Cargoes Community WEB PORTAL TERMS AND CONDITIONS
AGREEMENT FOR USE OF THE CARGOES COMMUNITY PORTAL
Welcome to community.cargoes.com/in. This site is owned and operated by Mawani India PCS Private Limited, a limited liability partnership organized and existing under the laws of India.
1. User Requirements
1.1. These are the terms and conditions of the web portal of Mawani India PCS Private Limited and its affiliates (collectively referred to here as 'Cargoes Community' or 'we' interchangeably) located at community.cargoes.com/in (the 'Portal'). These terms and conditions in effect from 15 April 2020 (together referred to as the 'Agreement') govern your use of the Portal and your use of any services offered via the Portal and you agree to be bound by them. 'You' and “your' refers to the organisation which you have named as the user on the company (client) registration form relating to the Portal. You confirm that the individual who has completed the registration process for the Portal is fully authorised to bind your organisation to this Agreement. You will make all your users of the Portal aware of this Agreement and will ensure they always comply with its terms.
1.2. Following registration and approval by Cargoes Community, you will be accepted as a user of the Portal, and you will be permitted to use the Portal. This Agreement governs all your use of the Portal and your use of any services offered via the Portal. If you don't agree with these terms, then your only recourse is to not use the Portal.
1.3. Cargoes Community may amend this Agreement at any time, and the amended version will be posted on the Portal and be effective from that date of posting.
2. The relationship between Cargoes Community and you
2.1. Cargoes Community is an independent contractor for all purposes. Cargoes Community does not have control of, or liability for, the products and services that are hosted, displayed, uploaded, published, transmitted, shared or updated and paid for through the Portal. We do not guarantee the completion of any transaction made by way of the Portal.
2.2. Protecting your privacy is very important to Cargoes Community. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as the use and disclosure of your information.
3. Disclaimer
3.1. We agree to provide you with access to the Portal. There may, however, be times when we are unable to provide such access. Access to or use of the Portal or pages linked to it will not necessarily be uninterrupted or error free. We may log off any user for inactivity on the Portal during such period as we may decide.
3.2. Cargoes Community accepts no obligation to monitor the use of the Portal, other than as required by law. Cargoes Community does, however, reserve the right to block your access to the Portal and/or to take such other action as may be necessary to prevent any breach of these terms and conditions or any breach of applicable laws or regulations.
3.3. The Portal includes links to external portals, websites and may include links to co-branded pages. We have included links to these portals, websites and co-branded pages to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these portals, websites and pages or for anything provided by them.
3.4. We may change the format and content of the Portal from time to time. The most up to date version of the Portal will be available when you refresh your browser/or clear the cache of your browser and each time you log on to the Portal.
3.5. We and our affiliates and agents make no representations or warranties about the suitability, reliability, availability, timelines, security or accuracy of the Portal for any purpose. To the fullest extent permitted by law, the Portal is provided 'as is' without warranty or condition of any kind. Your use of the Portal is voluntary, at your own free will and at your sole risk. You are also solely responsible for your decision to use the services of any particular third party provider through the applications We disclaim all warranties or conditions of any kind with regard to the Portal including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
3.6. We disclaim all liability with respect to any third-party products/services that you use. You understand and agree that absent your agreement to this limitation of liability, we would not provide the Portal to you.
4. Password Use, Data Collection and Security
4.1. As part of the sign-up process, you will need to register your employees, who you wish to be able to access the Portal, as “Users” by providing names and identification details. Once Company/Client registration on the portal is approved (as described in clause 1.2), the prospective users for your account can be registered by you and approved by Portal Administrator. Each approved user - 'Permitted User' can select their own user-name and password for accessing the portal.
4.2. Access to those parts of the Portal which are password protected is restricted exclusively to Permitted Users. Your passwords must not be disclosed to, nor used for or on behalf of anyone but the relevant Permitted User, whether in or outside your organisation.
4.3. You must always keep all usernames and passwords confidential (and ensure that Permitted Users do the same) and must not disclose any username or password to any other person other than the relevant Permitted User. You must ensure that usernames and passwords are only used by the relevant Permitted Users and only for authorised access to the Portal in accordance with this Agreement. If anybody else using a username or a password issued to you, breaches this Agreement, or carries out any act in accessing the Portal then this breach or act will be treated as a breach or act by you. Cargoes Community shall not be liable to you or to any third party for any loss or damage arising out of any unauthorised use of any username and/or password issued to you.
