1. Acceptance

    This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, 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.

  2. Communications

    Usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls, autodialed and/or pre-recorded messages, from Shiplyst at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

    You hereby agree and undertake to indemnify Shiplyst against all types of claims, losses and damages incurred by Shiplyst due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.

  3. Use of Shiplyst Websites

    Except as set forth in the section titled "Other agreements; software, services or access" below, Shiplyst authorizes you to use Shiplyst Websites or view and/or download Materials only for your own personal, non-commercial purposes. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. Use of the Shiplyst Websites or Materials for any public purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. You may not modify, reproduce, publicly display, publicly perform, or otherwise distribute the Materials on the Website. As between you and Shiplyst, Shiplyst owns the Shiplyst Websites. The Shiplyst Websites are protected under Indian and international copyright laws. Any unauthorized use of the Shiplyst Websites may violate copyright, trademark, and other national or international laws. You hereby agree and understand that the Company is merely an intermediary between the customer and the vendor and shall not be responsible for the orders placed by the customer or the services provided by the vendor.

  4. Access

    You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Shiplyst Websites and for paying all charges related thereto. For the purpose of providing certain features of the Website, the Company may develop and provide mobile applications. When you register to open an account anywhere on the Shiplyst Websites, or when you contact Shiplyst through the Shiplyst Websites for the purpose of receiving products or services, Shiplyst may collect certain personal information about you. Shiplyst’s use of such information is governed by the provisions of the Privacy Policy for the Website. You agree to provide true, accurate, current, and complete information and documents (including but not limited to balance sheet, profit and loss statement, company incorporation certificate, address proof of the business, copies of income tax report in triplicate, etc.) and, for as long as you continue to use your Shiplyst Websites account, to update such information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your Shiplyst Website’s password and you are solely responsible for all activities that occur under your password. You agree to notify Shiplyst immediately of any unauthorized use of your password or any other breach of security related to the Shiplyst Websites. Shiplyst reserves the right to require you to change your password if Shiplyst believes that your password no longer is secure. You may request Shiplyst to create additional login ids for multiple authorised users and you agree to be responsible for all such authorised users having access to the Shiplyst Websites.

  5. Terms specifically applicable to the Customer :
    1. 5.1

      You agree and understand that the information and the documents submitted by you may be shared with the vendors and other agencies for the purpose of providing services.

    2. 5.2

      You agree to provide all the documents including the Shipping Instructions (“SI”), confirmation on the draft bill of lading and other commercial documents as may be required by the vendor and the company to process any order within a period of forty-eight (48) hours (“Cut-off Time”). You agree that your failure to provide all documents within the Cut-off Time may cause the relevant cargo to be shut out and the order to be re-booked on the next available vessel, without any further intimation to you. You agree to be liable to bear all charges and penalties as may be levied by the vendor for such rescheduled orders.

    3. 5.3

      You agree and understand that a profile page for you shall be created by Shiplyst on the Website and that you shall grant Shiplyst a non-exclusive license to use your logo, trade name/business name and other such other trademark details for marketing on the Website or any other mode such as email, advertisement etc. Any feedback submitted by the vendor for you shall be displayed on your profile page.

    4. 5.4

      Upon submitting a quotation request, Shiplyst Websites may display one or multiple quotation from the vendors registered on the Shiplyst Websites along with the profile and rating of the vendors. The name of the vendor will be displayed to you once the order placed by you is accepted by the vendor.

    5. 5.5

      Shiplyst offers no guarantee or warranty that :

      1. 5.5.1

        There would be a satisfactory response or any response at all, once the shipping requirements are provided by the customer.

      2. 5.5.2

        The vendor has the necessary licenses for providing the freight services under all applicable laws.

      3. 5.5.3

        The freight services provided by the vendor pursuant to the order placed will be provided skilfully and competently in a workmanlike manner.

    6. 5.6

      All amounts shown in the quotation are exclusive of all taxes and are provided considering approximate currency exchange rate and are not the final amounts.

