uninsured in such cases, in the event of lost, mis-delivered, mis-placed or untraceable during transit, damages or theft of such Package VICHARE will pay maximum sum of Rs.100 /- ( Rupees One Hundred Only ) or the Invoice value, whichever is lower to the Service Seeker. In the event of any loss VICHARE shall provide COF (Certificate Of Facts) on request. A COF charge of Rs.100 /- (Rupees One Hundred Only). In case of loss of any Package, VICHARE shall file a N. C. or First Information Report ( FIR ) with the nearest Police Station and inform The Service Seeker in respect thereto immediately.
For uninsured Package The Service Seeker may, against the payment of 3% charge of the invoice value OR Rs.100/- (Rupees One Hundred Only) whichever is higher, make a declaration on the Waybill, the value of the package and seek to increase VICHARE’s limit of liability/enhance liability for loss or damage to The Service Seeker / consignors’ package to the amount equivalent to the value of the package as declared by The Service Seeker / Consignor on the facing sheet of the Waybill or Damage Value or maximum up to Rs. 10,000/- (Rupees Ten Thousand Only) whichever is less. VICHARE shall be entitled to require independent proof of the value of the contents of a package for which a claim is made
The Service Seeker is responsible for accurately completing the Waybill or other shipping documents, including completion of the declared value section. VICHARE cannot honor requests to change the declared value information on the Waybill after tender to VICHARE.
When The Service Seeker has not specified the Declared Value for Carriage of each Package on the Waybill but has specified a total declared value for all Packages, the declared value for each Package will be determined by dividing the total declared value by the number of Packages on the Waybill. In no event may the declared value of any Package in a Package exceed the declared value of the Package.
Any declaration of a value in excess of the maximums allowed by VICHARE is null and void. VICHARE’s acceptance (whether inadvertent, intentional or otherwise) for carriage of any Package bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits within these Conditions as to such Package.
If the declared Value for Carriage for a Package exceeds the authorised limits, such value shall automatically be reduced to the authorized limits for such Package. Regardless of the declared Value for Carriage of a Package, VICHARE’s liability for loss, damage, delay, mis-delivery, non-delivery, mis-information, any failure to provide information, or mis-delivery of information, will not exceed the Package’s repair cost, its depreciated value or its replacement cost, whichever is less.
- Compensation will be not applied to circumstances as follows.
- Service failures caused by force majeure.
- Confiscation of prohibited or restricted goods by Government Organisation according to law.
- Delay, damage or loss due to the error of customers or the nature of the contents.
- Compensation claimed after the period of validity has expired and during which enquiries had not been requested.
- Claims, if any, shall be settled within 90 days from the date of receipt of evidence of expenditure and other paper work to include
- a letter of claim
- consignor copy
- declaration / invoice copy
- an undertaking from the client that he has no marine or any other policy.
ii. Fuel Surcharge
VICHARE reserves the right to assess Fuel and other surcharges on Packages without notice. The duration and amount will be determined at VICHARE's sole discretion. The Consignor, by tendering his Package to VICHARE, agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by VICHARE at its entire discretion. Details of current surcharges are available on www.vichare.com
iii. Demurrage charge
The Service Seeker or Consignee shall be liable to pay demurrage charges at Rs.5/- per kg per day towards the storage of goods by VICHARE beyond the period of 30 days or Rs.100/- whichever is higher.
8. Billing Mandate & Payment Terms:
- Billing Mandate :
The Service Seeker shall notify VICHARE, in writing, of any discrepancies with respect to such bill within 5 days from the date of raising such bills. In the absence of such notification, the bill shall be deemed correct and shall be conclusive, without further proof, as against The Service Seeker.
Goods & Services Tax ( GST ) & Other Charges:
Goods & Services Tax will be charged on delivery or other charges/rate, as per rules applicable. GST shall be levied as applicable and The Service Seeker shall have to pay the same, over and above the rates.
- Payment Terms :
You will be required to pay upfront for the Services through integrated payment platforms connected to the Platform. For online payment, User / Service Seeker shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, User / Service Seeker agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. User / Service Seeker shall not use the credit/ debit card which is not lawfully owned by User / Service Seeker, i.e. in any transaction, User / Service Seeker must use his/her own credit/ debit card. The information provided by the User / Service Seeker will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. User / Service Seeker shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. VICHARE shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User / Service Seeker and the onus to 'prove otherwise' shall be exclusively on User / Service Seeker.
You agree that VICHARE may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you on the Platform. If the money gets deducted from the User / Service Seeker account and the payment is not reflected in the application, you are requested to mail us at firstname.lastname@example.org. Your payment will be reflected within 48 hours, if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. VICHARE does not take responsibility on such cases and payment will reflect in your bank account as per Bank's TAT.
The VICHARE neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the VICHARE be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.
PART B - SPECIFIC TERMS FOR VICHARE SERVICES
VICHARE reserves the right to approve or decline a refund request; refund claim will be processed by gathering information about order delivery from service provider. The status of the claim will be shared along with reason for approval/decline with User / Service Seeker via registered email id.
For any disputes or questions, you can place requests on email to email@example.com and our investigation team will see each case in order within 2 working days. Written conclusion in form of response on email will be given on every request within 7 Days.
- Specific Terms
a. Pick-Up and Drop-off Services
You also agree that you shall not request for dispatch of service(s) which requires a special transportation permit or require any special license under applicable law.
