Solutions Under One Roof (“We” or “Our” or “Us” or “Company” or “Solutions Under One Roof ”) is a company duly incorporated under the provisions of the (Indian) Companies Act, 1956, which provides various technology related services/platforms under the brand name ‘Courier Station’.
Please read this privacy policy carefully while accessing or using the website/mobile application of Courier Station or any other platform/tool developed by Solutions Under One Roof . You agree to be bound by the terms described herein. Using or accessing of Courier Station’s website/mobile application/platform/tool will be considered as a deemed acceptance of this policy.
Introduction
www.courierstation.in , Courier Station’s mobile application and any of the platform/tool developed by Solutions Under One Roof from time to time. The Privacy Policy constitutes an integral part of the agreements / terms and conditions of use between Solutions Under One Roof and its merchants and users/customers. The website, mobile application and platforms/tools developed by Courier Station are individually referred to as the “Platform”.
The Platform(s) inter-alia facilitates more comfortable form of e-commerce in relation to various technology related services including but not limited to logistics management services/solutions and checkout services (“Services”).
The Services would be made available to such persons who have agreed to become user of the Platform (referred to as “You” or “Your” or “Yourself” or “User”, which term shall also include persons who are accessing the Platform merely as visitors or who undertakes any of the Service) in accordance with the Platform’s terms of use as may be formulated by Solutions Under One Roof from time to time (“Terms of Use”).
Reasonable Security
We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While we try our best to provide security that is commensurate with the industry standards, however because of the inherent vulnerabilities of the internet, we cannot ensure or warrant complete security of all information that is being transmitted to Us.
\For the purpose of providing the Services and for other purposes identified in this Privacy Policy, we are required to collect and host certain data and information of the Users. We are committed to protecting the Personal Information (as defined below) of the Users and take all reasonable precautions for maintaining confidentiality of the User’s Personal Information.
Purpose
This Privacy Policy has been designed and developed to help You to understand the following:
a) The type of Personal Information (including Sensitive Personal Data or Information) that we collect from the Users;
b) The purpose of collection, means and modes of usage of such Personal Information by the Company;
c) How and to whom the Company will disclose such information;
d) How the Company will protect the Personal Information including Sensitive Personal Data or Information that is collected from the Users; and
e) How Users may access and/or modify their Personal Information.
Personal Information/Sensitive Personal Data
“Personal Information” means any information that relates to the User, which, either directly or indirectly, is capable of identifying the person concerned.
“Sensitive Personal Data or Information” means personal information of a User relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by the Company for processing or storage. However, any data/information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as Sensitive Personal Data or Information or Personal Information.
Types of Personal Information collected by the Company
While using our Services, we may collect the following categories of Personal Information from the Users:
• • Name;
• • User ID;
• • Email address;
• • Address (including country and ZIP/postal code);
• • Gender;
• • Age;
• • Phone Number;
• • Password chosen by the User;
• • Geographical location;
• • Financial account information;
• • Any of the aforesaid information pertaining to the customer/buyer of the User; and
• • All other personally identifiable information/details as the User may share from time to time (including personally identifiable information/details of the customer/buyer of the User).
hereinafter collectively referred to as “User Information”.
In order to avail the Services, the Users may also be required to upload/share certain documents, on the Platform and/or e-mail the same to the Company. Accordingly, the term “User Information” shall also include any such documents uploaded or otherwise provided by the Users. We may also keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.
Internet Use
We may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the Platform as well as the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using as well as the name of User's ISP. The Platform may use temporary cookies to store certain data (that is not Sensitive Personal Data or Information) that is used by Us for the technical administration of the Platform, research and development, and for User administration. In addition,
• We do not knowingly collect Personal Information from children; and
• We may in future include other optional requests for information from the User including through User surveys in order to help Us customize the Platform to deliver personalized information to the User and for other purposes as mentioned herein. Such information may also be collected in the course of surveys/contests conducted by Us. Any such additional Personal Information will also be processed in accordance with this Privacy Policy.