    7. 5.7

      You understand that the vendor may incur additional cost during the completion of the delivery of the freight and you agree to pay all such additional invoices raised by the vendor for reasons provided at www.shiplyst.com/additional-charges.html on actual basis, without any delay and demur.

    8. 5.8

      You shall ensure that all negotiations and communications with the vendor are carried out on the Website itself and shall not directly contact the vendor.

    9. 5.9

      Once an order is accepted by the vendor, the vendor will release a container release order, or the booking confirmation or the delivery order which you can use to collect the empty container for the purpose of loading the cargo in the container. The release of such container release order or the booking confirmation or the delivery order shall be valid for a period of three (3) days. You agree and undertake that you or your authorised agents/ representatives shall be responsible for the goods loaded on the container and shall comply with the industrial standards and all applicable laws at the time of loading the container.

    10. 5.10

      You shall ensure that the Shipping Instructions along with all necessary shipping/commercial documents (packing list, shipping bill, Invoice etc.) are uploaded after the order is accepted by the vendor and all such documents as may be required by the vendor for the purpose of processing the order. You shall be responsible to resubmit such SI and shipping documents in case the Vendor requires any clarification.

    11. 5.11

      You understand that any order placed by you is subject to the vendor’s confirmation and once an order is rejected by the vendor, the same cannot be re-submitted. You will be required to submit a new quotation request; however, you can use the ‘copy old order’ feature provided by Shiplyst on the Shiplyst Website as and when such feature is enabled for your account.

  6. Terms specifically applicable to the Vendor :
    1. 6.1

      You agree and understand that a profile page for you shall be created by Shiplyst on the Website.

    2. 6.2

      You shall ensure that copies of all required documents, including but not limited to company incorporation certificate, partnership agreement, copy of PAN, copy of goods and services tax registration certificate, address proof of the business, company financial documents (balance sheet, profit and loss, income statement, income tax return etc.), FIATA/IATA license, FMC license (if applicable) and any additional documents, shall be duly uploaded on the Shiplyst Website for the purpose of verification by Shiplyst.

    3. 6.3

      You shall at all times be responsible to update the origin, destination, pre-carriage, on-carriage and Freight rates between port pairs where the services are being provided. You shall upload only the rates procured directly from the freight carriers and or their registered agents. You shall be responsible for the rates uploaded by you on the Shiplyst Website and Shiplyst shall not be responsible for any losses suffered by the vendor due to incorrect details provided by the vendor. Further, any losses or damages suffered by Shiplyst due to incorrect rates uploaded by you shall be solely borne by you.

    4. 6.4

      Once an order is booked by the customer and the same is notified to you, you shall accept or reject the order within thirty (30) minutes of receiving such notification.

    5. 6.5

      You shall review shipping documents and SI details uploaded by the customer following which a bill of lading would be uploaded by the vendor. You agree that you shall be responsible for the verification of the customer and Shiplyst shall not be responsible for any verification of the customer or the cargo being transported by the customer.

    6. 6.6

      You shall incur only such additional cost over and above the quotation for reasons provided at www.shiplyst.com/additional-charges.html that is imminent for the purpose of fulfilling the order placed by the customer and shall retain all proofs of such additional costs. You shall provide all such proofs as and when requested by Shiplyst.

    7. 6.7

      In case of any inquiry by a customer for which rates have not been provided on the Shiplyst Website, you shall be entitled to submit the quotation for such requests manually through the Marketplace.

    8. 6.8

      You shall be responsible for updating the cargo or container status from time to time as per the schedule provided by Shiplyst on the Shiplyst Website. You agree that Shiplyst may use third automation services for the purpose of automatically updating the status of each cargo. You agree to incorporate or attach any software or hardware to the cargo, as may be required by Shiplyst for the purpose of availing the services of third party automation service providers.

