THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name www.cogoport.com ("Site") is owned by Cogo Freight Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Office No. T-2, 3rd floor, Pinnacle Business Park, Mahakali Caves Road, Andheri East, Mumbai – 400093, Maharashtra, India ("Cogoport"). The objective of the Website is to provide a digital ocean logistics services platform offering multiple ocean freight booking options with competitive pricing, real time shipment status, and historical analysis displayed on the Website ("Services"). The Website simply serves as an online marketplace for buyers and sellers of domestic and international freight services to meet, buy and sell services.
BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (INCLUDING THE POLICIES), AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR OUR POLICIES, PLEASE DO NOT USE THE SITE.
UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE. THESE TERMS AND CONDITIONS INCLUDE ALL MODIFICATIONS UP TO AND INCLUDING TODAY'S DATE.
- Agreement: This Agreement describes the terms and conditions that govern your use of the Site. This Agreement and our policies constitute the entire agreement in relation to the Site and your use of the Site. Access to this Site is subject to your acceptance of this Agreement.
- Interpretation: For the purpose of Agreement, wherever the context so requires, the term:
- "Agreement" is a reference to the terms and conditions contained in this agreement and our policies relating to the use of the Site.
- "Buyer" shall mean any Person who is willing to buy Freight Services from the Sellers using the Site.
- "Force Majeure Event" shall mean any event that is beyond the reasonable control of Cogoport and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, virus attacks, breach of security and encryption, and any other similar events not within the control of Cogoport and which Cogoport is not able to overcome.
- "Freight Services" shall mean services provided by Sellers including providing, offering to sell and selling services of moving cargo from one location to another, and/or associated services including freight insurance or customs brokerage services.
- "Information" is a reference to any requests for quotes you list, any information you provide to us or other members of this Site in the registration, bidding or listing process, in public messages (which includes any feedback you may provide regarding members), through any email feature that we provide, and includes descriptions of the services and any content you post within our Site.
- "Person" shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
- "Seller" shall mean any Person, including, inter alia, a freight forwarder, broker, carrier, custom housing agent, transporter, or other professional vendor, who is willing to provide Freight Services to the Buyers using the Site.
- A reference to "we", "our" and "Company" is a reference to Cogoport. The references to "you" and "your" refer collectively to you, and each of your employees, agents, contractors, related bodies corporate or other third parties who access this website on your behalf and acting with your express or implied authority.
- Modifications to this Agreement: We may at any time modify any of the terms and conditions of this Agreement and/or the terms of our policies. Unless we notify you in writing or otherwise, modifications to this Agreement or our policies are effective upon being posted on the Site. You agree to check this Site regularly for modifications and other notices. Your continued use of the Site following a modification of this Agreement or a policy constitutes your acceptance of all modifications posted on this Site. If you do not agree to a modification, you may terminate this Agreement by notifying us in writing and/or discontinue using this Site and the Services. If, after any changes to this Agreement or any of our policies, you continue to use our Site, you will be considered to have accepted the varied terms and conditions as part of the Agreement.
- Eligibility: Use of the Site is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Site. Any person under the age of 18 years shall not register on the Site and shall not transact on or use the Site. Cogoport reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Site if it is brought to Cogoport’s notice or if it is discovered that such Person is not eligible to use the Site.
- Trading: Cogoport does not act as a shipping company, freight forwarder and customs broker. Instead, it provides an online marketplace for buyers and sellers of domestic and international freight services to connect, buy and sell services. In return, Cogoport and Sellers both keep a margin on rates and Cogoport earns revenue through advertisement and/or sellers of international and domestic freight services pay a commission to us for each transaction they enter into through the Site. The Buyers and Sellers acknowledge that Cogoport does not validate or otherwise authenticate, certify, confirm or endorse the members of this Site, nor does it endorse or guarantee the provision of the services of members, or make any guarantees as to payment of the services by a member. All direct communications, both verbal and written, are between the Buyer and Seller. Cogoport has no control over and does not verify the accuracy of any information provided by a member.
