VICHARE EXPRESS & LOGISTICS PVT. LTD.:
User / Service Seekers Terms
Last updated on 12.11.2021.
This legal document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and
the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the
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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS platform, The Service Seeker has agreed to avail the services of VICHARE EXPRESS for carriage of The Service Seeker’s package including parcels, documents, samples and other materials in VICHARE EXPRESS’s network and VICHARE EXPRESS 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 comp
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.
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 EXPRESS Services
- VICHARE EXPRESS 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 EXPRESS agrees that the Personnel shall work under the supervision, control and direction of VICHARE EXPRESS. VICHARE EXPRESS 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 EXPRESS shall continue to be the employees of VICHARE EXPRESS 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 EXPRESS’s Service Centre with the packages. In case of bulk volume the packages must reach at VICHARE EXPRESS Service Centre by 12.00 noon with soft copy in given format by VICHARE EXPRESS, 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 EXPRESS would not be responsible. VICHARE EXPRESS agrees to book The Service Seeker’s packages within the agreed daily cut off time as intimated. VICHARE EXPRESS 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 EXPRESS (ref. List of Holidays on www.vichare.com ). VICHARE EXPRESS will make every reasonable effort to deliver the packages according to VICHARE EXPRESS’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. VICHARE EXPRESS is not liable for any damages or loss caused by delays. While VICHARE EXPRESS will endeavor to exercise its best efforts to provide expeditious delivery of the package in accordance with the regular delivery schedules, VICHARE EXPRESS shall not under any circumstances be liable for delay in delivery of the said package, regardless of the cause of such delay. Further, VICHARE EXPRESS 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 EXPRESS at any point of time.
- VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS.
- 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 EXPRESS 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 EXPRESS in respect of Post Box, Tenders and Government Documents.
- VICHARE EXPRESS 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 EXPRESS 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
VICHARE EXPRESS 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 EXPRESS 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 EXPRESS reserve the right to refuse any Package, which is the sole and unfettered judgment of VICHARE EXPRESS,
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 EXPRESS with invoices and / or other documentation related to the Package
regardless of value at any time as requested by VICHARE EXPRESS, 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 EXPRESS. VICHARE EXPRESS 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 EXPRESS shall not be
liable for delay in forwarding or delivery resulting from The Service Seeker failure to comply with its obligations in this
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 EXPRESS 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
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 EXPRESS think fit.
VICHARE EXPRESS 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 EXPRESS 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 EXPRESS and The
Service Seeker. VICHARE EXPRESS 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 EXPRESS think fit.
Some Packages may be consolidated or forwarded by VICHARE EXPRESS for transportation on third party vehicle, third
party air carriers, or on either a charter or an interline basis as VICHARE EXPRESS may determine in its sole discretion.
VICHARE EXPRESS 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 EXPRESS 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 EXPRESS serviceable area. Where the Package booked
unknowingly for out of service area i.e. beyond the network of VICHARE EXPRESS in such event the said Package shall be
returned to The Service Seeker. VICHARE EXPRESS 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 EXPRESS 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 EXPRESS. Please
check regularly the updated list of serviceable Pincode of VICHARE EXPRESS. For serviceable pin code please visit over
RETURN TO ORIGIN (RTO)
Package where VICHARE EXPRESS 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 EXPRESS.
- 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 rewrapping 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 EXPRESS shall intimate to The
Service Seeker and upon request of The Service Seeker, VICHARE EXPRESS 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 EXPRESS.
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 EXPRESS 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
EXPRESS. 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS. 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 EXPRESS. Also included will be any other Charges incurred by VICHARE EXPRESS
including but not limited to duties, taxes and storage Charges, if app
The User / Service Seeker acknowledge and agree that the Services are only accessible online via the Website and the
VICHARE EXPRESS may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the
VICHARE EXPRESS Services listed above from time to time. VICHARE EXPRESS does not provide any guarantee to you that
the VICHARE EXPRESS Services will be made available to you at all times.
You shall not initiate any transaction for any service on the Platform which is illegal, immoral, unethical, unlawful, unsafe,
shall not initiate any transaction on the Platform for delivery of any alcoholic beverages, narcotic drug or psychotropic
substance, etc. Further, you hereby acknowledge and agree that VICHARE EXPRESS shall not be liable for any indirect,
direct damage or loss, cost, expense incurred by you in relation to the transactions initiated by you on the Platform.