    9. 6.9

      You hereby authorize Shiplyst to :
      (a) Generate automated price quotes based on the rates provided by you.
      (b) advertise and promote the services offered by you on the Website
      (c) create a public “profile page” for you to share basic information with the customers about their organization, services offered and reviews.

    10. 6.10

      For the purpose of these Terms and Condition, you hereby provide Shiplyst with a royalty-free, fully paid, worldwide, non-exclusive license to use such information, names, logos and agree that such use by Shiplyst shall not constitute a violation or infringement of your intellectual property. In addition to the above, in order for Shiplyst to find more customers for you, you hereby authorize Shiplyst to appoint sub-agents who may also market the quotes that are generated on behalf of you on the Website.

    11. 6.11

      You undertake that during the term of your arrangement with Shiplyst and one (1) year thereafter, you shall in no manner directly or indirectly circumvent the operation of these Terms and Conditions or otherwise deprive Shiplyst of any of its benefits or fee intended pursuant to these Terms and Conditions.

  7. Bill of lading, invoice generation and payment terms :
    1. 7.1

      Once the Shipping Instructions are confirmed between the vendor and the customer, the vendor will generate a draft bill of lading. The customer or its representatives shall review and confirm or modify the bill of lading. Once the draft bill of lading is confirmed by the customer, the vendor shall upload the original bill of lading on the Shiplyst Website. In the event any amendments are made after the bill of lading is approved, the customer will have to bear additional charges.

    2. 7.2

      The vendor shall be entitled to raise its invoice after uploading the final bill of lading on the Shiplyst Website. The customer shall make payment against each invoice within seven (7) days of date of the invoice.

    3. 7.3

      Shiplyst shall generate an invoice for commission for the vendor towards the marketplace fees at the rate prescribed at www.shiplyst.com/additional-charges.html, subject to a minimum of Indian Rupees Five Hundred (INR 500) per order and Shiplyst reserves the right to amend the rates at its discretion without prior notification to the vendor. All invoices raised by Shiplyst shall be paid within seven (7) days. Any overdue amounts shall accrue interest from the relevant due date until the date on which such payment is received by Shiplyst at the rate of two percent (2%) per month plus any and all costs incurred in collection (including attorneys' fees or dispute resolution costs). In case of any overdue amounts to be payable by the vendor to Shiplyst, Shiplyst may, in its sole and absolute discretion, also suspend the access and/or usage rights of the vendor to the Website.

    4. 7.4

      The customer shall inform Shiplyst after making the payments along with the payment details as may be requested by Shiplyst. Shiplyst will confirm the payment details with the vendor and procure the original bill of lading from the vendor and courier the same to the customer.

  8. Cancellation Terms
    1. 8.1

      The customer or vendor may cancel the order after the order has been accepted by the vendor after providing the reasons out of the list of reason provided on the Shiplyst Websites. Once the cancellation order has been updated, Shiplyst will notify the customer and the vendor of such cancellation.

    2. 8.2

      Once an order is accepted by the vendor, the party cancelling the order shall be liable to pay a cancellation fee or any additional fee for reasons provided in www.shiplyst.com/additional-charges.html incurred on actual basis.

    3. 8.3

      Shiplyst will monitor the cancellation rate of both the customer and the vendor. In case of high cancellation rate, Shiplyst may suspend or terminate the account of such customer or vendor at its sole discretion.

  9. Dispute Resolution
    1. 9.1

      You shall be entitled to raise a dispute with respect to a shipment within thirty (30) days of the date of delivery of the shipment, through the designated portal at www.shiplyst.com for resolution of dispute. You and Shiplyst shall attempt in the first instance to resolve the dispute through friendly consultations. If the dispute is not resolved through friendly consultations within sixty (60) days of You raising the dispute with Shiplyst, then the dispute may be referred to arbitration by a sole arbitrator appointed by Shiplyst. The proceedings of such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 (as amended from time to time) and shall be held at Mumbai. The proceeding shall be conducted in English. The parties shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the above, courts in Mumbai shall have exclusive jurisdiction over any of the disputes arising out of or in connection with these Terms and Conditions. The cost of arbitration shall be equally borne between the parties except otherwise awarded by the arbitrator.