You agree that before initiating a Pick-up/Drop-off service on the VICHARE Platform, you are well aware of the contents of the package sent or requested by you, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage. If you are unsure whether the goods you wish to transport are considered Prohibited/Restricted Goods, you should contact VICHARE. Please refer list of prohibited items. Annexure – A. If VICHARE believe on reasonable grounds that the parcels/goods you wish to deliver consists of or contains Restricted Goods, then:
VICHARE are not obliged to deliver the parcels/goods to the intended recipient or return the parcels/goods to you;
You will be liable to pay a Return Charge (Return To Origin Charges) (if applicable) to return the parcels/goods from the recipient to you, (as specified in each Additional Terms);
VICHARE may deal with the Parcels/Goods in accordance with any applicable laws, which may include rendering safe, destroying the Parcels/Goods or delivering the Parcels/Goods to the police, defence or emergency services. If VICHARE does so on reasonable grounds and in accordance with the law, then VICHARE shall not be liable to reimburse you in full or in part for the Parcels/Goods so dealt with. In addition, any costs incurred by VICHARE in relation to rendering safe or destroying the parcels/goods pursuant to this clause shall be recoverable from you.
b. Prohibited Items:
Please adhere strictly to the followings as prohibited or restricted Package will be forfeited, destroyed or provided to government officials. The Service Seeker acknowledge and agree that The Service Seeker alone are liable for any cost involved if The Service Seeker try to send such items and that VICHARE will not compensate The Service Seeker for such seized or confiscated Packages.
It is agreed between the parties to this User Term VICHARE shall not carry the Package as a product if It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO ( International Civil Aviation Organization), OR any government, semi governmental, executive, legislative or judicial entity or authority, department authority, instrumentality, commission, board or statutory corporation of, or any corporation or other entity (including a trust), owned or controlled directly or indirectly by , any of the foregoing or any similar body (including, without limitation, any stock exchange or any self- regulatory organization established under any law or regulation).
VICHARE will not carry the following goods, Packages and material listed herein and such other goods, Packages and materials which VICHARE may notify The Service Seeker of from time to time. Dangerous, hazardous, combustible or explosive materials, prohibited drugs, gold and silver, bullion coin, dust, cynamides, precipitates or any form of uncoined gold, diamonds, Jewellery, Wrist Watches and precious and semi precious stone, including commercial carbons or industrial diamond, currency (Paper or coin) of any nationality, negotiable securities, dividend warrant, demand draft, fixed deposit receipts, all types of cheques, hundies, bearer bility, stocks, bonds, certificates, uncancelled postage, travellers cheques, win lottery ticket, letters, antiques, picture, any other valuable documents, negotiable instruments, live stock or plants and in the event that any customer should consign such items with VICHARE and The Service Seeker shall fully indemnify VICHARE for all claims, damages and expenses arising in connection therewith and VICHARE shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon VICHARE having knowledge that such items infringes these conditions. The right of inspection referred to in clause shall also apply for the purpose of this clause. We accept Package/ Parcels , in good faith that they do not contain anything, which will infringe the Indian Postal Act, 1983 Law. VICHARE will not accept the postal letter or inland letters etc. as it has been strictly prohibited.
Chemicals of Hazardous Nature, Liquid, Fragile / perishable goods, narcotics, Glass Items or other such prohibited goods or contraband items as per Government, Customs & FERA regulations are not accepted for delivery by VICHARE. VICHARE not be held responsible for any Package sent by The Service Seeker which is prohibited by law of carriage and also for any false declaration given by The Service Seeker. If such articles are enclosed without our information, VICHARE will not be liable for the same and no claim shall be entertained for such articles. For a complete list of prohibited items, please visit www.vichare.com
c. Said To Contain Basis:
All the Package shall be booked on “said to contain basis” i.e. VICHARE shall be under no obligation to verify the description and contents of the Package declared by The Service Seeker on the Waybill / Invoice and as such The Service Seeker shall undertake and ensure to make correct and factual declaration on the Waybill. However, VICHARE reserve the right to inspect and /or refuse booking of package not conforming to theses terms and condition, only after duly informing to The Service Seeker regarding the reasons for such inspection and /or refusal and after receiving the confirmation from The Service Seeker. The Service Seeker shall not book, handover any Package consisting of prohibited, restricted or dangerous products and VICHARE shall not be liable for any such Package. The Service Seeker indemnified and would keep indemnified VICHARE, its directors and employees against all claims, losses, charges and expenses incurred by VICHARE due to any banned, restricted or dangerous items entering in to the network of VICHARE due to any omission or commission of The Service Seeker.
The Packages booked by The Service Seeker are delivered to the Consignees without knowing about the contents. Hence, VICHARE shall not be in any way responsible / liable for lost / damage of articles / Package or any dispute between The Service Seeker / Consignee due to the objectionable contents. The Service Seeker will be responsible for any mis-information on the Waybill notes accompanying the Package / packet. The Service Seeker undertakes to indemnify VICHARE in respect of all claims made by the third party in respect of the Package. For International shipments it is mandatory to submit the invoice alongwith the shipments declaring the contents and its value.
d. Inspection Of Packages:
VICHARE reserves the right but not the obligation to inspect any or all packages given by The Service Seeker to ensure that all such Packages or goods are capable of carriage to the countries of destination within the standard operating procedures, customer declaration and handling methods of VICHARE. Provided that in making the reservation VICHARE does not undertake or represents that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from to or through which the item may be carried. If the inspection reveals discrepancies in weight, packing, contents of the Waybill or any item not suitable for package as per VICHARE service directory, the same will be returned to The Service Seeker.