4.4. We will change a password and username issued in respect of Permitted Users (including your User Administrator) at your request and we reserve the right to block access to any “Permitted User” if we reasonably believe it is appropriate for the security or proper operation of the Portal.
4.5. You agree that all data and information you provide us will be accurate and that such information and data may be used by us in accordance with our privacy policy.
4.6. Cargoes Community also reserves the right to take such action in relation to and disclose such information as required under law and as it considers appropriate to law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security, and to use the information for statistical reports on Portal usage.
4.7. We may in the future decide to make the use of digital signatures mandatory for all users of the Portal in relation the ordering of services from Cargoes Community and any other activity conducted via the Portal as we may decide. Users will be notified of this move before it is implemented, and if any user does not enter into an agreement with a certification provider (or equivalent third party) nominated by us for the provision of digital signature certification services by a date specified by us (allowing a reasonable time for users to conclude that agreement), that user's access to all or certain parts of the Portal or services available via the Portal may be denied.
5. Intellectual Property Rights
5.1. This is an Agreement for access to and use of the Portal, and you are not granted a license to any software or any other intellectual property under this Agreement.
5.2. All intellectual property and other rights in any information or material accessible at or available from the Portal, including any text, graphics, data and screen lay-outs and software relating to the Portal (the 'Content') belong to Cargoes Community (or the third party which owns the rights to such content). You agree not to use, copy, reproduce, rent, lease, sell, distribute, modify, redistribute, transmit, resell, broadcast, display, perform, publish, license, frame, transfer, or create derivative works based on the Content, or the Portal in whole or in part, by any means, except as expressly authorized in writing by us.
5.3. Cargoes Community is not bound by any agreement with any of its users for ensuring security of their intellectual property appearing on the Portal. The user hereby agrees and undertakes to be solely responsible in the event of any claim/s or dispute/s that may arise in this regard.
6. Your Responsibilities
6.1. You are allowed to browse the Portal and (subject to the provisions in clause 1.2), to order and use services from service providers accessible at and promoted via the Portal in accordance with applicable laws.
6.2. You must not:
a. Download, print, copy or otherwise reproduce any Content except those which relates solely to you (such as invoices, manifests and other documents which relate to you but to no other user of the Portal); or
b. Remove or change anything on the Portal or add anything to it, including without limitation by unauthorized changes through system manipulation or hacking.
6.3. You must only use the Portal and all services provided on the Portal for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Portal to:
a. Harass, stalk, threaten or otherwise violate the rights of others or publish any third-party information or use any third-party intellectual property without proper authorisation;
b. Harm or threaten to cause harm to minors;
c. Impersonate anyone else or otherwise misrepresent your identity or status;
d. Publish any information on the Portal that may be harmful, harassing, blasphemous, defamatory or unlawful in any manner.
e. Publish any information on the Portal that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
f. Publish any information on the Portal that violates any law for the time being in force.
6.4. You must not hack into the Portal or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Portal or any other web Portal or damage or destroy the reputation of Cargoes Community or any third party.
7. Exclusions and Limitations
7.1. The information on this Portal is provided on an 'as is' basis. To the fullest extent permitted by law, Cargoes Community excludes all representations and warranties relating to this Portal and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Portal and/or the organization’s literature.
7.2. In no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential, punitive or special loss, however arising.
7.3. Subject to clauses 7.1, and 7.2 our maximum aggregate liability to you in connection with the Portal and/or this Agreement whether in contract, tort, negligence or otherwise is limited to the amount actually paid by you to us in connection with the provision of the Portal and our provision of services to you through it.
7.4. While Cargoes Community will use reasonable efforts to ensure that all information which on the Portal is correct, Cargoes Community does not accept any liability for any error or omission. The information on the Portal is provided as a general guide only and not for any specific purpose.
7.5. You will indemnify, defend and hold harmless, at your expense, against any third party claim, suit, action, or proceeding brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party arising out of or relating to: (i) the unauthorised use of the Portal; (ii) your non-compliance with or breach of this Agreement; (iii) the unauthorised use of the Portal by any other person using your user information.
8. Suspension and termination of Portal
8.1. Cargoes Community reserves the right to terminate your access to the Portal at any time without prior notice. Access will be withdrawn automatically if a password issued to you has not been used for such period as we may decide.