- Membership: We offer our services to our members. By agreeing to the terms and conditions of this Agreement, you acknowledge that you are eligible to enter into legally binding contracts of this nature. We reserve the right to change our services and suspend, terminate or restrict your membership at any time, in accordance with the terms of this Agreement or our policies. If we change our services, or suspend or terminate your membership, you may be prevented from accessing our services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with us. Your membership is not transferable. Your account (including feedback and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your account. As a member you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and our services, you must report any unauthorized use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorized use. Any response from Cogoport regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the account at the end of each session. Use of another user’s account information for availing the Services of the Site is expressly prohibited. You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Cogoport has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Agreement, Cogoport shall have the right to indefinitely suspend or terminate or block access of your membership on the Site and refuse to provide you with access to the Site.
- Transaction: We provide the Site as an online venue that allows members to communicate, request quotes, offer, sell and purchase services. We reserve the right, entirely at our discretion, to refuse to provide a member with access to the Site. You acknowledge and agree that we are not involved in the actual transaction between the Buyer and the Seller, unless there is an express agreement to do so. We have no control over the adequacy and/or accuracy of the Services for your use, safety and legality of the cargo to be shipped, and we have no control over the quality, safety or legality of items or content posted by members on to the Site, the truth or accuracy of listings, or the ability of Sellers to provide the Services. We cannot ensure and do not guarantee that a member will actually complete a transaction or act lawfully in using the Site. When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that member. If you do not comply with your obligations, you may become liable to that member. Likewise, if another member breaches an obligation to you, you are responsible for enforcing any rights that you may have against that member. Furthermore, you must ensure that you are aware of the relevant laws applicable to you in purchasing and/or selling the goods and services and providing the cargo to be shipped. Unless we advise otherwise on the Site, we do not offer any insurance or purchaser protection. We may make a record of all of your transactions. We are not liable for any loss of data, technical or otherwise, Information, particulars supplied by you, due the reasons beyond its control like corruption of data or delay or failure to perform as a result of a Force Majeure Event.
- Buyer terms: The following terms shall be additionally applicable to Buyers:
- Where you purchase goods and services through a fixed price format, agree to a quote or provide a counter-bid on the goods and services which is accepted by the Seller, you agree with the Seller to be bound by the terms and conditions of sale included in the listing description and as otherwise agreed to between you and the Seller.
- Subject to any legal right to the contrary you are obliged to complete the transaction with the Seller.
- When requesting a quote, you must describe the requirements for the goods and services you wish to purchase, fully and accurately. Your listing must only include content relevant to the quote.
- The listing must be your own work or work that you are legally entitled to use.
- You must be legally able to transport the items for which you are requesting the quote.
- You hereby confirm that Cogoport neither confirms nor verifies the quotes given by you and/or the Seller.
- You hereby acknowledge that Cogoport will not be a party to the agreement between you and the Seller and will not act as a freight vendor, forwarder, insurer, broker, contracting agent or other representative. The Seller will be solely responsible for performing all obligations under any agreements with you in relation to the order placed.
- You shall be required to make payments to the Cogoport for availing the Freight Services.
- If the shipment is not received within the duration indicated in the order or is not in accordance with the specifications indicated in the order, you must inform Cogoport about the same through the Site. Any dispute relating to the delivery of shipment shall be resolved directly between you and the Seller, and Cogoport shall, under no circumstance, be held liable or responsible for the same.
- Cogoport offers no guarantee or warranty that:
- there would be a satisfactory response or any response at all, once you provide the shipping requirements;
- the Seller has the necessary licenses for providing the Freight Services under all applicable laws;
- the Freight Services provided by the Seller will be provided skilfully and competently in a workmanlike manner.