The Packages / Articles sent for delivery by The Service Seeker can be opened without intimation by VICHARE or in transit by Government Authorities for inspection purpose for securities reasons. Further, all the Packages should be booked in open condition and VICHARE shall not book any sealed Packages.
e. Statutory Payments:
In the event of any Package being held up by any statutory authority such as but not limited to Commercial Tax / sales tax, Custom, Check post official, Octroi / entry tax etc. VICHARE shall not be responsible for any kind of consequential loss / freight refund. Further The Service Seeker have agreed to make good the loss to VICHARE, in case of any claims being lodged on VICHARE by Statutory authorities due to insufficient documents or wrongful declaration by The Service Seeker.
The Package contents are other than Packages, than declaration is to be made for Octroi purpose. The Consignor shall be required to fill in a declaration form stating the value of the Package and giving detailed description of the material. In the event, VICHARE is required to pay Octroi, entry tax, Octroi clearance Charges or any levies in respect of the Package booked by The Service Seeker the same shall be paid forthwith by the Consignee or The Service Seeker, failing which, VICHARE shall be within its rights to withhold the delivery of the said Package. VICHARE shall not be liable for any loss arising due to confiscation of Package by any Government or Local Authority. The Service Seeker shall be liable for any Duty, Tax, Impost or Outlays of whatsoever nature levied by any Government or local Authority, for or in connection with the goods.
f. Customs Clearance
Packages which cross national borders may have to be cleared through Customs in the destination country prior to delivery to the Recipient. The Service Seeker is responsible for making sure goods shipped are acceptable for entry into the destination country. All Charges for package to and return from countries where entry is not permitted are The Service Seeker's responsibility.
Additional restrictions may apply depending upon destination and service and service option used and various regulatory and customs clearances may be required for certain commodities, therefore extending the transit time. VICHARE reserves the right to reject Packages based upon these limitations or for reasons of security or safety. VICHARE shall be entitled to charge an administrative Charge for Packages rejected and for the costs of returning goods, where applicable, to the Sender.
It is the Sender’s responsibility to ensure that all necessary documentation in addition to the Waybill is provided and accurately completed in compliance with all applicable laws, rules and regulations, including but not limited to customs laws, import and export laws and government regulations of any country to, from, through or over which the Package may be carried. In the event of any failure to provide and/or complete accurately all such documentation (including the Waybill) VICHARE will assume no liability to The Service Seeker or any other person for any loss, expense or delay due to The Service Seeker’s failure to comply with this provision. When Packages are held by Customs or other agencies due to incorrect or missing documentation, VICHARE may first attempt to notify the Recipient. If local law requires the correct information or documentation to be submitted by the Recipient and the Recipient fails to do so within a reasonable time as VICHARE may determine, the Package may be considered undeliverable. If the Recipient fails to supply the required information or documentation and local law allows The Service Seeker to provide the same, VICHARE may attempt to notify The Service Seeker. If The Service Seeker also fails to provide the information or documentation within a reasonable time as VICHARE may determine, the Package will be considered undeliverable. VICHARE assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not it attempts to notify the Recipient or The Service Seeker. VICHARE shall be entitled to charge an administrative Charge for obtaining such corrective or complete information.
VICHARE reserves the right to assess extra Charges for customs clearance or for services ancillary to the customs clearance of Packages. The Service Seeker should contact VICHARE for more information on the Ancillary Clearance Service Charges.
VICHARE assumes no responsibility for Packages abandoned in Customs, and such Packages may be considered undeliverable.
The custom duty or any tax if levied by the authority for the shipment, the same has to be paid by the consignee or the shipper in transit or at destination.
g. Delivery Issues:
To prevent any delivery issues from arising, you must ensure that all delivery information (such as recipient's address, name and contact details) provided to VICHARE is accurate and complete; and
You must ensure that the Parcels/Goods to be delivered are packaged to withstand handling, transport and storage. The VICHARE may refuse to deliver the Parcels/Goods, if they deem that the Parcels/Goods are packaged in a way that there is a risk of the Parcels/Goods being damaged during the delivery process.
Where you have provided your contact details and/or the recipient's contact details, you authorize VICHARE to disclose your contact details and/or the recipient's contact details to the Our authorized staff for the sole purpose of contacting you and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the Our authorized staff are not able to contact you and the recipient, to prevent the loss of the delivery Parcels/Goods, you authorize the VICHARE to return the delivery Parcels/Goods to you and you will be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the Parcels/Goods.
Where you have provided for an authority to leave the Parcels/Goods at the location nominated by you, VICHARE shall be allowed do so without incurring any liability, except to the extent where VICHARE have acted negligently or wrongfully.
- In the event, during transit of your item(s) from Pick-up location to Drop-off location or while undertaking services, if police or other law enforcement agencies demand for display of the item(s) for verification, the Our authorized staff shall have the right to display the item(s) to such authorities.