Purposes for which the Company may use the Information
We will retain User Information only to the extent it is necessary to provide one or more Services. By providing your information, You consent to the collection, sharing, disclosure and usage of the information in accordance with this Privacy Policy. The information, which we collect may be utilized for various business and/or regulatory purposes including but not limited for the following purposes:
a)Registration of the User on the Platform;
b) Processing the User’s orders/requests and provision of various Services;
c) Sending timely/periodical updates to the User and its customers;
d) Completing transactions with Users effectively and billing for the products/Services provided;
e) Technical administration and customization of Platform;
f) Ensuring that the Platform content is presented to the Users in an effective manner;
g) Delivery of personalized information and target advertisements to the User;
h) Improvement of Services, features and functionality of the Platform;
Research and development and for User administration (including conducting user surveys);
j) For purposes of research, analysis, business intelligence, reporting and improvement/development/advancement of the Company’s business, Platform and/or the Services;
k) Dealing with requests, enquiries, complaints or disputes and other customer care related activities including those arising out of the Users’ request of the Services and all other general administrative and business purposes;
l) Communicate any changes in our Services or this Privacy Policy or the Terms of Use to the Users;
m) Verification of identity of Users and to perform checks to prevent frauds;
n) Investigating, enforcing, resolving disputes and applying our Terms of Use and Privacy Policy, either ourselves or through third party service providers; and
o) To comply with applicable legal requirements and our various policies/terms.
Disclosure and Transfer of User’s Personal Information: We may need to disclose/transfer User’s Personal Information to the following third parties.
To Government and judicial institutions/authorities, to the extent required:
• a) Under the laws, rules, and regulations and/or under orders of any relevant judicial or quasi-judicial authority;
• b) To protect and defend the rights or property of the Company;
• c) To fight fraud and credit risk;
• d) To enforce the Company's Terms of Use (to which this Privacy Policy is also a part); or
• e) When the Company, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
The Company may also make all User Information accessible to its employees and data processors/third party vendors only on a need-to-know basis. All the employees and data processors/third party vendors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality. However, the Company does not disclose information, individually labelled or aggregated, obtained through Marketplace APIs on behalf of a User to other users or any outside parties, unless required by law.
Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. The Company may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective, investors, strategic partners, sponsors and others in order to help growth of Company's business.
We may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets or business of Company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the Personal Information and/or other information that a User provides to Us.
Links to Third-Party
The links to third-party advertisements, third party websites or any third-party electronic communication services (referred to as “Third Party Links”) may be provided on the Platform which are operated by third parties and are not controlled by, or affiliated to, or associated with the Company, unless expressly specified on the Platform.
If You access any such Third-Party Links, we request You to review the concerned website’s privacy policy. We shall not be responsible for the policies or practices of Third-Party Links.
Security Practices and Procedures:
The Company adopts reasonable security practices and procedures to implement technical, operational, managerial and physical security control measures in order to protect the Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
The Company takes adequate steps to ensure that third parties to whom the User Information may be transferred adopt reasonable level of security practices and procedures to ensure security of such Information.
You hereby acknowledge that the Company is not responsible for any intercepted information sent via the internet, and You hereby release Us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
User's rights in relation to their personal information collected by the Company:
All the information provided to the Company by a User, including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retrospective.
Users can access, modify, correct and delete the Personal Information provided by them which has been voluntarily given by the User and collected by the Company in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/her information, the Company may keep a copy of the information which User originally provided to the Company in its archives for User documented herein. In case the User seeks to update or correct, his/her Personal Information, the User may exercise these rights by emailing the Company at [email protected] and communicate the change(s) for updating the Company’s records.
In case the User does not provide his/her information or consent for usage of Personal Information or subsequently withdraws his/her consent for usage of the Personal Information so collected, the Company reserves the right to discontinue, in part or full, the Services/associated features and benefits for which the said information was sought.