- You shall be solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any arrangement with a Seller, pursuant to this Agreement. You acknowledge and agree that Cogoport has not carried out any background checks or other verification relating to the Seller, and that Cogoport does not guarantee the quality of Freight Services being provided to you.
- You are solely responsible for co-ordinating and communicating with the Seller for the performance of the order, in accordance with this Agreement.
- Seller terms: The following terms shall be additionally applicable to Sellers:
- You warrant and agree to maintain in full force for the duration of the order(s), all consents, approvals, authorisations, licenses, orders, registrations, clearances and qualifications, (being of a governmental, corporate or other nature) necessary for the performance of the Freight Services by you.
- You shall be required to provide details of your rates to Cogoport, along with such other information as maybe required by Cogoport for the provision of Services to the Buyers.
- You hereby authorize Cogoport to:
- automate price quotes based on the rates they provide;
- advertise and promote your Freight Services on the Site; and
- create a profile page for you to share basic information with Buyers about your organization, services offered and reviews.
- You hereby grant Cogoport a royalty-free, fully paid-up, worldwide, non-exclusive license to such use of your information, names, logos and such use by Cogoport shall not constitute a violation or infringement of your intellectual property.
- You hereby agree that you shall not use Cogoport’s name, logos or any other intellectual property without the prior written approval of Cogoport and where such use is permitted by Cogoport, you shall adhere to the media usage guidelines provided by Cogoport.
- Your acceptance of this Agreement constitutes consent for Cogoport to act as your agent for the limited purpose indicated in this Agreement.
- You shall be solely responsible for ensuring that correct rates are furnished by you on the Site. Once you provide the rates and they are published by Cogoport, such rates shall constitute fully binding offers on your part. If a Buyer places an order based on the specified rates, it shall become a binding contract between you and the Buyer.
- You shall also be required to specify separately cost of additional services such as, inter alia, customs brokerage, insurance, and costs for shipment of hazardous materials, carry to room of choice accessorial, etc., for inclusion or exclusion by the Buyer.
- Once the shipment is delivered, you shall be required to inform Cogoport about the same through the Site.
- You shall be solely responsible for updating the rates provided to Cogoport from time to time. Cogoport cannot and will not be liable for any loss or damage arising from your failure to do so.
- Cogoport offers no guarantee or warranty that:
- there would be a satisfactory response or any response at all, once the rates are provided by Cogoport to the Buyer;
- you will be able to fully or partially collect the amounts due to you from the Buyer; or
- using the Site or Services will result in higher number of customers or increased revenue for you.
- You are solely responsible for undertaking appropriate and effective due diligence and related analysis before entering into any arrangement with a Buyer. You acknowledge and agree that Cogoport has not carried out any background checks or other verification relating to the Buyer.
- You are solely responsible for co-ordinating and communicating with the Buyer for the performance of the order.
- Fraud: Without limiting any remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent or illegal activity using, or otherwise in connection with your use of our Site and you will have no claim whatsoever against us in respect of any suspension or termination of your membership under this clause 9.
- Your listings:
- : You are solely responsible for the Information you provide and by using the Site, you agree that you will keep your Information up to date and information and/or contents posted by you are in accordance with applicable laws. We are a passive conduit for the online distribution and publication of your Information. We are not responsible for the content of the Information you provide. We may remove your information from the Site at our sole discretion. You must not provide Information that is potentially or actually harmful to us, the Site or any third party and/or in contravention of any laws, rules and regulation. In this clause 10 "harm" includes, but is not limited to, pure economic loss that we may or will suffer.
- Cancellations: In the event a shipment does not proceed AFTER a quote is accepted on the Site by the Buyer, but BEFORE any services are performed by the Seller, a cancellation is deemed to have occurred. In the event of a cancellation, the member may be contacted and requested to provide information which confirms the basis of the cancellation. This may include written confirmation of the cancellation signed by both the Buyer and the Seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. A cancellation will entitle Cogoport at its discretion, to cancel a member's membership. Failure to exercise this discretion and cancel a member's membership after a cancellation does not prejudice Cogoport’s right to cancel a member's membership for a subsequent cancellation. Note: A cancellation is not deemed to have occurred if shipment is delayed or rescheduled at a time suitable to both the Buyer and the Seller. Excessive cancellations by a member may impact their Cogoport rating.