- You represent and warrant that:
You alone own the goods or if there are other owners, you at as their agent and they agree to the General Terms and Additional Terms (as applicable);
You have complied with all laws in connection with the Parcels/Goods to ensure that they can be lawfully handled, transported and stored;
- You have not asked us to handle, transport or store the Parcels/Goods in any way that may be unlawful; and
- You give us authority to:
use any method for handling, transporting or storing the Parcels/Goods. VICHARE will give priority to any instructions given by you, but if such instructions cannot be followed you authorize VICHARE to use another method;
h. Tracking: VICHARE shall provide updates on the status of delivery via Application. .
i. Damaged/Lost of Parcels/Goods
Delivery of all delicate items including Cakes, Flowers, Fragile and Perishable items is done only through shared/direct Cab/Auto Rickshaw or private vehicle or through OnDemand SameDay Delivery Service at extra cost, as advised by User / Service Seeker, and extra charges are to be borne by User / Service Seeker. Delivery Service Charges will be applicable over and above extra charges. Please note, we won’t be responsible for any damage caused to the fragile/perishable item, if it is carried by public transport.
In the event of loss or damage to the Parcels/Goods, the Recipient must refuse to sign or accept for the Delivery of Parcels/Goods and explain the reasons to the VICHARE. The User / Service Seeker shall also notify the VICHARE of any loss or damage to the Parcels/Goods separately in writing firstname.lastname@example.org within ONE day of Delivery of Goods.
In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Parcels/Goods, it shall be the User / Service Seeker's responsibility to prove that the damage took place during the Delivery of Goods by our authorized staff, and to establish that the damage was caused during the Delivery of Goods by the our authorized staff.
Any additional information requested to substantiate a claim for loss or damage of Parcels/Goods must be made available within 15 (Fifteen) days of request. If the information requested is not received within this timescale, the VICHARE reserves the right to close the claim. The User / Service Seeker can send an email to submit a damage/loss claim to email@example.com.
To proceed with a claim, the User / Service Seeker will need to have proof that the our authorized staff has taken the Goods from the User / Service Seeker. In addition, in the event of a claim, a copy of the receipt for the Parcels/Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.
The damaged Parcels/Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Parcels/Goods may be necessary.
If a claim is made that the Parcels/Goods have been damaged, all packaging should be kept for inspection by the VICHARE. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. The VICHARE may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
If the User / Service Seeker make a claim relating to damaged Parcels/Goods, the VICHARE may also ask for an estimate of repair costs for the Parcels/Goods supplied by a specialist. If the Parcels/Goods cannot be repaired, then the VICHARE would need this in writing from the specialist.
A claim relating to lost Parcels/Goods can only be processed once the VICHARE has concluded its searches for the Parcels/Goods within a reasonable timescale.
Any amounts payable in relation to lost or damaged Parcels/Goods will only be paid to the User / Service Seeker. Please ensure the exact name or company name is entered at the time of booking.
VICHARE will not be liable (whether in negligence or otherwise) to the User / Service Seeker in respect of any loss or damage of Parcels/Goods unless legal proceedings are commenced against the VICHARE within 15 days from the date of Delivery of Parcels/Goods or the date of a claim decision.
- Eligibility to Use
This Website/VICHARE Delivery platform may only be used or accessed by such persons who can form legal binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the Website / VICHARE Delivery platform. A minor is not allowed to access or register as a User / Service Seeker on the Website / VICHARE Delivery platform. In case of registration by an entity, by accepting the User / Service Seeker User Term you represent that such an entity has sufficient authority under applicable law to enter into the User / Service Seeker User Term to accept this User / Service Seeker User Term.
The VICHARE Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any User / Service Seekers suspended or removed by VICHARE from accessing the Platform for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving using or availing VICHARE services under the applicable laws. In case a User / Service Seeker under the age of Eighteen (18) years accesses the Platforms and/or uses our Services, we assume such use is under parental/legal guardian’s guidance;
VICHARE reserves the right to refuse access to the Platform, at any time to new User / Service Seekers or to terminate or suspend access granted to existing User / Service Seekers at any time without according any reasons for doing so.
You are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
- User / Service Seeker Account, Password, and Security
In order to use the Platform and avail the VICHARE services, you will have to register on the Platform and create an account with a unique User / Service Seeker identity and password ("Account"). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.
You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under your Account. You agree to (i) immediately notify VICHARE of any unauthorized use of your Account information or any other breach of security, and (ii) [ensure that you exit from your Account at the end of each session.] VICHARE cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by VICHARE or any other User / Service Seeker of or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information is secure and confidential. If the User / Service Seeker is suspicious about the activities under the account or breach of account, he/she should immediately reach VICHARE to block the account. Use of another User / Service Seeker’s Account information for using the Platform is expressly prohibited.
- Representations and Warranties
- Poor or Abusive communication.
- Soliciting our authorized staff through messaging /comments for your own business
- Failure to pay for the agreed-upon service.
b. You hereby represent and warrant to VICHARE that:
- All the information provided by you to VICHARE is true and correct;
- You will not deliver through VICHARE any package which contains illegal, prohibited or restricted goods under applicable laws of India, including but not limited to the goods set out in Annexure-A below (“Prohibited items”);
- You will not use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms, or adversely affect the reputation of VICHARE; and
You have not received any notice from any third party or any governmental authority and no litigation is pending against you in any court of law, which prevents you from accessing the Platform and/or availing the VICHARE Services.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by VICHARE. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any VICHARE Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. VICHARE disclaims all liabilities arising in relation to such offensive content on the Platform.