VICHARE EXPRESS does not check or verify the packages that are being picked up and dropped off on behalf of you, and
therefore VICHARE EXPRESS shall have no liability with respect to the same. However, if it comes to the knowledge of
VICHARE EXPRESS 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 EXPRESS shall have the right to report you to the
government authorities and take other appropriate legal actions against you.
You hereby acknowledge that VICHARE EXPRESS shall not be liable for any damages of any kind arising from your use of
the VICHARE EXPRESS Services, including, but not limited to direct, indirect, incidental, punitive, and consequential
VICHARE EXPRESS shall be entitled at any time without giving any reason terminates your request for any VICHARE
EXPRESS 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 EXPRESS
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 EXPRESS shall
not be responsible for the same.
VICHARE EXPRESS is not an air transport undertaking within the Warsaw convention 1929 and subsequently air carriage
treaties and legislation. VICHARE EXPRESS 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 EXPRESS 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.
You shall be permitted to access the Platform, avail the VICHARE EXPRESS Services upon creating an Account (as defined
below) and obtaining a registration on the Platform. Your ability to continue using the Platform, VICHARE EXPRESS Services
is subject to your continued registration on the Platform. An electronic contract of an undefined duration, relating to the
license to use the Website and Applications, is entered into between the User / Service Seeker and the VICHARE EXPRESS
information including your name, address, contact details, valid contact number and age while registering on the Platform.
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.
VICHARE EXPRESS, acting as Principle, by giving access to the VICHARE EXPRESS’s Site and Applications in order to undertake
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
EXPRESS 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 EXPRESS has not independently verified the information provided by you. VICHARE
EXPRESS 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 EXPRESS has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete, VICHARE EXPRESS 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
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 EXPRESS. 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 EXPRESS is through electronic records and you
give consent to receive communication from the VICHARE EXPRESS 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 EXPRESS or its affiliates or its partners
with regard to the services provided by VICHARE EXPRESS. You also give permission to the VICHARE EXPRESS 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 EXPRESS or the Website to do so.
c. Technical requirements
User / Service Seeker may only register with VICHARE EXPRESS, 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 EXPRESS 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 EXPRESS 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
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 EXPRESS accountable for any loss of data in any circumstances.
d. How to use
The instructions “How to use” VICHARE EXPRESS 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 EXPRESS. The User /
Service Seeker agrees that VICHARE EXPRESS shall not be held responsible in event of any occurrence due to the nonadherence of these instructions which prevents the User / Service Seeker from using the website / VICHARE EXPRESS
Delivery APP as designed or due to any reasons over which VICHARE EXPRESS 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
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
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
EXPRESS. Further, you understand and agree that certain information will be case sensitive and must be handled with a
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 EXPRESS 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
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 EXPRESS 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 EXPRESS services, then the balance POD's lying with The Service Seeker will have to be returned to VICHARE
EXPRESS, failing which VICHARE EXPRESS will debit to The Service Seeker account for the balance POD's Rs.0.50 Paise
per slip. Advertising on VICHARE EXPRESS 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
EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS. The intimation of the court attendance shall be given in advance along with the aforesaid charges. If
any expenditure is incurred by VICHARE EXPRESS 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 EXPRESS by The Service Seeker.
7. Service Charges & Invoicing, Additional Charges:
- 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 EXPRESS 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 EXPRESS.
- 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 EXPRESS 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 EXPRESS 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
EXPRESS 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 EXPRESS’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 EXPRESS 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 EXPRESS cannot honor requests to change the
declared value information on the Waybill after tender to VICHARE EXPRESS.
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 EXPRESS is null and void. VICHARE
EXPRESS’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 EXPRESS’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
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 EXPRESS reserves the right to assess Fuel and other surcharges on Packages without notice. The
duration and amount will be determined at VICHARE EXPRESS's sole discretion. The Consignor, by tendering his
Package to VICHARE EXPRESS, 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 EXPRESS 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 EXPRESS 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 EXPRESS, 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 EXPRESS 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 EXPRESS 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 EXPRESS does not take responsibility on such cases and payment will reflect in your bank
account as per Bank's TAT.
