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.
This Application is operated by Decker Logistics Pvt. Ltd (a logistics technology company)
These terms and conditions (“User Terms”) apply to Your visit to and use of the Application 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.
YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND VALUESHIPR IN RESPECT OF THE USE AND SERVICES OF THE APPLICATION.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here as below:
- “Account” shall mean the account created by the TRANSPORT ASSOCIATE on the Application for availing the Services provided by ValueShipr
- “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
- “Application” for purposes these User Terms shall mean a dashboard provided to the TRANSPORT ASSOCIATE to keep a tab on his earnings, Drivers and/or Vehicles, and such other information, as may be updated by ValueShipr from time to time.
- “Driver/Pilot” shall mean and include such individuals appointed as an employee and trained by the TRANSPORT ASSOCIATE to provide transportation & Logistics services to the users of the Portal.
- “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of ValueShipr.
- “ValueShipr” or “us” shall mean Decker Logistics Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at :B-116, Durian Estate, Goregaon Mulund Link Road, Goregaon East, Mumbai – 400063, which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
- “Partner / You” means a person who has an account on the Portal and who has entered into a master services agreement or master subscription agreement, as the case may be, with us for providing transportation & Logistics services to the users of the Portal.
- “Portal” means online market place called “VALUESHIPR”, an online Cargo Shipment booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by Valueshipr that lists and aggregates the transport service providers.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by ValueShipr from the Transport & Logistics Partner from time to time for registration on the Application.
- “Service(s)” means the provision of Driver and/or Vehicle and/or earnings related information through the Application, as elaborated in Clause 4(a).
- “Vehicle” shall mean a Transportation (goods)commercial vehicles as defined under the Motor Vehicles Act,section (14) & 2(33) 1988.
You will be “Eligible” to use the Services only if you have entered into a master services agreement or master subscription agreement, as the case may be, with us.
3. Registration and Account
- You understand and acknowledge that You can register on the Application only after complying with the requirements
of this Clause 3 and by entering Your Registration Data.
- You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is
updated from time to time. ValueShipr shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
- You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. ValueShipr shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
- You hereby represent that you are not registered with the National Do Not Call Registry, and expressly consent to receive communications including bid related and promotional content from Us through Your registered phone number and/or e-mail id.
- We reserve the right to suspend Your Account with immediate effect for an indefinite period or terminate Your Account with immediate effect, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or upon termination of the master services agreement or master subscription agreement, as the case may be, executed between You and Us, or for any other reason ValueShipr may find just or equitable.
- Except for the Registration Data or any other data submitted by You during the use of any other service offered through Application (“Permitted Information”), ValueShipr does not want You to, and You should not, send any confidential or proprietary information to ValueShipr on the Application or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to ValueShipr other than the Permitted Information will not be considered confidential or proprietary.
- It is Your responsibility to check and ensure that You download the correct application for Your device. ValueShipr is not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. ValueShipr reserves the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
- ValueShipr allows You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us on Partner care (customer care to address Partner’s grievances) or, raise an issue from the support section in the Application.
- In case you are unable to access Your Account, you may call our Contact centre (customer care) or,
raise an issue from the support section in the Application. We will not be liable for any unauthorized activity made through Your Account , and shall not have any liability in case of Force Majeure Event.
- ValueShipr offers information relating to earnings of the Partner, Vehicles registered on the Valueshipr Portal by the TRANSPORT ASSOCIATE and the Drivers, if any, who are Partner’s employees / agents. Access to the Application shall enable the Partner to manage his business, receive bids, documentation, check his earnings, locate his Vehicles at real time, figure out the performance and earnings of his Vehicles and Drivers, if any, know the bids available and hours left, location of Drivers and manage his fleet of Vehicles. The Application may also provide such additional Services to the TRANSPORT ASSOCIATE viz; insurance services, packing, warehousing, loading etc as determined by ValueShipr from time to time. All Services provided by ValueShipr to You by means of Your use of the Application and all the features available on the Application for Your use are hereinafter referred to as the “Service”. ValueShipr will store the information provided or record your calls for contacting You for all Service related matters. You shall promptly inform ValueShipr on any change in the information provided by You.