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from User / Service Seeker profiles without notice and may result in termination of the services. Appropriate legal action may be taken by VICHARE for any illegal or unauthorized use of the Application;
You will not broadcast, publish, transmit, upload, post or upload content to the Application which is false, misleading or contains sexually explicit material, references or innuendos;
- You agree that any automated use of the Application is prohibited.
- If you choose to provide charged back on the Website which is visible to other User / Service Seekers, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
- You agree and acknowledge that the use of the VICHARE services offered by VICHARE is at your sole risk and that VICHARE disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, our authorized staff ability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, VICHARE makes no representation or warranty that the VICHARE services will meet your requirements.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'VICHARE', or otherwise engage in any conduct or action that might tarnish the image or reputation, of VICHARE or otherwise tarnish or dilute any VICHARE's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or VICHARE's systems or networks, or any systems or networks connected to VICHARE.
- Further, you undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- do any such thing that may harms minors in any way;
- copy, republish, post, display, translate, transmit, reproduce or distribute any VICHARE Property through any medium without obtaining the necessary authorization from VICHARE;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any VICHARE server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User / Service Seeker, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other User / Service Seekers, OUR AUTHORIZED STAFF in connection with the prohibited conduct and activities set forth herein;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any other User / Service Seeker, OUR AUTHORIZED STAFF or person;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes inconvenient to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- VICHARE will use commercially reasonable endeavours to moderate your conduct and content in your use of the Application and your provision of the Services. If VICHARE reasonably determines that you breach any of the obligations mentioned herein, VICHARE may, depending on the severity of the conduct, do any one or a combination of any of the following:
remove content that is misleading/deceptive or that is in breach of the General Terms and Additional Terms (as applicable);
- provide a warning to you;
- suspend your Account;
- terminate your Account; and/or
- in serious cases or where obliged by the law to do so, report your conduct to the relevant authorities.
- Copy & Intellectual Property Rights
The Application, the services and all of the related products of VICHARE are subject to copyright, trademark and/or other proprietary rights. The material on the Application is protected by copyright under the laws of India. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, software, code, scripts, design elements and interactive features)(the "Content") are owned or controlled for these purposes, and are reserved by VICHARE.
All trademarks, service marks and trade names are owned, registered and/or licensed by VICHARE, who grants to you a non-exclusive, royalty-free, revocable license whilst you are a User / Service Seeker to:
- download the Application to a mobile device via a web browser and/or app store;
- use the Application and Services pursuant to the General Terms and any Additional Terms (as applicable);
- copy and store the Application and the material contained in the Application in your phone's cache memory; and
- iv.print pages from the Application for your own personal and non-commercial use.
VICHARE does not grant you any other rights whatsoever in relation to the Application or the material on the Application. All other rights are expressly reserved by VICHARE. VICHARE retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright,
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, orr
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),to you.
- You may not, without the prior written permission of VICHARE and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the content or third party contact for any purpose. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
- VICHARE may identify you (and the account holder) as a User / Service Seeker of VICHARE and a User / Service Seeker of the services facilitated by VICHARE. VICHARE may publish non-confidential information about you to our authorized staffs or use this information in the public domain for marketing and advertising purposes. You grant VICHARE a licence during the term of these Terms to Use, and publish your business name and logo for the above purposes.
- The Platform and process, and their selection and arrangement, including but not limited to all text, videos, graphics, User / Service Seeker interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by VICHARE ("VICHARE Property") and the design, transactional flow, structure, selection, contents, co-ordination, expression, look and Charge and arrangement of such VICHARE Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use VICHARE Property without the prior written consent of VICHARE.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of VICHARE, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the marks without the prior consent of VICHARE or such third party as may be applicable. As the law enforces, User / Service Seekers are restricted from downloading, reusing, reconfiguring or imitating any of the proprietary material. If VICHARE identifies that any User / Service Seeker engaged in such activities; appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress.
- Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the service, or any of its content related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the services or any of the products of VICHARE;
- the content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- VICHARE will have no liability related to any User / Service Seeker content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. VICHARE also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User / Service Seeker content.
- VICHARE will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge.
- VICHARE shall not be responsible for the delay or inability to use the Platform, VICHARE Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, VICHARE shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond VICHARE's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
- Indemnification and Limitation of Liability
- The liability of VICHARE for any loss or damage to the Package will be strictly regulated by the limitation of liability clause and all other relevant terms and conditions of the Waybill as well as terms and conditions contained in these User Terms.
- In the event of any loss or damage to Packages, which are insured by The Service Seeker, VICHARE may at the request of The Service Seeker, Issue loss / Damage / Shortage Certificate with the sole purpose of enabling The Service Seeker to lodge insurance claim with its Insurance Company. The Service Seeker agrees and acknowledges that the Loss / Damage / Shortage Certificate shall be issued by VICHARE, without admission of any claim, and VICHARE shall be discharged of all liabilities, if any, arising out of the Package on acceptance of the Loss / Shortage Certificate by The Service Seeker.
- VICHARE shall not, in any case, be held responsible for any consequential Loss, such as Loss of Interest, Income, Profit, Market,
- Reputation, Customers, Opportunity & Utility even if VICHARE had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of User Term, contract, negligence, willful act or default. The Service Seeker shall be solely liable for all costs, expenses, penalties, action proceeding (which shall without limitations include Octroi and any other charges leviable by any Central / State / Local Authorities) related to the Package.