- Feedback: We have a member-initiated feedback system to provide evaluations of the members that party has dealt with. Any feedback provided by you, or third parties in relation to your activities on the Site is owned by us. You may use the feedback only for the purposes of conducting your activities on our Site and only while you remain a member of this Site. You must not use your feedback on this Site in any other venue or for any other purpose. You must not do or omit to do anything that will or is likely to undermine the integrity of the feedback system. We can suspend or terminate your membership if we are concerned by any feedback about you. Feedback must not be defamatory and must not be false or misleading. You further represent and warrant that while posting feedback on the Site you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Site that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
- Disputes: We do not warrant that transactions between members will be free of disputes. We are not responsible for resolving disputes between you and other members and we will not resolve or attempt to resolve disputes between you and other members. You agree that if you have a dispute with one or more members of this Site, all disputes must be resolved between you and the relevant member(s). Under this Agreement, you acknowledge that if we are contacted by a member that claims to have a dispute with you regarding the provision of Freight Services, you agree hereby expressly that we can release your contact information to that member and/or any other authorities and person at our sole discretion in order for the dispute between you and the member to be resolved. You hereby irrevocably and unconditionally release us from all claims, demands and damages (actual and consequential) arising out of or connected with the dispute or our release of your contact information. Any dispute you have with us should be reported to us via email at email@example.com to enable us to attempt to resolve the dispute.
- Grievance Redressal: In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Nishant Dalmia
Address: 3rd Floor, T2 Pinnacle Business Park, Mahakali Caves Rd, Shanti Nagar, Andheri East, Mumbai 400047, Maharashtra, India.If you wish to make a complaint regarding any violation of this Agreement, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
- Communications: We will send you communications and notices regarding your transactions and your account on the Site. These communications are not an endorsement, guarantee or a legitimization of your transactions. You are responsible for completing all transactions you participate in, which includes complying with all relevant legal obligations including without limitation your legal obligations in relation to the purchase of the services, and the shipping of any cargo.
- Unauthorized activity: You must not:
- modify, adapt, or otherwise alter the Site;
- interfere, in any way, with the listings of other members of this Site;
- provide false, misleading, deceptive or otherwise inaccurate Information;
- act fraudulently;
- engage in any activities that may result in the price of the goods and services being manipulated;
- copy, reproduce, create derivative works or publicly display any content contained in the Site (with the exception of your Information);
- infringe any third party’s copyright, patent, trade mark, trade secret, confidential information, or any other proprietary or intellectual property rights a third party may have;
- provide or facilitate another person's access to, reproduce, or otherwise make available, the Site or any part of the Site, to another person;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that will result in an unreasonable or disproportionately large load being imposed on our infrastructure;
- directly or indirectly link to or include descriptions of goods or services that;
- are prohibited under this Agreement
- are listed for sale on a website that is not this Site; or
- you do not have a right to link to or otherwise include in your description of goods or services;
- list any item on our Site, or complete any transaction that was initiated using our service, if payment of the listing fee or commission fee is likely to cause us to violate an applicable law, statute or regulation, this Agreement or any of our policies;
- knowingly being involved in the shipping of counterfeit, stolen items and/or restricted and/or forbidden cargo;
- violate any applicable law, statute, regulation or other applicable law or policy (including but not limited to those governing export and import control, consumer protection, unfair competition, and criminal law);
- refers to any website or URL that, in Cogoport's sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of this Agreement;
- use any robot, spider, other automatic device or manual process to monitor or copy the Site, or content contained in the Site;
- remove, disable, defeat, or otherwise circumvent any functionality of the Site (including a requirement to use a user name and password or other authentication method, or other security protection or preventative measures against unauthorized use);
- damage, disrupt, disable or otherwise impair the operation of the Site or interfere with the use of the Site by other persons, including introduce a virus, Trojan horse or other malware into the Site intended to cause damage, breach, malfunction, or other undesired effects to the Site, or carry out a denial of service attack;
- collude with, enter an agreement with or correspond with another member or other person to avoid paying us commission;
- knowingly avoid our commission; and we may terminate your membership should you do, or we suspect you may do, any of the above.