For how long do the Company keep Personal Information:
Company will retain your Personal Information for as long as needed to fulfil the purpose for which it was collected and for a reasonable period thereafter in order to comply with audit, contractual, technical and legal requirements and/or to resolve any future disputes. We may retain aggregated or de-identified data indefinitely or to the extent allowed by applicable law.
Changes to this Privacy Policy:
We may update this Privacy Policy from time to time. Thus, you are advised to review this page/policy periodically for any changes. Your continued usage of the Services shall constitute your acceptance of the amended/updated Privacy Policy.
Complaints and Grievance Redressal:
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms/Privacy Policy shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email:
Company Secretary
Solutions Under One Roof
330, Trade Square,
Near Parishkar Road,
Khokhara circle, Khokhara,
Ahmedabad
COURIER STATION™ PLATFORM AND LOGISTICS MANAGEMENT SOLUTION
This Merchant Agreement (“Agreement”) is between you company/individual/firm/partnership/body corporate), together with any company or other business entity you are representing, if any (hereinafter collectively referred as “Merchant” or “you” or “User”); and Solutions Under One Roof , a company registered under the Companies Act, 1956, having its registered office at Trade Square 330, Near Parishkar Road, Khokhara circle, Khokhara, Ahmedabad 380008, offering ‘Logistics Management Services’, under the name ‘Courier Station’ (hereinafter referred to as “Solutions Under One Roof ” or “we” or “Courier Station” or “Company”, and together with the User referred jointly as the “Parties” and individually as a “Party”).
BACKGROUND
This Agreement comes into effect when you register to use the Services (as defined below), or click on “Continue” box, and accept the terms and conditions provided herein.
By registering or clicking on the ‘Continue’ box, you signify your absolute, irrevocable and unconditional consent to all the provisions of this Agreement in its entirety. This Agreement constitutes a legally binding agreement between you and Solutions Under One Roof . This Agreement defines the terms and conditions under which you’re allowed to use the Courier Station’s website (“Website”) and Courier Station’s mobile application (“Mobile App”), and how Solutions Under One Roof will treat your account while you are a member. If you have any questions about our terms, feel free to contact us at [email protected].
You are advised to read this Agreement carefully. You expressly represent and warrant that you will not avail the Services if you do not understand, agree to become a party to, and abide by all of the terms and conditions specified below. Any violation of this Agreement may result in legal liability upon you.
The Website/ Mobile App and the online/ offline services of Solutions Under One Roof or its affiliates, provides access to a platform that facilitates more comfortable form of e-commerce where you can use the logistics services according to your requirements within India and in countries designated by Solutions Under One Roof from time to time (“Service(s)”).
This Agreement, among other things, provides the terms and conditions for use of the Services, primarily through a web-based practice management software hosted and managed remotely through the Website/Mobile App.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system, and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing of the rules and regulations, privacy policy and terms of usage for access or usage of the website/ service.
Solutions Under One Roof reserves the right to modify the terms of this Agreement, at any time, without giving you any prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the terms of the Agreement, as modified.
Any additional terms and conditions, standard operating procedures (SOPs), service-level agreements (SLAs), terms of use, disclaimers and other policies applicable to general and specific areas of this Agreement, Website, Mobile App and/or Service shall be construed to form an integral part of this Agreement and any breach thereof will be construed as a breach of this Agreement.
Your access to use the Services will be solely at the discretion of Solutions Under One Roof .
1. USER ACCOUNT USAGE
1.1 This Agreement is a master agreement which governs the relationship between the Parties in relation to one or more Services that are offered by Solutions Under One Roof to the User, which shall inter-alia be subject to the terms and conditions specified in Annexure-A (Courier Station Service Specifications). Solutions Under One Roof hereby authorizes the User to view and access the content available on the Website/Mobile App solely for ordering, receiving, delivering and communicating as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website and Mobile App (collectively, "Solutions Under One Roof Content"), are the property of Solutions Under One Roof and are protected under copyright, trademark and other laws. User shall not modify the Solutions Under One Roof Content or reproduce, display, publicly perform, distribute, or otherwise use the Solutions Under One Roof Content in any manner, without the consent of Solutions Under One Roof .