The VICHARE EXPRESS 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 EXPRESS be
liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or
PART B - SPECIFIC TERMS FOR VICHARE EXPRESS SERVICES
VICHARE EXPRESS 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 agree that you shall not request for a Pick-up/Drop-off Service on the VICHARE EXPRESS platform, for service(s)
which are illegal, hazardous, dangerous, or otherwise restricted or constitute services which are prohibited by any
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 EXPRESS 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 EXPRESS. Please refer list of prohibited items. Annexure – A. If VICHARE EXPRESS believe
on reasonable grounds that the parcels/goods you wish to deliver consists of or contains Restricted Goods, then:
VICHARE EXPRESS 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 EXPRESS 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 EXPRESS does so on reasonable grounds and in accordance with the law, then VICHARE
EXPRESS 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 EXPRESS 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 EXPRESS will not compensate The Service
Seeker for such seized or confiscated Packages.
It is agreed between the parties to this User Term VICHARE EXPRESS 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 selfregulatory organization established under any law or regulation).
VICHARE EXPRESS will not carry the following goods, Packages and material listed herein and such other goods,
Packages and materials which VICHARE EXPRESS 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 EXPRESS and The Service Seeker shall fully indemnify VICHARE EXPRESS for all claims, damages
and expenses arising in connection therewith and VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS. VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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
EXPRESS 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 EXPRESS shall not be liable for any
such Package. The Service Seeker indemnified and would keep indemnified VICHARE EXPRESS, its directors and
employees against all claims, losses, charges and expenses incurred by VICHARE EXPRESS due to any banned,
restricted or dangerous items entering in to the network of VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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
d. Inspection Of Packages:
VICHARE EXPRESS 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 EXPRESS. Provided that in making the
reservation VICHARE EXPRESS 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 EXPRESS 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
EXPRESS or in transit by Government Authorities for inspection purpose for securities reasons. Further, all the
Packages should be booked in open condition and VICHARE EXPRESS 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 EXPRESS 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
EXPRESS, in case of any claims being lodged on VICHARE EXPRESS 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 EXPRESS 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
EXPRESS 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 EXPRESS reserves the right to reject Packages based upon these limitations or for reasons of security or
safety. VICHARE EXPRESS 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 EXPRESS 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
EXPRESS 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 EXPRESS
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 EXPRESS
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 EXPRESS may determine, the Package will be considered
undeliverable. VICHARE EXPRESS 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
EXPRESS shall be entitled to charge an administrative Charge for obtaining such corrective or complete
VICHARE EXPRESS 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 EXPRESS for more information on the
Ancillary Clearance Service Charges.
VICHARE EXPRESS assumes no responsibility for Packages abandoned in Customs, and such Packages may be
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 EXPRESS 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 EXPRESS 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 EXPRESS
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 EXPRESS 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
Where you have provided for an authority to leave the Parcels/Goods at the location nominated by you, VICHARE
EXPRESS shall be allowed do so without incurring any liability, except to the extent where VICHARE EXPRESS 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 EXPRESS will give priority to any
instructions given by you, but if such instructions cannot be followed you authorize VICHARE EXPRESS to use
h. Tracking: VICHARE EXPRESS 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 EXPRESS. The User / Service Seeker shall also notify the
VICHARE EXPRESS of any loss or damage to the Parcels/Goods separately in writing firstname.lastname@example.org
within ONE day of Delivery of Goods.
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
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 EXPRESS 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 EXPRESS. 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 EXPRESS
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 EXPRESS 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 EXPRESS would need this in writing from the specialist.
A claim relating to lost Parcels/Goods can only be processed once the VICHARE EXPRESS 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 EXPRESS 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 EXPRESS within 15
days from the date of Delivery of Parcels/Goods or the date of a claim decision.
- Eligibility to Use
This Website/VICHARE EXPRESS 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 EXPRESS Delivery platform. A minor is not allowed to access or register as a User / Service Seeker on the Website
/ VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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
VICHARE EXPRESS 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
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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS to block the account. Use of another
User / Service Seeker’s Account information for using the Platform is expressly prohibited.