- Presently ValueShipr does not charge any fee for browsing and registering on the Application or availing any Service features thereof. However Valueshipr may choose to effect a fee in future after prior intimation whether for the use of the Application on the whole or some limited features therein. Your continuous use of the Application after such notification shall be deemed to be acceptance of the fee by You
- For transactions effected through ValueShipr a nominal facilitation service fee mutually decided and agreed via a separately signed annexure with a clear understanding of payment terms would be effected, it shall be routinely notified to You by email/notification/sms, a message on Your registered phone number or on the Application. Your continuous use of the Application after such notification shall be deemed to be acceptance of the fee by You. You agree to pay such fee depending on the features used by You, as long as You are registered on the Application.
- For case to case transactions, ValueShipr may choose to offer Value Added Services such as Loading, Packing, Warehousing, Insurance services on as is where is payment basis to the consignor to enable and facilitate smooth logistics. TRANSPORT ASSOCIATEs need to co-operate and help facilitate the execution of the same.
5. How to user the Service
- The Service allows You to access information relating to your earnings, your fleet of Vehicles, details and performance of your Drivers, if any, etc. You shall register / sign up on the Application by providing such details as required to be provided in the Application, following which You shall be able to avail the Service provided to You by ValueShipr.
- ValueShipr shall provide a dashboard and support features on the Application for You to avail the Service provided by ValueShipr to You.
- By using the Application or the Service, You further agree that:
- You will only use the Service or download the Application for Your personal use and will not resell or assign it to a third party;
- You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
- You will not use the Service or Application for unlawful purposes;
- You will not try to harm the Service, Application or our network in any way whatsoever;
- You will provide ValueShipr with such information and documents which ValueShipr may reasonably request;
- You will only use an authorized network to avail of the Service;
- You are aware that when requesting Services, whether by message, via Application, calling the call centre of ValueShipr, standard messaging charges, data charges, voice charges, as applicable, of the phone network service providers, will apply;
- You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Application or Service;
- You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
- ValueShipr reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements.
- ValueShipr 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.
6. Relationship Management
- All issues, opinions, suggestions, questions and feedback while availing the Services may be communicated to us through email address or phone mentioned on the Application.
- Any issue reported on channels other than the above may be addressed by ValueShipr only on a best-effort basis. ValueShipr takes no liability for inability to get back on other channels.
7. Force Majeure
ValueShipr shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed due to any Force Majeure event and in such case ValueShipr’s obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
- You agree and undertake to indemnify and to hold harmless ValueShipr, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of
- any breach or alleged breach by You of Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under these User Terms;
- any harm to the reputation and goodwill of ValueShipr;
- any claim of voilation of intellectual property of a third party by Your usage of ValueShipr’s intellectual property in a manner not permitted under these User Terms;
- fraud, negligence and misconduct by You.
- You shall be liable to indemnify and hold ValueShipr harmless against all damages, losses, costs and expenses incurred by ValueShipr as a consequence of any complaint from any third party received by ValueShipr with respect to Your defective usage of the Application.
- In addition to the indemnification rights of ValueShipr under these User Terms, ValueShipr shall also be entitled to such other remedies available under Applicable Laws.
- 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.
- 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.
- 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 or other technical reasons.
- ValueShipr does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
- 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).
- 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.
- 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).
- 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
10. Application License
- Subject to Your compliance with these User Terms, ValueShipr grants You a revocable, limited non-exclusive, non-transferable, non-sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for the Services under these User Terms.
- You shall not:
- sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to
- design or build a competitive product or service
- design or build a product using similar ideas, features, functions or graphics of the Service or Application
- copy any ideas, features, functions or graphics of the Service or Application,
- 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 Application.