- VICHARE shall not be liable under any circumstances for any loss, damage, or expense arising from or in any connection with marks, weights, numbers, brands, contents, quality or description of any goods.
- No liability is assumed for any errors and/or omissions in any information/data that is imparted in respect of the Package traveling under the Waybill.
- The Service Seeker agrees VICHARE shall not liable to The Service Seeker or any other person for any loss or damage caused to the Package / packages or any part thereof or any diminution in the value of the Package or any part thereof. VICHARE exercising its right of lien and the consequent right to sell by public auction, tender, private User Term or otherwise or destruction of the same.
- VICHARE shall not be liable in any manner whatsoever to The Service Seeker or any third party if the Consignee has accepted the Package without any demur by signing on the Proof of Delivery. The responsibility of VICHARE in respect of the Package cease immediately once the Package is duly received at the point of destination by the recipient by affixing his signature on the copy of the Way bill Note and/or the delivery sheet.
- The terms and conditions printed on the reverse of the Waybill under which the Package is carried will be deemed to form part and parcel of this User Term.
- The Business operation of VICHARE is decentralized and operational autonomy has been provided to respective Zones / Service Centre based on Geographical coverage. Operational empowerment & responsibility rests with the respective heads on exclusive basis for performance of all obligations under User Term. The directors of VICHARE (VICHARE LOGINEXT PRIVATE LIMITED. ) are not directly concerned with day to day operation of the decentralized zones / Service Centres and matters connected there with including performance of obligation of VICHARE under this contract, for which exclusive responsibility rests as aforesaid with the respective heads.
- VICHARE holds the right to destroy all records of delivery and other connected documents after 62 days of booking.
- In no event shall the Indemnitees, be liable to you or any third party for any special, incidental, indirect, consequential or intended damages whatsoever, arising out of or in connection with your use of or access to the Platform or VICHARE Property on the Platform.
- Subject to applicable laws, in no event will VICHARE or its employees aggregate liability, arising from or related to the VICHARE services or the use of the Platform shall not exceed INR 100/- (One Hundred) for any and all causes of actions brought by you or on behalf of you.
- The Platform and the VICHARE services are only available to User / Service Seekers located in India. User / Service Seekers shall not access or use the Platform from any other jurisdiction except for India. If a User / Service Seeker access or uses the Platform from any other jurisdiction except for India, the User / Service Seeker shall be liable to comply with all applicable laws and VICHARE shall not be liable for the same, whatsoever.
- All claims must be submitted in writing to VICHARE within seven (7) days from the date that VICHARE accepted your request for delivery of Parcels/Goods, failing which VICHARE shall have no liability whatsoever. Claims are limited to one claim per order of Parcels/Goods, settlement of which will be full and final settlement for all loss or damage in connection therewith. The User / Service Seeker will have the option to receive the amount towards such settlement in their bank account.
- loss of profits;
- loss of sales or business;
- loss of User Terms or contracts
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss;
- losses arising as a result of any information provided by User / Service Seeker, including in relation to the dissemination of such information on the Website and/or Applications;
- losses arising in connection with: (i) the use or unavailability of the services, the site and/or the Applications; and (ii) access to the services, the Website and/or the Applications by an unauthorised User / Service Seeker;
- losses arising in connection with any malfunction of any nature relating to the User / Service Seeker's mobile or any device and his connection to the internet upon accessing the Website, Applications and/or the Services;
- losses arising in connection with mechanical, electronic or electrical derangement of the Parcels/Goods unless caused by external means; or caused by: latent or inherent defect; defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Parcels/Goods or other property: vermin, wear, tear or gradual depreciation; or inherent vice.
- VICHARE's Liability
- The VICHARE may become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Parcels/Goods during the Delivery of Goods, except where the foregoing are due to factors such as, without limitation, fault of the User / Service Seeker or the Recipient, a Force Majeure Event, a defect inherent to the Parcels/Goods or insufficient packaging.
- The VICHARE's total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Parcels/Goods shall be lesser of: i) the original value of the Goods; ii) the amount of their repair or reconstitution, In both cases up to the limit of Rs 100/- ( One Hundred only). The User / Service Seeker and/or Recipient must provide receipts to support any claim.
- The VICHARE shall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.
- No Service Guarantee
VICHARE does not guarantee the availability or uptime of the services. You acknowledge and agree that the VICHARE services may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the VICHARE services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and VICHARE are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.
- VICHARE shall not entertain any claims arising due to delay in delivery of Package for any reason. However, VICHARE, under no circumstances, will be liable for delay in pick-up, transportation or of any Package regardless of the cause of the delay. Delivery is subject to customs clearance, flight delay, off loads, climatically conditions, local holidays or any other circumstances.
- Any claim / grievance brought by The Service Seeker against VICHARE, the same must be notified by The Service Seeker, to any of the Service Centre of VICHARE, in writing within 15 days from the date of booking of the Package, failing which VICHARE, shall have no liability whatsoever. No claim /grievance will be entertained after 15 days of booking. No Claim for loss, damage, or delay will be entertained until all invoices and charges have been paid. The amount of any such claim will not be deducted from any dues owed to VICHARE.