1.2 User shall not transfer or share (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the Service to any third party. The User shall be solely responsible for the way anyone you have authorized to use the Services and for ensuring that all of such users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such user shall be deemed to be a violation thereof by you, towards which Solutions Under One Roof shall have no liability or responsibility.
1.3 Multiple users are not permitted to share the same/single log-in. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Services.
1.4 You agree that any information you give to Solutions Under One Roof will always be true, accurate, correct, complete and up to date, to the best of your knowledge. Any phone number used to register with the Service be registered in your name and you might be asked to provide supporting documents to prove the same.
1.5 You agree that you will not use the Services provided by Solutions Under One Roof for any unauthorized and unlawful purpose. You will not impersonate another person to any of the aforesaid.
1.6 You agree to use the Services only for purposes that are permitted by: (a) the terms of usage as outlined in this Agreement; and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of goods, data or software to and from India or other relevant countries).
1.7 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Solutions Under One Roof , unless you have been specifically allowed to do so in a separate agreement with Solutions Under One Roof .
1.8 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
1.9 You agree that you are solely responsible for (and that Solutions Under One Roof has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Solutions Under One Roof may suffer) of any such breach.
1.10 You expressly acknowledge and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available”, and Solutions Under One Roof at its discretion, will provide any customization or modification.
1.11 You agree that this Agreement and the Services of Solutions Under One Roof form a part of subject to any modification or be removed by Solutions Under One Roof with change in government regulations, policies and local laws as applicable.
2. FEES AND PAYMENY
2.1 Subject to the provisions of this Agreement, the User will pay Solutions Under One Roof the fees and other amounts set forth in this Agreement, or as otherwise agreed by the Parties.
2.2 Solutions Under One Roof may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion. Fees stated prior to the services being provided, as amended at Solutions Under One Roof ’s sole discretion from time to time, shall apply.
2.3 If you purchase any subscription based paid service, you authorize Solutions Under One Roof to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said service, and you authorize Solutions Under One Roof make such modification to the fee structure as required and also agree to abide by such modified fee structure.
2.4 You agree that the billing credentials provided by you for any purchases from Solutions Under One Roof will be accurate and you shall not use billing credentials that are not lawfully owned by you.
2.5 The User agrees to pay all subscription fees, service fees and other fees applicable to User’s use of Services or any other services which are beyond the scope of the Services and/or this Agreement, and the User shall not (directly or indirectly) circumvent the fee structure.
2.6 The User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting under applicable law. Solutions Under One Roof is in no way responsible for any of the User’s taxes or legal or statutory compliances.
2.7 Unless otherwise specified, all fees shall be exclusive of taxes, and Goods and Service tax and other statutory taxes, as applicable, shall be levied on every purchase/Service.
2.8 The payment process would be considered to be complete only on receipt of full fees and all other charges (as payable) into Solutions Under One Roof ’s designated bank account.
2.9 If applicable, Solutions Under One Roof shall raise an invoice for the Services and the freight amount (if payable) twice in a calendar month (preferably in mid of the month and end of the month). The invoice shall be available on the billing / payments section of the User’s dashboard on Solutions Under One Roof platform.
2.10 The User shall be required to clear the invoice within 7 (seven) days from the date of the invoice. Terms of payment for the pre-paid accounts have been specified in Clause 4 of Annexure A.
2.11 If the User fails to pay the full invoice amount in accordance with the time period mentioned above, Solutions Under One Roof will have the right to: (i) retain the amounts received from the end customer of the User through the cash on delivery method (“COD Amount”), and/or (ii) retain the custody of the shipments of the User which are in the possession of Solutions Under One Roof logistics partner(s), and/or (iii) levy an interest of 18% per annum from the due date of payment, till such time that the User makes entire payment towards the invoice, and/or (iv) forfeit the security deposit amount of the User (if any) lying with Solutions Under One Roof . Without being prejudice to the above, the User hereby agrees that it shall become liable to pay the freight charges (both forward and RTO charges) as soon as a shipment is picked up or is RTO initiated by the Solutions Under One Roof courier partner, and that Solutions Under One Roof shall have a right to recover such freight charges from the User (for all the shipments which have been picked-up/shipped/RTO however which have not been invoiced) as per the various modes agreed under this Agreement, including but not limited to retaining the COD Amounts for the shipments of the User.