- Representations and Warranties
use this Platform and the VICHARE EXPRESS Services. Violations for User / Service Seeker may include:
- 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 EXPRESS that:
- All the information provided by you to VICHARE EXPRESS is true and correct;
You will not deliver through VICHARE EXPRESS 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 EXPRESS; and
any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that
may adversely affect the use of the Platform by VICHARE EXPRESS or OUR AUTHORIZED STAFF(s) or other User /
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 EXPRESS
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is
provided by VICHARE EXPRESS. 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS services offered by VICHARE EXPRESS is at your sole
risk and that VICHARE EXPRESS 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 EXPRESS makes no representation or warranty that the VICHARE EXPRESS
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 EXPRESS', or otherwise engage in any conduct or action that
might tarnish the image or reputation, of VICHARE EXPRESS or otherwise tarnish or dilute any VICHARE EXPRESS'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 EXPRESS's systems or networks, or any systems or networks connected to
All materials/content on our Platform (except any third party content available on the Platform), including, without
limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork,
software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other
intellectual property rights owned and controlled by VICHARE EXPRESS. You acknowledge and agree that the material
is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in
our Platform, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or
any person or entity, without VICHARE EXPRESS’s prior express written permission. You may not add, delete, distort, or
otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security
features, or to utilize our Platform or any part of the material for any purpose other than its intended purposes is
strictly prohibited. Subject to the above restrictions under this Clause, VICHARE EXPRESS hereby grants you a nonexclusive, freely revocable (upon notice from VICHARE EXPRESS), non-transferable access to view the material on the
- 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 EXPRESS Property through
any medium without obtaining the necessary authorization from VICHARE EXPRESS;
- 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
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 EXPRESS 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;
use the Platform or any material or VICHARE EXPRESS Property for any purpose that is unlawful or prohibited by
of the VICHARE EXPRESS or other third parties;
)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 EXPRESS 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 EXPRESS reasonably determines that you
breach any of the obligations mentioned herein, VICHARE EXPRESS 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
- 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 EXPRESS 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 EXPRESS.
All trademarks, service marks and trade names are owned, registered and/or licensed by VICHARE EXPRESS, 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
- print pages from the Application for your own personal and non-commercial use.
VICHARE EXPRESS 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 EXPRESS. VICHARE EXPRESS 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
- 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, or
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 EXPRESS 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 EXPRESS may identify you (and the account holder) as a User / Service Seeker of VICHARE EXPRESS and a User
/ Service Seeker of the services facilitated by VICHARE EXPRESS. VICHARE EXPRESS 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 EXPRESS 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
EXPRESS ("VICHARE EXPRESS Property") and the design, transactional flow, structure, selection, contents, coordination, expression, look and Charge and arrangement of such VICHARE EXPRESS Property is protected by copyright,
patent and trademark laws, and various other intellectual property rights. You are not permitted to use VICHARE
EXPRESS Property without the prior written consent of VICHARE EXPRESS.
The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of VICHARE EXPRESS,
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 EXPRESS 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 EXPRESS 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:
The Platform and VICHARE EXPRESS Property, VICHARE EXPRESS services are provided by VICHARE EXPRESS on an "as is" &
“as available” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied
warranties of title, non-infringement, OUR AUTHORIZED STAFF ability or fitness for a particular purpose. Without limiting
the foregoing, VICHARE EXPRESS makes no warranty that (i) the Platform, VICHARE EXPRESS services will meet your
requirements or your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform
will meet your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information,
whether oral or written, obtained by you from VICHARE EXPRESS shall create any warranty not expressed in the stated
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 EXPRESS;
- 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 EXPRESS will have no liability related to any User / Service Seeker content arising under intellectual property
rights, libel, privacy, publicity, obscenity or other laws. VICHARE EXPRESS also disclaims all liability with respect to the
misuse, loss, modification or unavailability of any User / Service Seeker content.
VICHARE EXPRESS 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 EXPRESS shall not be responsible for the delay or inability to use the Platform, VICHARE EXPRESS 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 EXPRESS 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 EXPRESS'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
You agree to indemnify, defend and hold harmless VICHARE EXPRESS and its affiliates including but not limited to its
officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities,
claims, damages, demands, costs and expenses (including legal Charges and disbursements in connection therewith and
interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be
payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by you
party due to, or arising out of, or in connection with, your use of the Platform, VICHARE EXPRESS Services, any
misrepresentation with respect to the data or information provided by you in relation to the Account, your violation of the
The liability of VICHARE EXPRESS 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 EXPRESS 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 EXPRESS, without admission of any claim, and VICHARE EXPRESS
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 EXPRESS shall not, in any case, be held responsible for any consequential Loss, such as Loss of Interest, Income,
Reputation, Customers, Opportunity & Utility even if VICHARE EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS 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 EXPRESS
& LOGISTICS PVT.LTD ) 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
EXPRESS Property on the Platform.
or VICHARE EXPRESS services.