  10. Prohibited Uses
    1. 10.1

      You agree not to use the Shiplyst Websites (including, without limitation, any Materials or Services you may obtain through your use of the Shiplyst Websites) :

      1. 10.1.1

        In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law")

      2. 10.1.2

        To stalk, harass, insult or harm another individual.

      3. 10.1.3

        To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

      4. 10.1.4

        To interfere with or disrupt the Shiplyst Websites or servers or networks connected to the Shiplyst Websites.

    2. 10.2

      You further agree not to :

      1. 10.2.1

        Use any data mining, robots, or similar data gathering or extraction methods in connection with the Shiplyst Websites.

      2. 10.2.2

        Attempt to gain unauthorized access to any portion of the Shiplyst Websites or any other accounts, computer systems, or networks connected to the Shiplyst Websites, whether through hacking, password mining, or any other means.

  11. Modifications to Shiplyst Websites
    1. 11.1

      Shiplyst reserves the right to modify, suspend, or discontinue the Shiplyst Websites at any time without notice to you. For example, Shiplyst may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice or any Services that are not used by the customers. The Materials and Services may be out of date and Shiplyst makes no commitment to update the Materials and Services whatsoever. Information published on the Website may refer to products, programs, or services that may not be available in your country. You may consult your local Shiplyst business contact for information regarding the products, programs, and services that may be available to you.

  12. User submissions
    1. 12.1

      Once the order is fulfilled, the customer and the vendor shall leave comments and reviews of the other party with respect to the services.

    2. 12.2

      Certain areas of the Shiplyst Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Shiplyst an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Shiplyst deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Shiplyst reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Shiplyst may also disclose your name in its clients’ list/credentials for reference purposes. Shiplyst may, but is not obligated to, pre-screen User Submissions or monitor any area of the Shiplyst Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Shiplyst is not required to host, display, or distribute any User Submissions on or through the Shiplyst Websites and may remove at any time or refuse any User Submissions for any reason. Shiplyst is not responsible for any loss, theft, or damage of any kind to any User Submissions. Shiplyst does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Shiplyst will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Shiplyst does not guarantee that you will have any recourse through Shiplyst or any third party to edit or delete any User Submission you have submitted.

    3. 12.3

      By submitting any User Submission, you represent and warrant that :

      1. 12.3.1

        You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Shiplyst the rights in your User Submissions described herein.

      2. 12.3.2

        You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions.

      3. 12.3.3

        Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.

      4. 12.3.4

        You voluntarily agree to waive all "moral rights" that you may have in your User Submission.

      5. 12.3.5

        Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading.

      6. 12.3.6

        Your User Submission does not violate any Law.

      7. 12.3.7

        Your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy.

      8. 12.3.8

        You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission.

      9. 12.3.9

        Your User Submission does not incorporate materials from a third-party web site, or addresses, email addresses, contact information, or phone numbers (other than your own).

      10. 12.3.10

        Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files.

      11. 12.3.11

        Your User Submission does not contain any information that you consider confidential, proprietary, or personal.

      12. 12.3.12

        Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

  13. Links to third-party websites
    1. 13.1

      Links on the Shiplyst Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Shiplyst Websites. Shiplyst is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Shiplyst does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Shiplyst network, you do this entirely at your own risk.

  14. Trademarks
    1. 14.1

      Shiplyst logos and any other logos and marks used on the Website (“Logos”) are trademarks that belong to Shiplyst Systems Private Limited.

    2. 14.2

      You may use the abovementioned trademarks, in text, to refer fairly and accurately to Shiplyst, its products and its services, subject to the guidelines below :

      1. 14.2.1

        The Logos are reserved for use by Shiplyst and those Shiplyst partners and licensees that have a written agreement with Shiplyst that specifically authorizes logo use. No other use of the Logos is permitted.