- Receipt of the Package by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Package was delivered in good condition. As a condition for VICHARE considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging available for inspection by VICHARE and retained until the claim is concluded. It must be documented by sending all relevant information about it to VICHARE. VICHARE is not obligated to act on any claim until all Charges have been paid; the claim amount must not be deducted from those Charges.
- VICHARE reserves the right to inspect damaged Packages on the customer’s premises as well as the right to retrieve the damaged Package for inspection at a VICHARE facility.
- All claims regarding the Package will be settled at the booking Service Centre of VICHARE, subject to terms and conditions of carriage of VICHARE. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Package.
- Claims are limited to one claim per Package settlement of which will be full and final settlement for all loss or damage in connection therewith. If The Service Seeker regards there limits as insufficient, it must make its own insurance arrangements, failing which The Service Seeker assumes all risks of loss or damage.
- Lien & Demurrage
- VICHARE shall have a general or particular lien over the Parcel/Goods/Articles, and any documents against the User / Service Seeker or the owner of the Parcel/Good (as applicable). This means that, we will be entitled to retain possession over the Parcel/Goods/Articles until all monies due from the User / Service Seeker to us are paid.
- Where such lien is not satisfied within a reasonable time, we may, in our absolute discretion, without any notice to User / Service Seeker, sell the Parcel/Goods/Articles or any part of it, to recover the Charges payable by User / Service Seeker. We will pay the proceeds to the User / Service Seeker after deducting all proper Charges/Charges and expenses in relation to the Parcel/Good and of all outstanding Charges/Charges in relation to the Services and the expenses incurred by us in relation to the storage, insurance and sale of the Parcel/Good. You acknowledge and agree that, we shall have no further liability or responsibility to you whatsoever in connection with the Parcel/Good.
- The demurrage clause shall apply for a period of one (1) month and if the Package is not accepted by The Service Seeker within this period for any reasons and The Service Seeker fail to make the payments due to The VICHARE, VICHARE shall be entitled to send the Package to its unclaimed goods department to proceed with the sale of the Package to realize all dues by issuing prescribed notices.
- Undelivered or Unclaimed Goods
- When we are unable for any reason to deliver a Parcel/Good to the recipient, or when in accordance with this User Term, a service is deemed to be at an end, We will use reasonable endeavors to give notice to the User / Service Seeker that the Goods/Articles will be sold unless within the time specified in the notice, being a reasonable time in the circumstances, the Goods/Articles is collected from VICHARE. After the expiry of the time specified in the notice, we may sell the Goods/Articles or any part of it.
- Where VICHARE sell the Goods/Articles as above, we will pay the proceeds to the User / Service Seeker after deducting all proper Charges/Charges and expenses in relation to the Goods/Articles and of all outstanding charges in relation to the Services and the expenses incurred by VICHARE in relation to the storage and sale of the Parcel/Good. You acknowledge and agree that VICHARE shall have no further liability or responsibility to you whatsoever in connection with the Parcels/Goods/Articles.
- Security Components
You understand that our Platforms and software embodied within the Platforms may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VICHARE and/or content providers who provide content to VICHARE. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in our Platforms.
- Additional Terms
- In addition, certain areas of the Application (and your access to or use of certain aspects of the Application) may have additional terms and conditions posted or may require you to agree with and accept additional terms and conditions (each, "Additional Terms"). Where the Additional Terms state that the General Terms will be incorporated into the Additional Terms, the General Terms apply to the extent that they are not inconsistent with any of the Additional Terms. The Additional Terms shall prevail over the General Terms in the event of a conflict. The Additional Terms constitutes separate and distinct terms from any other Additional Terms.
- Links to Third Parties
- Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract, if you access the services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to the services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
- Term and Termination
- VICHARE may, at any time, terminate the General Terms and any Additional Terms (as applicable) with you if:
- you have breached any provision of the General Terms and Additional Terms (as applicable) or intend to breach any provision;
- VICHARE is required to do so by law;
- the partner with whom VICHARE offered the services to you has terminated its relationship with VICHARE or ceased to offer the services to you; or VICHARE discontinues its business.
- VICHARE is transitioning to no longer providing the services;
- the provision of the services to you by VICHARE is, in the opinion of VICHARE, no longer commercially viable;
- your Account has been inactive for a period of Twelve Months (12) months.
- You hereby agree and acknowledge, upon termination, VICHARE shall have the right to retain all information pertaining to the transactions initiated by you on the Platform.
- Upon termination of the User Term, all amount shall immediately become due and The Service Seeker shall pay VICHARE all outstanding amounts as soon as possible and in any event within 7 days from the date of termination.
- Governing Law
- All notices given under this User Term shall be in English. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.
- The courts at MUMBAI shall have exclusive jurisdiction.