2.12 In the event the User closes its account with Solutions Under One Roof , or this Agreement expires or is terminated, Solutions Under One Roof will deduct the Fees and the freight amounts due to it from the User, from the COD Amount. Solutions Under One Roof shall, thereafter, remit the remaining COD Amount after such deduction, within 10 (ten) days from the date of such closure/expiration/termination, subject to reconciliation and completion of all the shipments and transactions pertaining to the User/his account. In the event, the COD Amount falls short of the outstanding amount payable by the User, the User shall within 5 (five) days from the date of such closure/expiration/termination pay the outstanding amount to Solutions Under One Roof , and until the payment of the entire outstanding amount, Solutions Under One Roof shall retain the custody of the shipments of the User which are in the possession of Solutions Under One Roof logistics partner(s). In the event of any delay in payment of outstanding amount by the User (as required under this clause), Solutions Under One Roof shall have a right to levy an interest of 18% per annum on the outstanding amount from the due date of payment till the date of actual payment and/or to forfeit the security deposit amount of the User (if any) lying with Solutions Under One Roof .
2.13 Save as otherwise stated in this Agreement, for any claims by the User regarding non-connectivity of the shipment (i.e. where the User is claiming that the shipment has been picked up but not connected) - the signed copy of the manifest sheet of the pick up against the disputed shipment has to be submitted along with the claim request by the User within 3 (three) days from the pickup date. Without the signed manifest any such request shall not be considered valid.
2.14 The User agrees that in case of shipments booked under Cash on Delivery (“COD”), Solutions Under One Roof logistics partner shall collect cash, as per the instructions of Solutions Under One Roof from the consignee as per the details mentioned on the COD order form and remit/reimburse the amount to Solutions Under One Roof which then forthwith would be reimbursed to the User. However, Solutions Under One Roof shall not be held liable in case the COD amount has been delayed or misplaced by the courier company. The User shall seek its claim, loss or any damages suffered from the courier company directly, and in no way shall recover from Solutions Under One Roof or hold Solutions Under One Roof liable for the same. In this regard, the User agrees that Solutions Under One Roof shall have the right to deduct the freight charges from the COD Amounts received by Solutions Under One Roof , and then remit/reimburse the balance amount to the User.
2.15 Solutions Under One Roof may, from time to time, in its sole discretion, provide/allocate a credit limit to the User for the Services, which can be used by the User within a specified time period. In this regard, the User hereby acknowledges and agrees to pay the service fees and all other amounts (payable by it pursuant to this Agreement), and in the event User fails to timely pay the same, Solutions Under One Roof shall have an unconditional and irrevocable right, in addition to other rights and remedies available under this Agreement elsewhere, applicable law or otherwise, to recover the unpaid fees and amounts from the user inter alia by way of: (a) retaining the COD Amounts; and/or (b) retaining the custody of the shipments of the User which are in the possession of Solutions Under One Roof logistics partner(s); and/or (c) forfeit the security deposit amount of the User (if any) lying with Solutions Under One Roof .
2.16 Solutions Under One Roof reserves the right to modify the fee structure by providing a notice, either on your dashboard or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any negative response/objection to Solutions Under One Roof to such notice, Solutions Under One Roof shall apply the modified Fee structure.
2.17 In order to process the fee payments, Solutions Under One Roof might require details of User’s bank account, credit card number and other such financial information. Users shall be responsible to maintain the confidentiality of such information provided by Users.
2.18 You can cancel your access to the Services using any of the cancellation methods listed in the Annexures or by contacting our customer support by email at [email protected]. The one time set-up fees shall not be refunded to the User.