Subject to applicable laws, in no event will VICHARE EXPRESS or its employees aggregate liability, arising from or related to
the VICHARE EXPRESS 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 EXPRESS 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 EXPRESS shall not be liable for the same, whatsoever.
All claims must be submitted in writing to VICHARE EXPRESS within seven (7) days from the date that VICHARE EXPRESS
accepted your request for delivery of Parcels/Goods, failing which VICHARE EXPRESS 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.
The VICHARE EXPRESS shall not be liable to any User / Service Seeker, whether in contract, tort (including negligence), for
- 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 any use of the Technology and/or the Services by a User / Service Seeker which is in
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 EXPRESS's Liability
The VICHARE EXPRESS 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 EXPRESS'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 EXPRESS 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 EXPRESS does not guarantee the availability or uptime of the services. You acknowledge and agree
that the VICHARE EXPRESS services may be unavailable at any time and for any reason (e.g., due to scheduled
maintenance or network failure). Further, the VICHARE EXPRESS services may be subject to limitations, delays,
and other problems inherent in the use of the internet and electronic communications, and VICHARE EXPRESS
are not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such
VICHARE EXPRESS shall not entertain any claims arising due to delay in delivery of Package for any reason. However,
VICHARE EXPRESS, 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 EXPRESS, the same must be notified by The Service
Seeker, to any of the Service Centre of VICHARE EXPRESS, in writing within 15 days from the date of booking of the
Package, failing which VICHARE EXPRESS, 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 EXPRESS.
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 EXPRESS considering any claim for damage
the Recipient must make the contents, original shipping cartons and packaging available for inspection by VICHARE
EXPRESS and retained until the claim is concluded. It must be documented by sending all relevant information about it to
VICHARE EXPRESS. VICHARE EXPRESS 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 EXPRESS 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 EXPRESS facility.
All claims regarding the Package will be settled at the booking Service Centre of VICHARE EXPRESS, subject to terms and
conditions of carriage of VICHARE EXPRESS. 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 EXPRESS 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 EXPRESS. After the expiry of the time specified in the notice, we may sell the
Goods/Articles or any part of it.
Where VICHARE EXPRESS 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 EXPRESS in relation to the storage and sale of the
Parcel/Good. You acknowledge and agree that VICHARE EXPRESS 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 EXPRESS and/or
content providers who provide content to VICHARE EXPRESS. You may not attempt to override, disable, circumvent or
otherwise interfere with any such security components and usage rules embedded in our Platforms.
cause irreversible harm to the VICHARE EXPRESS, as the case may be, for which monetary damages would be inadequate, and
you consent to the VICHARE EXPRESS obtaining any injunctive or equitable relief that they deem necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies that the VICHARE EXPRESS may have at law or in
entitled to recover from you, and you agree to pay, all reasonable attorneys’ Charges and costs of such action, in addition to any
other relief that may be granted.
- Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain
you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by
such 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
The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners,
or others). VICHARE EXPRESS shall not be responsible for examining or evaluating such third party websites, and VICHARE
EXPRESS does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the
content of such third party websites. VICHARE EXPRESS does not assume any responsibility or liability for the actions,
product, practices and content of any such third party websites. Before you use/access any such third-party websites, you
third party website, you do so at your own risk.
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
close your Account on the Platform by writing to us at firstname.lastname@example.org; and/or (ii) stop accessing the Platform.
VICHARE EXPRESS will make your account dormant upon receipt of request in writing.
- VICHARE EXPRESS 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
- VICHARE EXPRESS is required to do so by law;
the partner with whom VICHARE EXPRESS offered the services to you has terminated its relationship with VICHARE
EXPRESS or ceased to offer the services to you; or VICHARE EXPRESS discontinues its business.
- VICHARE EXPRESS is transitioning to no longer providing the services;
the provision of the services to you by VICHARE EXPRESS is, in the opinion of VICHARE EXPRESS, no longer
- your Account has been inactive for a period of Twelve Months (12) months.