- Dispute Resolution Management
- If a dispute/complaint arises out of or in connection with the General Terms and any Additional Terms (as applicable) (the "Dispute"), then you agree to comply with the following:
- either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought);
- the party claiming that a dispute has arisen must give written notice to VICHARE within 48 (Forty Eight) hours from the completion of the delivery or if a delivery is not completed, from the expected completion time. In the written notice, you must detail the nature of the dispute, the desired outcome and the action required to settle the dispute ("Notice");
- on receipt of the notice by VICHARE, VICHARE will attempt to provide a resolution within 15 (Fifteen) days of the notice;
- during this 15 ( Fifteen) day period, all relevant parties to the dispute must endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;
in the interest of resolving the dispute expeditiously, you agree that you will promptly respond to any
correspondence and/or requests by VICHARE EXPRESS and in any event no later than 48 (Forty Eight) hours;
- if for any reason whatsoever, 15 (Fifteen) days after the date of the notice, the dispute has not been resolved and the User / Service Seeker is not satisfied with the resolution, the parties agree to resolve the matter amicably vide arbitration under the Indian Arbitration & Conciliation Act, 1996. The venue of the arbitration shall be MUMBAI, India. The language of the arbitration shall be English. The relevant parties to the dispute are equally liable for the Charges and reasonable expenses of arbitration. The parties must each pay their own costs associated with the arbitration; if the dispute does not arise out of or in connection with negligence or wrongful act or omission of VICHARE, VICHARE shall not be liable for the Charges and expenses of a arbitration;
- all communications concerning negotiations made by the parties arising out of and in-connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence;
- if thirty (30) days have elapsed after the start of a arbitration of the dispute and the dispute has not been resolved, either party may ask the arbitrator to terminate the arbitration and the arbitrator must do so; and
- in the event that the dispute is not resolved at the conclusion of the arbitration, either Party may institute legal proceedings concerning the subject matter of the dispute thereafter.
- GRIEVANCE OFFICER- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Mr. Subodh M. Mhamunkar
Address: Shop No.7, Raghuleela Mega Mall, 1st Floor, Behind Poisar Bus Depot, Kandivali (West), Mumbai-400067.
- Report Abuse
- Confidential Information
“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Terms, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are be bound by written obligations of confidentiality at least as protective of the Discloser as this Terms before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Discloser has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Discloser as a legal obligation based on the applicable laws and regulations or order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose and reasonably assist in filing petition of objection etc. prior to making such disclosure. Upon expiration or termination of this Terms and as requested by a Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.
- Communications & Promotions
- You hereby expressly agree to receive communications by way of SMSs and/or e-mails from VICHARE, or other third parties. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the VICHARE Service.
- We may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
- By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the services.
- All notices from VICHARE will be served by email to your registered email address or by general notification on the Platform.
- All notices from User / Service Seeker shall be sent by registered post acknowledgment due or email to the address mentioned below:
VICHARE LOGINEXT PRIVATE LIMITED.
Shop No.007, Raghuleela Mega Mall, 1st Floor, Behind Poisar Bus Depot, Kandivali (West), Mumbai-400067,
Maharashtra, INDIA. Email : firstname.lastname@example.org
- Force Majeure:
- Waiver and Severability:
- If any provision of these Terms is held invalid by any court or tribunal in a final decision from which no appeal is or can be taken, such provision shall be deemed modified to eliminate the invalid element and, as so modified, such provision shall be deemed a part of these Terms. The remaining provisions of these Terms shall not be affected by such modification.
- The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Both the parties agree and acknowledge that while this User Term is in force and for a period of Twenty-Four (24) months thereafter, they shall not directly or indirectly solicit or offer employment to any of the other's officers, employees, third party contractors and associates who have been involved in or associated with this User Term without the other's prior written consent. Both the parties clearly understand and agree that Twenty-Four (24) months period is reasonable after considering training and grooming time as well as investments made on human resources by the parties.
The Parties agree that nothing in this Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.
- No Warranties:
Save as expressly set out herein VICHARE makes no warranties, express or implied.
- Independent service provider:
This Term of use is on a principal to principal basis between the Parties hereto. Nothing contained in this term of use shall be construed or deemed to create any association, partnership or joint venture or employer- employee relationship or principal- agent relationship in any manner whatsoever between the Users & Service Seeker. VICHARE acknowledges that its rendering of Services is solely within its own control, subject to the terms and conditions agreed upon and agrees not to hold itself out be an employee, agent or servant of VICHARE or any subsidiary or affiliate thereof.
- IP Infringement:
If you believe the Platform violates your intellectual property, you must promptly notify VICHARE in writing at email@example.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in your notice:
- the intellectual property that you believe is being infringed;
- the service that you think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that you believe in good faith that the service you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- Your contact details, such as your address, telephone number, and/or email;
- a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.
SCHEDULE - I
SERVICES TO BE PROVIDED BY VICHARE AND QUALITY AND SCHEDULE SPECIFICATIONS
Standard Operating Procedure
VICHARE agrees to employ reasonable care and diligence and best efforts to meet The Service Seeker deadlines, specifications and standards, as applicable. VICHARE shall nominate a competent supervisor having appropriate experience and / or qualification who shall be available at any time and discuss and review the progress status of the provision of the services on a regular basis as and when required.
Listed below are the activities to be performed by VICHARE. The following are the parameters:
- Delivery period – as per given tat
- Max of 2 attempts & Commitment on strike rates
In the course of First and Second delivery attempt if the premises is found closed, The Consignee has an option to collect the Consignment from the delivery Service Center, provided a request is sent by mail / telephone to the Service Center to hold back the Consignment. The recipient can collect the package on producing the photo ID proof of The Consignee and by affixing his signature on the copy of acknowledgment (POD). The Undelivered Consignment will be kept at the Service Center for maximum period of 5 (Five) days from the date of first delivery attempt. All undelivered Packages will be returned to The Service Seeker. If & when the PIN code or part of the PIN code is out of serviceable area, the shipment is RTO with the reason.
ANNEXURE – A