3.LAIBLITY
3.1 Solutions Under One Roof shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by Solutions Under One Roof , where the User has consented for the same.
3.2 Solutions Under One Roof does not provide or make any representation, warranty or guaranty, express or implied about the Services. Solutions Under One Roof does not verify any content or information provided by Users and to the fullest extent permitted by law disclaims all liability arising out of the User’s use or reliance upon the Services.
3.3 The Services of Solutions Under One Roof may be linked to the services of third parties, affiliates and business partners. Solutions Under One Roof has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such services or made available by/through our Services.
3.4 Notwithstanding anything contrary provided in this Agreement, in no event, including but not limited to negligence, shall Solutions Under One Roof , or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, User’s provision of information via the Services, lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions of this Agreement or a User’s use of the Services exceed, in the aggregate INR 5, 000 (Indian Rupees Five Thousand) only.
3.5 In no event shall the Protected Entities be liable for failure on the part of the Users to provide agreed Services. In no event shall the Protected Entities be liable for any activity in relation to the Services provided to a User.
3.6 The Protected Entities shall not be liable for any act or omission of any other person/ entity furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in the Services, or for any unauthorized interception of your communications or other breaches of privacy attributable in part to the acts or omissions of the User or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of the User provided systems, equipment, facilities or services that are interconnected with the Service.
3.7 Solutions Under One Roof shall be, in no manner liable to remit the Cash-on-Delivery (COD) that is to be received as payment by the User in case of forcible snatching of the delivery package. Such incidents/cases shall be the sole responsibility of the User and the User is liable to initiate actions to resolve such incidents, if any, on its own, including but not limited to legal processes.
3.8 The User undertakes to resolve the disputes raised, if any, by the buyer(s) within a period of 24 hours from the raising of such dispute(s). Failure to do so shall enable/authorise Solutions Under One Roof to hold the COD remittance, till the time such dispute(s) is rectified by the User.
4. GENERAL REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to the other Party that:
(a) it has all necessary rights, powers and authority to enter into and perform this Agreement; and
(b) the entrance and performance of this Agreement by it shall not violate any applicable law and shall not breach any agreement, covenant, court order, judgment or decree to which such Party or by which it is bound.
5. INDEMNITY
5.1 The User (“Indemnifying Party”) hereby agrees to indemnify, defend and hold Solutions Under One Roof , its affiliates, officers, directors, employees, contractors, sub-contractors, consultants, licensors, other third party service providers, agents and representatives (“Indemnified Party”) harmless from and against claims, demands, actions, liabilities, costs, interest, damages and expenses of any nature whatsoever (including all legal and other costs, charges and expenses) incurred or suffered (directly or indirectly) by the Indemnified Party, on account of: (a) Indemnifying Party’s access to or use of Services; (b) violation of this Agreement or any terms of use of the Services by the Indemnifying Party (and/or its officers, directors and employees); (c) violation of applicable law by the Indemnifying Party (and/or its officers, directors and employees); (d) wrongful or negligent act or omission of the Indemnifying Party (and/or its officers, directors and employees); (e) any third party action or claim made against the Indemnified Party, by reason of any actions undertaken by the Indemnifying Party (and/or its officers, directors and employees); and (f) any duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on the shipments.
5.2 The User undertakes to fully indemnify and hold the third party providing shipping and courier services (“Courier Company”) and Indemnified Party harmless in case of any breach of security procedures, breach of any term or condition of this Agreement, or breach of any applicable law, by the User (and/or its officers, directors and employees) and / or by its customers.
5.3 Solutions Under One Roof will notify the User promptly of any such claim, loss, liability, or demand, and in addition to the User foregoing obligations, the User agrees to provide Solutions Under One Roof with all reasonable assistance, at the User’s expense, in defending any such claim, loss, liability, damage, or cost.
6. COMPLIANCE WITH LAWS
Each Party shall at all times and at its/his/her own expense: (a) strictly comply with all applicable laws, now or hereafter in effect, relating to its/his/her performance of this Agreement; (b) pay all fees and other charges required by such applicable law; and (c) maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority to the extent necessary to perform its obligations hereunder.