      2. 14.2.2

        You may not use Shiplyst Logos in a manner likely to mislead consumers or the vendors as to your relationship with Shiplyst, as to Shiplyst’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of Shiplyst trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

    3. 14.3

      Trademark Use by Authorized Shiplyst Partners and Licensees

      1. 14.3.1

        If you have an existing relationship with Shiplyst, please adhere to the specific trademark use guidelines and terms provided in your written agreement.

      2. 14.3.2

        If your existing agreement with Shiplyst authorizes you to display the abovementioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.

      3. 14.3.3

        If you have any questions you should contact your account representative or other Shiplyst business contact.

    4. 14.4

      Shiplyst General Trademark Guidelines

      The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of Shiplyst's trademarks, including for example Shiplyst's partners, licensees, alliances and authorized resellers under contract with Shiplyst.

      1. 14.4.1

        Do not use Shiplyst trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by Shiplyst.

      2. 14.4.2

        Do not use Shiplyst trademarks to make false statements about Shiplyst or its products or services.

      3. 14.4.3

        Do not incorporate Shiplyst trademarks in your trade names, business names, product names, service names, social media user names, or domain names.

      4. 14.4.4

        Do not adopt or imitate Shiplyst’s distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.

      5. 14.4.5

        When referring to Shiplyst in formal documentation (i.e., annual reports, financial reports) the full name Shiplyst Systems Private Limited is preferred. In other contexts, Shiplyst is preferred.

  15. Procedure for making claims of infringement
    1. 15.1

      Shiplyst respects the intellectual property rights of others. Accordingly, Shiplyst has a policy of removing User Submissions that violate copyright law, suspending access to the Shiplyst Websites (or any portion thereof) to any user who uses the Shiplyst Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Shiplyst Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Shiplyst Websites, please provide written notice to the following Shiplyst officer for notice of claims of infringement :

      Attention : Manish Singh

      Address : 403/404, Cairo Skyline Oasis, Kirol Road, Vidya Vihar W, Mumbai 400086, India.

      Tel No : +91 22 61669629

      Email : info@shiplyst.com

    2. 15.2

      Your written notice must :
      (a) contain your physical or electronic signature.
      (b) identify the copyrighted work or other intellectual property alleged to have been infringed.
      (c) identify the allegedly infringing material in a sufficiently precise manner to allow Shiplyst to locate that material.
      (d) contain adequate information by which Shiplyst can contact you (including postal address, telephone number, and e-mail address).
      (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law.
      (f) contain a statement that the information in the written notice is accurate.
      (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Shiplyst’s designated agent, as they will be deleted upon receipt.

  16. Indemnification
    1. 16.1

      You agree to indemnify, defend, and hold harmless each of the Shiplyst Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions. Shiplyst reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Shiplyst's defence of such claim.

  17. Electronic communications
    1. 17.1

      Shiplyst has created a messaging system for the customer and vendor to communicate for the vendor and customer to communicate. You may also upload images, documents along with the messages. You agree and undertake that all communication with respect to the shipment shall be done through the Website or the communication system provided to you.

    2. 17.2

      When you visit the Website or send e-mails to Shiplyst, you are communicating with Shiplyst electronically. Shiplyst may respond to you by e-mail or by posting notices on the Website. You agree that all such notices, disclosures, and other communications that Shiplyst provides to you electronically satisfy any legal requirement that such communications be in writing.

    3. 17.3

      The Website may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. Shiplyst is not responsible for such delays, failures, or other damages that result from such problems.

  18. Termination
    1. 18.1

      Except as set forth in "Other agreements; software, services or access", below, Shiplyst may terminate, suspend, or modify your registration with, or access to, all or part of the Shiplyst Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Shiplyst Websites at any time. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an e-mail to [●]. If you breach any of these Terms and Conditions, your authorization to use the Shiplyst Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.