- Confidential information: Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our information (including material obtained through the Site and your user name and password for the Site) that is marked as confidential information or which is by its nature is confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us. Upon our written request, you must return or destroy all copies of confidential information in your custody or control.
- Non-identifiable user data: We shall be entitled to obtain and aggregate technical and other data about your use of the Site and Services that is non-personally identifiable with respect to you, whether as a Buyer or a Seller ("Aggregated Anonymous Data"). We shall further be entitled to use the Aggregated Anonymous Data to improve, support and operate the Services. It is however clarified that you will not be identified as the source of any Aggregated Anonymous Data and no personal information will be collected as a part of Aggregate Anonymous Data
- To provide and operate the Services;
- To provide our members with ongoing customer assistance and technical support;
- To be able to contact our members and users with general or personalized service-related notices and promotional messages;
- To create aggregated statistical data and other aggregated and/or inferred Non-Personal Information, which we or our business partners may use to provide and improve our respective services;
- To comply with any applicable laws and regulations.
We will respond to such requests in reasonable time within the time limits established by the applicable law.
In the event that You opt out, You should neither visit any Website nor use any services provided by Cogoport entities nor shall You contact any of the Cogoport entities. Further, Cogoport may not deliver products to You, upon Your order, or Cogoport may deny You access from using certain services offered on the Website.
- Consent: We clearly explain what you are consenting to ask you to explicitly consent to contact from us.
- Breach Notification: In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
- Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Upon your request, we shall provide a copy of the personal data in an electronic format.
- Right to be Forgotten: Once we have compared your rights to "the public interest in the availability of the data," we may delete your personal data where you have requested this.
- Data Portability: We allow you to receive the personal data concerning you, which we will provide in a "commonly used and machine-readable format" and you have the right to transmit that data to another "controller".
- Privacy by Design: We implement appropriate technical and organizational measures, in an effective way, in order to meet the requirements of GDPR Regulations and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.
- Intellectual property: The Site includes material which may be protected by copyright, trade mark, or other intellectual property laws in India or elsewhere and all rights in relation to such material are owned by or licensed to us unless otherwise stated. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Cogoport through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Cogoport and such others. You thereby agree to protect the proprietary rights of Cogoport during and after the term of this Agreement. You may not selectively download portions of the Site without retaining the copyright notices. You may download material from the Site only for the purpose intended by this Agreement. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.
- Warranty: You warrant to us that:
- for individuals: you are 18 years or older;
- for body corporates: you have the right and authority to bind the body corporate to the terms and conditions of this Agreement;
- all of the information you have provided to us in respect of this agreement is true, accurate and complete and we may rely on this information;
- your membership details are correct and you will update your membership details if they change;
- in respect of a listing you post on the Site, you will not approach a member in order to complete a transaction unless you do so via the Site;
- you will not post defamatory comments on the Site;
- you have made your own investigation and performed sufficient due diligence on the Site to fully inform yourself about the functions and operation of the Site and have not relied on any representations made by us or any other person in relation to the Site;
- you will not infringe or permit or assist any other person to infringe the intellectual property rights owned by us from time to time and use your best efforts to protect and prevent such intellectual property rights from such infringement by unauthorized third parties; and
- you will comply with all of your obligations under all applicable laws.
- Authority: If you accept this Agreement, or obtain access to the Site, on behalf of an employer, client or principal, you warrant that you have the express or implied authority to accept this Agreement on that person's behalf and agree that this Agreement is also binding on that person.