- You shall not:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
- ValueShipr will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ValueShipr may involve and cooperate with law enforcement authorities in prosecuting users who violates these User Terms. You acknowledge that ValueShipr has no obligation to monitor Your access to or use of the Application, Service or Content, but has the right to do so for the purpose of operating the Application and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. ValueShipr reserves the right, at any time and without prior notice, to remove or disable access to any content that ValueShipr, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Service or Application.
- Ownership. The Services, the Application and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“VALUESHIPR Intellectual Property”), shall remain (as between You and VALUESHIPR) the property of VALUESHIPR. Neither these User Terms, Your access to Services nor Your use of the Application conveys or grants to You any rights:
- in or related to the Application, except for the limited license granted herein;
- to use or reference in any manner VALUESHIPR’s Intellectual Property.
- If You agree that You shall not reproduce, transcribe or make any copies of the VALUESHIPR Intellectual Property, in any form or manner and not copy or reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of any such VALUESHIPR Intellectual Property.
11. Posted Content
- In the event the Application allows, ValueShipr may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Application (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the same. ValueShipr shall not in any manner be responsible for or endorse the Posted Content.
- You agree that when posting Posted Content, You will not:
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless the Application specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
- 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.
- Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
- Restrict or inhibit any other user from using the Application.
- Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
- Harvest or otherwise collect information about others which You are not supposed to collect without their consent, including e-mail addresses.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
12. Term and Termination
- Unless terminated in accordance with this Clause, these User Terms constitute a legally valid and binding agreement between ValueShipr and You and is perpetual in nature upon downloading the Application.
- You are entitled to terminate the User Terms at all times by permanent deletion of the Application installed on Your smart phone / tablet, thus disabling the use by You of the Application and the Service.
- These User Terms shall be automatically terminated without any notice or action, if the master services agreement or master subscription agreement, as the case may be, entered by You with us is terminated.
- ValueShipr is entitled to terminate the agreement at all times and with immediate effect for convenience without assigning any reason whatsoever. Additionally, ValueShipr is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Application and the Service) if You: (a) Voilate or breach any term of these User Terms, or (b) in the opinion of ValueShipr, misuse the Application or the Service. ValueShipr is not obliged to give notice of the termination of the agreement in advance. After termination ValueShipr will give notice thereof in accordance with these User Terms.
- Termination of this agreement will not prejudice accrued rights of either ValueShipr or You.
- Clauses 8 (Indemnification), 9 (Liability), 10, except 10(a), (Application License), 11 (Contents posted on Application), 12 (Term and Termination), 16 (Notices) and 18 (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
- ValueShipr does not authorize anyone to make a warranty on its behalf and You may not rely on any statement of warranty as a warranty by Us.
- ValueShipr and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained upon the Application (whether arising from ValueShipr or any other person’s negligence or otherwise).
- The Application and all contents on the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Application, that Your access of the Application and availing of Services is at Your sole risk and You assume full responsibility for Your access and use of the Application, and that ValueShipr shall not be liable for any damages of any kind related to Your access and use of the Application.
ValueShipr reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, discontinue or restrict your use to all or any feature of the Service or Application at any time by posting a notice in this regard on the Application or by sending You notice in accordance with Clause 16 below. Your continuous use of the Application after such notification shall be deemed to be acceptance of the revised terms by You.
Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving party at the relevant addresses set forth in these User Terms:
- By electronic mail. For the purposes of this sub-clause the parties’ electronic mail addresses shall be the following, unless otherwise intimated by the parties to each other,
Partner: on Partner’s Email ID registered with ValueShipr.
- By SMS send to mobile number at:
ValueShipr: Not Applicable
Partner: On Partner’s mobile number registered with ValueShipr.
- By hand, against a written acknowledgement of receipt by the receiving party.
- By registered mail.
- In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
You may not assign Your rights under these User Terms without prior written approval of ValueShipr. ValueShipr can assign its rights under the User Terms to any affiliate.
18. Applicable law and dispute Resolution
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 Service or the Application (collectively, “Disputes”) will be subject to the exclusive jurisdiction of courts in Mumbai, India.