Terms of Use: Cargo Owner

All our patrons are requested to please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and M/s. Decker Logistics Pvt. Ltd, (the “Company”) herein referred to as ‘ValueShipr’ (the “Brand Name”). In order to use the Service (each as defined below) you must agree to the Terms of Use. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable customers seeking shipment services to certain destinations to be matched with third party Transport Associates, or fleet transport providers (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at www.valueshipr.com or through the Mobile Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. You agree that it shall be your responsibility to review the Terms of Use regularly.

The company Decker Logistics Pvt. Ltd is a Logistics technology company that does not provide transport services directly. It provides a Logistics Ecosystem, a neutral venue platform that facilitates linking cargo shipment with Transporters who are third party transportation providers to offer shipment services to you and it is up to you to accept such shipment services. The service of the company is to link you with such transportation providers, but does not nor is it intended to provide shipment services or any act that can be construed in any way as an act of a transport provider. The company is neither responsible nor liable for the acts and/or omissions of any transportation provider and/or any transportation services provided to you. Hence, all communication is the sole responsibility of the members only. ValueShipr is not responsible for any dispute or fall out that may occur between two parties at any point of time.

These terms and conditions (“User Terms”) apply to Your visit to and use of the Application using the internet or through a mobile phone, as well as to all information, recommendations and or services provided to You on or through the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes; for which it is intended to be used;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You shall not contact the Third Party Transportation Provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide us with whatever proof of identity we may reasonably request or require;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice

Copyright & Software

The content of this website is protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of the website. Downloading any data from the website is prohibited. Any software made available to operate this Site and/or to download materials from it (the “Software”) is the copyrighted work of ValueShipr. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and facilitating transactions. You may use this Software only for this purpose. Under no circumstances, you shall redistribute, sell, disassemble or otherwise deal with the Software.

Payments

  • You may choose to pay for the Service by Netbanking, Debit Card, Wallet, Credit Card, Logistics Purchase card and where available, by cheque or cash(limited).
  • In the event that you choose to pay for the Service by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
  • If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Service.
  • You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
  • You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via a Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
  • Once you have accepted the Bid from the Transport Associate, you are required to make payment in full to the third party Transport Associate and your payment will be deducted automatically and is non- refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the Transport Associate directly. ValueShipr however will facilitate the engagement.
  • We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
  • You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
  • You shall be responsible to resolve any disputes pertaining to payments with your Card Company on your own
  • We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
  • As the payment collecting services provided under this contract is being complex and requiring the intervention of a number of parties, it is explicitly acknowledged that ValueShipr shall only be held liable for facts originating in the infrastructure managed by ValueShipr and over which ValueShipr exercises power of control. ValueShipr shall not be held liable for facts originating upstream or downstream. In particular, any loss resulting from upstream or downstream connectivity defect shall not engage the liability of ValueShipr (for example residing in the fault of the Payment Method Providers, or Internet connectivity).

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement

Cancellation Policy

When either party has to cancel AFTER a BID was accepted on ValueShipr but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on ValueShipr will not be performed. When you request a cancellation, the other party will be notified and will have 24 hours to respond by either:

a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) disputing the reason for cancellation and requesting review by ValueShipr staff.

If your Request for Cancellation is accepted by the other party, the match will be cancelled and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the request will be sent to ValueShipr and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 24 hour period, the cancellation and reason will be automatically accepted (Case a). The action post this will be done in mutual consultation with the affected parties.

Limited Liability

You will assume all the responsibilities and risk for the use of this site and the Internet in general. Under no circumstances, shall ValueShipr or its affiliates be liable for any direct, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.

ValueShipr believes the entire content to be accurate, complete, and current, to the best of its knowledge. Under no circumstances, shall ValueShipr make any warranty as to the accuracy, completeness or currency of the content. As such, it remains your sole responsibility to verify any information before relying on it.

However, ValueShipr agrees that the content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein to enhance the quality of the information.