9. Provision of services
9.1. Any services other than the provision of the Portal itself (which shall be referred to as 'Services') made available to you via the Portal are made available as set out below and are subject to the limitations of liability in clause 8 above.
9.2. Cargoes Community may terminate or suspend the availability of any Services, or other services displayed on the Portal at any time, without notice for support or maintenance work, in order to update content or for any other reason.
9.3. You will provide all information and documents to Cargoes Community relevant to the Services you have ordered, where relevant to those Services, and any other information and/or documents reasonably required by Cargoes Community from time to time. You bear full responsibility for all information (including its accuracy) sent to Cargoes Community in connection with Services you have ordered and you acknowledge that any misuse of the Portal may result in the imposition of legal sanctions on you under applicable laws or regulations.
9.4. Prices for each Premium Service and for the provision of access to the Portal (if any) are as set out and are exclusive of taxes and duty (if applicable) and are in Indian National Rupees. Cargoes Community may change the prices at any time.
9.5. Cargoes Community will use reasonable efforts to correct errors and omissions as soon as is practicable after becoming aware of them. An example of an error may be where the price displayed for certain Services is incorrect. In that circumstance Cargoes Community reserves, the right to either:
a. cancel that contract with you, without any liability to you on our part, or
b. perform the Services in question and charge you the correct price, which ought to have been entered on the portal, after due intimation in this regard.
9.6. The information relating to the Services is displayed on the Portal for your information and to help you decide whether you would like to make a service request to Cargoes Community to obtain any of the Services. Once you go to the 'Order' page of the Portal, clicking 'confirm' to purchase any of the Services constitutes a service request made to Cargoes Community by you. Acceptance by Cargoes Community of your service request will only occur once you receive e-mail notification from Cargoes Community of its acceptance of your order at which point there will be a binding contract between you and Cargoes Community.
9.7. Cargoes Community shall have no obligation in relation to or liability arising out of any products or services supplied or procured by a service provider for which you make payment using the Portal, responsibility for which in all cases and for all reasons shall be that of the service provider. Cargoes Community is a mere 'intermediary' connecting you to the service provider. You shall release and hold harmless Cargoes Community from and against all costs, claims, liabilities, damages (including reasonable legal fees) arising directly and indirectly as a result of (a) your use of the Portal; (b) products or services supplied or procured by a service provider for which you make payment using the Portal.
9.8. Cargoes Community has agreements with each of the service providers from whom you can purchase products or services using the Portal. You are not a party to these agreements. However, under the terms of these agreements, such service providers may have obligations to Cargoes Community which could impact upon the way in which those service providers provide their products or services or otherwise deal with you. You acknowledge that while Cargoes Community takes all reasonable steps to ensure the satisfaction of customers using the Portal it may be necessary for Cargoes Community to exercise its rights under such agreements with service providers in order to protect Cargoes Community's interests.
9.9. If you have signed-up to an account to use the Portal, and a continuous period of eighteen (18) calendar months elapses during which no person authorized by you accesses the Portal using that account, the account for which you signed-up will be rendered dormant and inactive and any unused fees (if applicable) will be deemed forfeited and you will not be entitled to receive a refund of any credits or pre-payments which remain unused. In that circumstance you may apply to Cargoes Community for your account to be re-activated. Cargoes Community will review such a request acting in its sole discretion.
10. Information provided by you
10.1. You agree to ensure that any information provided by you shall be complete and accurate. You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive.
10.2. If Cargoes Community has reasonable grounds to believe that you have not provided it with accurate information, Cargoes Community may choose not to proceed with the processing of your registration/service request and the relevant service charges shall remain outstanding.
10.3. You authorise Cargoes Community, directly or through third parties, to make any enquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide some form of identification number or reference, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your personal information against third party databases or through other sources. If and to the extent Cargoes Community considers it necessary to order a credit report in relation to you having regard to your actual or proposed use of the Portal, you will hereby provide all necessary consents and permissions to enable Cargoes Community to obtain such a credit report.
11. Restricted activities
11.1. In connection with your use of the Portal, you will not:
a. provide false, inaccurate or misleading information;
b. send or receive what Cargoes Community reasonably believes are potentially fraudulent funds;
c. refuse to cooperate in an investigation or provide confirmation of your identity or any personal information you provide to Cargoes Community;
d. take any action that imposes an unreasonably or disproportionately large load on Cargoes Community’s infrastructure;
e. take any action that may cause Cargoes Community to lose any of the services from internet service providers, payment processes, or other suppliers or service providers;
f. control an account that is linked to another account that has engaged in any of these restricted activities; or
g. use fraudulent accounts for payment of fees.