  19. Disclaimers
    1. 19.1

      The shiplyst websites are provided "as is" and "with all faults" and the entire risk as to the quality and performance of the shiplyst websites are with you. Should the materials or services prove defective, you, and not shiplyst, shall assume the entire cost of all necessary servicing and repair. Shiplyst expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the shiplyst websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, shiplyst makes no warranty that the shiplyst websites will meet your requirements or that the shiplyst websites will be uninterrupted, timely, secure, or error free or that defects in the shiplyst websites will be corrected. Shiplyst makes no warranty as to the results that may be obtained from the use of the shiplyst websites or as to the accuracy or reliability of any information obtained through the shiplyst websites. No advice or information, whether oral or written, obtained by you through the shiplyst websites or from shiplyst, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, " shiplyst parties") shall create any warranty. Shiplyst disclaims all equitable indemnities.

    2. 19.2

      You understand and agree that any material or data downloaded or otherwise obtained through the shiplyst websites is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. Shiplyst shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

    3. 19.3

      Shiplyst shall not be liable for any third-party websites, products, services and other content. The advertisements which may be available on e-mails or shiplyst websites with respect to the third-party websites, products and services are for information purpose only.

    4. 19.4

      Shiplyst shall not be liable for delays or inabilities in performance or non-performance in whole or in part of shiplyst’s obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of god, fire, strikes, embargo, acts of government, acts of terrorism, climatic conditions, labour unrest, insolvency, business exigencies, government decisions, change of laws, operational and technical issues, route issues, acts of third parties or other similar causes and problems.

  20. Limitation of liability
    1. 20.1

      In no event will any of shiplyst parties be liable for (a) any direct, indirect, special, consequential, punitive, or exemplary damages or (b) any damages whatsoever in excess of indian rupees one thousand (inr 1,000) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, loss of goods, business interruption, or other intangible losses), arising out of or in connection with shiplyst websites (including, without limitation, use, inability to use, or the results of use of shiplyst websites), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any shiplyst party has been advised (or should have known) of the possibility of such damages.

    2. 20.2

      Subject to applicable law, use of shiplyst websites is at your sole risk. The services and products made available on shiplyst websites are subject to conditions imposed by shiplyst, including but not limited to tariffs, conditions of carriage and government regulations.

  21. Exclusions and limitations
    1. 21.1

      Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of Shiplyst Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party’s liability shall be the minimum permitted under such applicable law.

  22. Other agreements; software, services or access
    1. 22.1

      Shiplyst may provide the Services or access to Shiplyst Websites under the terms of a separate agreement between you and Shiplyst (each, an "Other Agreement"). Shiplyst's obligations with respect to any service that it makes available to you under any Other Agreement shall be governed both by the Other Agreement and these Terms and Conditions, as may be applicable, under which such product or service is provided.

  23. General
    1. 23.1

      These Terms and Conditions, together with any Other Agreement, additional terms to which you agree when using particular elements of the Shiplyst Websites, constitute the entire and exclusive and final statement of the agreement between you and Shiplyst with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Shiplyst with respect to such subject matter. Shiplyst shall be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of Shiplyst or any force majeure event. These Terms and Conditions and the relationship between you and Shiplyst shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of Shiplyst to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Shiplyst and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Shiplyst Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or Shiplyst. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shiplyst without restriction.

  24. Modifications to these Terms and Conditions
    1. 24.1

      Shiplyst may, in its sole and absolute discretion, change these Terms and Conditions from time to time. Shiplyst will post notice of such changes on the Website. If you object to any such changes, your sole recourse shall be to cease using the Shiplyst Websites. Continued use of Shiplyst Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the Shiplyst Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.

  25. GRIEVANCE OFFICER

    In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below :

    Attention : Manish Singh

    Address : 403/404, Cairo Skyline Oasis, Kirol Road, Vidya Vihar W, Mumbai 400086, India.

    Tel No : +91 22 61669629

    Email : info@shiplyst.com

    You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above-mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.

    If you have any questions about these Terms and Conditions or any other concerns, you can also email us at info@shiplyst.com.