VICHARE EXPRESS may, in its sole discretion, bar your use of the VICHARE EXPRESS services at any time, for any or no
reason. Even after your account with VICHARE EXPRESS is disabled, dormant or made inactive, the terms agreed by you at
the time of registration will remain in effect. This termination shall be effective only once you have cleared all your dues
The VICHARE EXPRESS may delist you or block your future access to the Platform or suspend or terminate your Account, if
it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically
chooses to terminate them.
You hereby agree and acknowledge, upon termination, VICHARE EXPRESS 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
EXPRESS all outstanding amounts as soon as possible and in any event within 7 days from the date of termination.
- Governing Law
or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be
invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute
the entire User Term between us regarding our service, and supersede and replace any prior User Terms, we might have
between us regarding the service.
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 EXPRESS 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 EXPRESS, VICHARE EXPRESS 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 EXPRESS, VICHARE EXPRESS 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: 407/408, Kesar Plaza, RDP-6, Plot No.239, Charkop, Kandivali (West), Mumbai-400067.
- Report Abuse
on the Platform, please report the same to the following e-mail id: email@example.com In case you have any queries
with respect to the Terms or the VICHARE EXPRESS Services, please write to us at firstname.lastname@example.org.
- 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 EXPRESS, 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
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.
VICHARE EXPRESS reserves the unconditional right, at our sole discretion, to modify, delete, replace or amend this
Use was last modified by referring to the "Last Updated" legend above. It shall be your responsibility to check this
such changes and User Term to be legally bound by the same. When the amendment occurs after payment by the
User / Service Seeker of a sum of money corresponding to a delivery of Parcels/Goods, the amendment shall not
apply to the transaction in progress.
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 EXPRESS 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
VICHARE EXPRESS & LOGISTICS PVT. LTD
407/408, Kesar Plaza, Plot No. 239, RDP-6, Charkop, Kandivali (West), Mumbai-400067, Maharashtra, INDIA.
Email : email@example.com
requirement of informing you or seeking your consent.
- Force Majeure:
hereunder, if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable
control of such party committing default, including and limited to acts of the government authorities, acts of God, fire,
flood, drought, earthquake, collapse of buildings, accident or other natural disaster, explosion, riots, war or threat of war,
armed conflict, act of terrorism, national emergency, civil disturbance, imposition of sanctions, embargo, nuclear,
chemical or biological contamination or sonic boom, labour or trade dispute, strikes, lockout, change in law or policies,
court orders, cyber threats and cyber-attacks including those resulting from malware, trojans, ransomware, data breach,
hacking or malicious damage to the Platforms, power failure, sabotage, rebellion, insurrection, epidemic, pandemics,
governmental actions including act of governmental official or police authorities, failure of third parties to provide services
on which the business of VICHARE EXPRESS is dependent or Interruption or failure of utility service, similar outbreak
(“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the
date of the force majeure occurrence to VICHARE EXPRESS. You shall use all reasonable efforts to avoid or remove such
cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are
removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which VICHARE
unenforceable, that provision shall be enforced to the maximum extent permissible, so as to give effect to the intent of
- Waiver and Severability:
not constitute a waiver by VICHARE EXPRESS of that provision or right. Any express waiver or failure to exercise
promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. No
waiver of any breach of these Terms shall waive any other breach, and no waiver shall be effective unless made in
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
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 EXPRESS makes no warranties, express or implied.
published by VICHARE EXPRESS on its Platform, and any other User Terms executed between you and VICHARE EXPRESS
shall constitute the final, complete and exclusive statement of the entire User Term between you and VICHARE EXPRESS
concerning its Platform, VICHARE EXPRESS services and governs your use of the Platform and VICHARE EXPRESS service,
superseding any prior User Terms between you and VICHARE EXPRESS with respect to the Platform and VICHARE EXPRESS
- 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 EXPRESS
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 EXPRESS or any subsidiary or affiliate
- IP Infringement:
If you believe the Platform violates your intellectual property, you must promptly notify VICHARE EXPRESS in writing at
firstname.lastname@example.org. 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
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
- Your physical or electronic signature.
SCHEDULE - I
SERVICES TO BE PROVIDED BY VICHARE AND QUALITY AND SCHEDULE SPECIFICATIONS
Standard Operating Procedure
VICHARE EXPRESS agrees to employ reasonable care and diligence and best efforts to meet The Service Seeker deadlines,
specifications and standards, as applicable. VICHARE EXPRESS 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 EXPRESS. 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