  1. The information, recommendations and/or Services provided to you on or through the Application and by our call centre are for general information purposes only and does not constitute advice. ValueShipr will endeavor and reasonably keep the Application and its contents correct and up to date but does not guarantee that the Application or its content is free of errors, defects, malware and viruses or that the Application is correct, up to date and accurate.
  2. ValueShipr shall not be liable for any damages resulting from the use of or inability to use the channels of booking, bidding, including damages caused by wrong usage of URL, error in call centre number, network issues, malware, data loss, viruses or any incorrectness or incompleteness of the Information or the Application.
  3. ValueShipr shall not be liable for any damages resulting from errors in booking or bidding, loading, error in data specified in Loading receipt, absence of consignor or consignee signature during loading or delivery in Loading Receipt, damages to packing, delays in transit, theft or other technical reasons.
  4. ValueShipr does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
  5. In no event will ValueShipr be liable for any losses arising from or in connection with these User Terms, pursuant to any claim by You against ValueShipr under contract, tort or otherwise, if such losses could have been avoided by You using reasonable efforts to mitigate them. Further, ValueShipr shall also not be liable to You in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in these User Terms, the total cumulative liability of ValueShipr to You or to any person claiming under or through it, shall not exceed INR 1000/- (Rupees One Thousand only).
  6. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages or death or personal injury, the scope and duration of such warranty exclusions and the extent of the liability of ValueShipr shall be the minimum permitted under Applicable Law.
  7. Notwithstanding anything else in this Agreement, both the parties agree to excuse any non-performance caused in whole or in part by an act or omission of a third party, or by any equipment failure, Act of god, Natural disaster, strike, equipment or facility shortage, or other causes beyond control or the control of ValueShipr, or its service provider.
    Neither Parties can promise that any data or information supplied will be error-free. All data and information is provided on an “as is” basis. Both parties agree that neither You, nor ValueShipr or any service provider is liable for any errors, defects, problems, or mistakes in that data or information. This means either parties cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes

Right to make changes

ValueShipr reserves its right to make changes and updates to any information contained within this site without prior notice. Also, it reserves the right to change any of the Terms and Conditions without prior notice. Access to particular services on the site may be subject to additional or different terms and conditions, as specified by ValueShipr from time to time.

Jurisdiction

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively,“Disputes”) will be subject to the exclusive jurisdiction of courts in Mumbai, India

Intellectual Property Ownership

The Company and its licensors, where applicable, shall own lawful license of all the rights to the web site and its content. Our web site content means its design, layout, text, images, graphics, sound, video etc. The web site content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. The company also owns all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the Transportation Providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.

User Eligibility

Any individual or business entity/organization that legally operates in India or in the other countries (individuals or companies) who can form legally binding contracts under the applicable law can avail of ValueShipr services. Therefore, as per Indian Law user(s) must be at least 18 years of age to be eligible to use our services.

Termination

The contents and features on the web site are made available to visitors free of cost. However, ValueShipr reserve the rights to terminate access to certain areas or features of the web site (to registered users) at any time for any reason, with or without notice. We also reserve the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of the website and/or other visitors to the web site. We have the right to limit, deny or create different access to the web site and its features with respect to different users, or to change any of the features or introduce new features without prior notice.

Registered Users

Any individual or company can become a Registered User with our website for “FREE”. We have a simple procedure designed for the convenience of users so that they can easily log-in and log-out.

An individual or a Company can become a registered user by filling an on-line registration form on the web site by giving desired information (name, contact information, details of its business, etc and they would be solely responsible for the User ID thereon..

Third Party Posting Contents

Some of the content displayed on the website is provided or posted by third parties. Users can post their content on some of the sections/services of the web site using the self-help, submit and edit tools provided at the respective section. Users may need to register and/or pay for some of these services Any Third Party content is the sole responsibility of the party who has provided the content. We are not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user in connection with his/her reliance on such Third Party content. In addition, we are not responsible for the conduct of user’s activities on the web site and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user\’s conduct.

Indemnification

ValueShipr provides an on-line platform for exchanging information between two businesses. But, we do not represent any information of the businesses/parties involved. We do not control & are not liable to or responsible for the quality, safety, lawfulness or availability of the cargo.

Users acknowledge that they fully assume the risks that may be caused to cargo when using the web site to deliver it from One place to another. The users must fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind, relating to products or services that are the subject of service using the web site.

Such risks shall include, but are not limited to, misrepresentation of a business, fraudulent schemes, failure to meet deadlines, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.

Users hereby agree that ValueShipr shall not be liable or responsible for any damages, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any delivery risks. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, users agree to release and indemnify ValueShipr (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Users may use the content/features on web site solely for their personal or internal purposes. Users also agree that they will not use ValueShipr database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

Disclaimer

The Logistics Ecosystem “ VALUESHIPR” makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on such website. ValueShipr disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, system integration and freedom from computer virus.

ValueShipr does not represent or warrant that the functions contained in this website will be error-free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available are free from any harmful components including viruses. ValueShipr does not make any representations or warranties that the information on this website is accurate, complete, correct, adequate, useful, timely, reliable or otherwise. You acknowledge, by your use of this webportal, that your use is at your sole risk.