12. Security
12.1. Cargoes Community has its servers located in India as per the applicable laws and is compliant with all security practices required under the provisions of The Information Technology Act, 2000 and all rules made thereunder to ensure the integrity of the Portal's security. Despite Cargoes Community's compliances and reasonable efforts, breaches of security and confidentiality may occur. You acknowledge that Cargoes Community will not be liable for any loss suffered by you as a result of such breaches in security.
13. Defects in Portal
13.1. Cargoes Community shall not in any way be liable for any delays, service disruption or defects in the Portal. You acknowledge that you assume all the risks involved in using the Portal and Cargoes Community shall not be in any way liable for any damage, loss, expense or detriment caused (directly or indirectly) by a defect in the Portal.
13.2. Cargoes Community will always use reasonable efforts to keep the Portal online . You understand that scheduled maintenance and problems out of the control of Cargoes Community may cause the Portal to be temporarily unavailable. You acknowledge that Cargoes Community shall not in any way be liable to you for any damage or loss resulting from any such unavailability.
14. General and governing law
14.1. This Agreement forms the entire understanding of the parties and supersedes all previous agreements, understandings and representations relating to the subject matter.
14.2. If any provision of the Agreement is found to be unenforceable, this shall not affect the validity of any other provision. Cargoes Community may delay enforcing its rights under the Agreement without losing them.
14.3. You may not assign your rights or obligations under this Agreement to any third party without the prior express consent in writing of Cargoes Community.
14.4. This Agreement shall be governed and interpreted in accordance with the laws of the India and you consent to the exclusive jurisdiction of the courts of Mumbai.
15. Log Files
15.1. Cargoes Community uses IP addresses to analyse trends, administer the site, track user's usage pattern, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Cargoes Community on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
16. Cookies
16.1. Like most interactive web sites, the Portal uses cookies to enable Cargoes Community to retrieve user details for each visit. Cookies are used in some areas of the Portal to enable the functionality of this area and ease of use for those visiting the portal. Some of Cargoes Community's affiliate partners may also use cookies.
17. Entire agreement
17.1. Any previous agreement between you and Mawani India PCS Private Limited or any of its subsidiaries or business units is hereby terminated by agreement, without prejudice to any accrued rights and obligations of the parties. You agree that any outstanding payments payable by you under any such agreements shall remain payable, and that the right to receive such payment is hereby assigned with your consent to Cargoes Community.
18. Force majeure
18.1. Should either party be prevented or hindered from performing any of its obligation under the provisions of the Agreement or any part thereof owing to Events of Force Majeure (as defined herein), then the times fixed for the performance of such obligation shall be extended by a period reasonably agreed in writing by the parties taking into consideration the causes of the Events of Force Majeure and the importance of the timely completion of the obligations. The Events of Force Majeure in this clause shall only mean and be limited to break-down of electricity supply or internet outage, fire, flood, declared war, acts of god, any other event outside of the performing party's reasonable control that are not the fault of the party whose performance is excused and any government action which prevents a party from performing any obligations.
18.2. The party who is affected by the Events of Force Majeure shall notify the other party as soon as reasonably practical after becoming aware of any the Events of Force Majeure which prevents or hinders its performance under this Agreement and detail the existence, nature and commencement date of the said event of Force Majeure and shall, where practicable, notify the other party of the estimated extent of the delay likely to be occasioned by the said event.
18.3. The party affected by the Events of Force Majeure shall take such steps as are reasonably available to it to mitigate the effects of the said event and shall notify the other Party of the steps to mitigate the effects that it intends to take or is taking.
18.4. If the affected party is prevented by the Event of Force Majeure from performing its obligations under this Agreement for more than thirty (30) working days or such other period as the parties may agree in writing, then the unaffected party may in its sole discretion immediately terminate the Agreement by giving notice in writing of termination to the other party.
19. Severability & Waiver
19.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, the remaining part of such provision and all other provisions of the Agreement shall continue to remain in full force and effect. Any waiver of any provision of this Agreement must be in writing and signed by Cargoes Community to be effective. Failure, neglect, or delay by Cargoes Community to enforce any provision of this Agreement or any rights or remedies hereunder, at any time, will not be deemed to be a waiver of all such rights under this Agreement.