7. USE OF CONFIDENTIAL INFORMATION
7.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under this Agreement. The Party that receives Confidential Information shall be known as “Receiving Party”. The Party that discloses Confidential Information shall be known as “Disclosing Party”.
7.2 The Receiving Party acknowledges that the Confidential Information is received on a confidential basis, and that the Disclosing Party shall remain the exclusive owner of its Confidential Information and of Intellectual Property rights contained therein. No license or conveyance of any such rights to the Receiving Party is granted or implied under this Agreement.
7.3 The Receiving Party shall:
(a) use the Confidential Information of the Disclosing Party only for purposes of complying with its obligations under this Agreement and, without limiting the generality of the foregoing, shall not, directly or indirectly, deal with, use, exploit or disclose such Confidential Information or any part thereof to any person or entity or for any purpose whatsoever (or in any manner which would benefit any competitor of the Disclosing Party) except as expressly permitted hereunder or unless and until expressly authorized in writing to do so by the Disclosing Party;
(b) use reasonable efforts to treat, and to cause all its officers, agents, servants, employees, professional advisors and contractors and prospective contractors to treat, as strictly confidential all Confidential Information. In no event shall such efforts be less than the degree of care and discretion as the Receiving Party exercises in protecting its own valuable confidential information. Any contractors engaged by or prospective contractors to be engaged by the Receiving Party in connection with the performance of the Services shall be required to assume obligations of secrecy equal to or greater than the obligations that the Receiving Party has assumed in this Agreement with respect to the Confidential Information;
(c) not, without the prior written consent of the Disclosing Party, disclose or otherwise make available the Disclosing Party’s Confidential Information or any part thereof to any party other than those of its directors, officers, agents, servants, employees, professional advisors, contractors or prospective contractors who need to know the Confidential Information for the purposes set forth herein;
(d) not copy or reproduce in any manner whatsoever the Confidential Information of the Disclosing Party or any part thereof without the prior written consent of the Disclosing Party, except where required for its own internal use in accordance with this Agreement; and
(e) promptly, upon termination or expiration of this Agreement, return and confirm in writing the return of all originals, copies, reproductions and summaries of Confidential Information or, or at the option of the Disclosing Party, destroy and confirm in writing the destruction of the Confidential Information (this sub-clause being applicable only on the User).
7.4 Provided, however that nothing herein shall restrict in any manner the ability of either Party to use or disclose Confidential Information owned by it in any manner whatsoever, and the obligations of confidentiality herein shall apply to each Party only to the extent that the Confidential Information or portion thereof is not owned by that particular Party.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The User acknowledges that the Intellectual Property rights in all the materials that have been developed by Solutions Under One Roof and provided to the User, shall vest with Solutions Under One Roof .
8.2 The User hereby agrees and acknowledges that the Intellectual Property rights in all the material created and developed by the User, including any material created and developed by the User for the performance of Services under the terms of this Agreement, shall vest with Solutions Under One Roof .
8.3 All the Intellectual Property already developed and/or owned by each Party shall continue to vest with the concerned Party.
8.4 The Parties recognize that all third-party Intellectual Property rights are the exclusive property of their respective owners.
9. NON-SOLICITATION
The User agrees and undertakes that, during the term of this Agreement, and for a period of 36 (thirty-six) months thereafter, it shall not directly or indirectly attempt in any manner to solicit, any client/customer, or to persuade any person, firm or entity which is a client/customer/supplier/vendor/partner of Solutions Under One Roof , to cease doing business or to reduce the amount of business which any such client/customer/supplier/vendor/partner has customarily done or might propose doing with Solutions Under One Roof .
10. TERM AND TERMINATION
10.1 This Agreement shall come into force on and from the date from which the User started procuring Services in any form or capacity, and shall remain in existence while the User is a user of any of the Services in any form or capacity, until terminated by either Party in accordance with the provisions of this Agreement.