- Access: Notwithstanding your acceptance of this Agreement, we are under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without notice to you.
- Access method: We may require you to use a user name and password or other authentication or security method in order to access and use the Site. You must keep your user name and password secure at all times.
- No agency: Entry into this Agreement does not give rise to an agency, partnership, joint venture, employee-employer or other similar relationship in whatsoever nature. You do not have any other authority to bind us or our related entities or affiliates in any way.
- Liability: You are responsible for all access and use of the Site that occurs through the use of your user name and password. Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you.
- Notice: You must immediately notify us if you become aware of any suspected or actual:
- unauthorized activity
- prohibited disclosure or use of your user name and password, or any confidential information; or
- existence or exploitation of any security vulnerability, weakness, or threat on the Site.
You must take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any person for any such conduct.
- Termination: You may terminate your account with us by providing us with 30-days written notice of your decision to terminate the use of the Site
- To the maximum extent permitted by law, we make no representation or warranty (either express, implied or statutory) about: The site; The accuracy, veracity, timeliness or content of any information or data contained on the site and any other associated website; Continued access to or use of the site; Availability of the site; Backup or business continuity in respect of the site; The merchantability, fitness, quality or suitability for a particular purpose of the site or data located on the site; Any supply agreements, panel agreements or any guarantee of business with us; or The site or data being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
- We provide the service on an "as is", "with all faults" and "as available" basis, and do not warrant that it will be available for use or at all.
- LIMITATION OF LIABILITY:
- To the extent that conditions or warranties implied by law in relation to the provision of a service cannot be excluded, our liability for any loss arising out of a breach of such an implied condition or warranty is limited to the supply of the service again, or the cost thereof, at our discretion. All such implied conditions and warranties are excluded, to the maximum extent permitted by law.
- We are not liable to you in any way for any indirect or consequential loss, loss of revenue or profit, loss of opportunity, pure economic loss or any damage (including loss of data and/or any loss or damage that may reasonably be supposed to have been in the contemplation of the parties as at the date of this agreement as a probable result of any act or omission) arising out of or in connection with this agreement.
- Our total aggregate liability to you (if any) is limited, at our election, to:
- In the case of the provision of a service for a fee - the re-supply of the service or payment of the cost of doing this;
- In all other cases, INR 5000.
- We are not liable to you or a third party for loss suffered by you or a third party caused by an act or omission by us in respect of security of the site, or unauthorized access to a service, however that loss arises.
- You hereby expressly agree that under any circumstances our liability does not exceed more than INR 5000 either under this Agreement or in law.
- You hereby irrevocably indemnify us, our officers, employees and agents against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses arising out of or as a consequence of your breach of these terms and conditions (including if relevant your officers, employees, agents or subcontractors)
- You indemnify us, our officers, employees and agents against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses arising out of or as a consequence of a default or unlawful or negligent act or wilful act or omission on your part (including if relevant your officers, employees, agents or subcontractors).
- Without limiting the preceding paragraph, you indemnify us, our officers, employees and agents from and against any claim, liability, loss, damage, costs (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis), and expenses incurred by virtue of any breaches of a third party's intellectual property rights as a direct or indirect consequence of your use of the site or any software or other intellectual property licensed to you under this agreement.
- This clause survives the termination of this Agreement.
- Jurisdiction: This Agreement is governed by the laws of India. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Mumbai and Courts competent to hear appeals from those Courts.
- Severance: Where any provision (or part) of this Agreement is held to be illegal or unenforceable, it may be severed, and shall in no way affect or prejudice the enforceability of the other terms or conditions of this Agreement.
- Contact Any notices or queries in relation to the Site or this Agreement must be directed to:COGO FREIGHT PVT. LTD.
T-2, 3rd Floor,
Pinnacle Tower, Mahakali Caves Road
Andheri East, Mumbai - 400093