10.2 The User can request for termination of the Agreement at any time with a 30 (thirty) day prior written notice subject to the provisions in the annexure for the Services undertaken. During this notice period, Solutions Under One Roof will investigate and ascertain the fulfilment of any ongoing Services and pending dues related to fees or any other amount payable by the User. The User shall be obligated to clear any dues with Solutions Under One Roof for any of its Services which the User has availed in accordance with this Agreement. Solutions Under One Roof shall not be liable to the User or any third party for any termination of User’s access to the Services.
10.3 Solutions Under One Roof reserves the right to immediately terminate this Agreement in cases where: (a) the User breaches any terms and conditions of this Agreement;
(b) Solutions Under One Roof believes in its sole discretion that the User’s actions may cause legal liability for such User or for Solutions Under One Roof or are contrary to the terms of use of the Services, or terms of this Agreement; and
(c) Solutions Under One Roof deems fit for its own convenience, without providing any reason.
10.4 Once temporarily suspended, indefinitely suspended or terminated, the User shall not continue to use the Services under the same account, a different account or re-register under a new account, unless explicitly permitted by Solutions Under One Roof .
11. MISUSE OF THE SERVICES:
Solutions Under One Roof may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any Intellectual Property rights, violating any of the terms and conditions of this Agreement, or any other behaviour that Solutions Under One Roof , in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Solutions Under One Roof has adopted a policy of terminating accounts of Users who, in Solutions Under One Roof ’s sole discretion, are deemed to be repeat infringers of any terms of use even after being warned by it. In addition, Solutions Under One Roof may also restrict, deactivate, suspend or terminate the account of any User upon the request/instructions of Solutions Under One Roof courier partner.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 This Agreement shall be governed by the laws of India and subject to the Clause below, the courts of Ahemdabad shall have exclusive jurisdiction to determine any disputes arising out of, under, or in relation, to the provisions of this Agreement.
12.2 Any dispute arising under this Agreement shall be settled by arbitration to be held in Ahemdabad in accordance with the (Indian) Arbitration and Conciliation Act, 1996, in the English language, and shall be heard and determined by a sole arbitrator appointed by Solutions Under One Roof . The decision of the sole arbitrator shall be final, conclusive and binding on the Parties. Notwithstanding the foregoing, nothing contained herein shall be deemed to prevent either Party from seeking and obtaining injunctive and/or equitable relief from any court of competent jurisdiction.
13. SEVERABILITY
The invalidity or unenforceability of any provision in this Agreement shall in no way affect the validity or enforceability of any other provision herein. In the event of the invalidity or unenforceability of any provision of this Agreement, the Parties will immediately negotiate in good faith to replace such a provision with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces.
14. FORCE MAJEURE
14.1 Neither Party shall be liable for any failure or delay in performance of any obligation, under this Agreement to the extent that such failure or delay is due to a Force Majeure Event. The Party having any such cause shall promptly notify the other Party in writing of the nature of such cause and the expected delay.
14.2 If, however, it is not feasible for a Party to prevent the occurrence of the Force Majeure Event as a result of which that Party is prevented from performing its obligation for more than 30 (thirty) days due to such Force Majeure Event (“Aggrieved Party”), the other Party may decide to release the Aggrieved Party from performing its obligation hereunder or may modify the relevant provisions of this Agreement affected by the Force Majeure Event so long as the Force Majeure Event continues, in order to enable the Aggrieved Party to perform its other obligations hereunder as so modified. However, in the event, Force Majeure Event continues for a period of more than 60 (sixty) days, the Aggrieved Party may terminate this Agreement with a written notice to the other Party.
15. ENTIRE AGREEMENT, ASSIGNMENT AND SURVIVAL
15.1 This Agreement, the annexures and any other documents entered into or delivered as contemplated in this Agreement herein sets out the entire agreement and understanding between the Parties with respect to the subject matter hereof. Unless otherwise decided by Solutions Under One Roof , the annexures containing specific terms of use supersedes all general terms of the Agreement, previous letters of intent, heads of terms, prior discussions and correspondence exchanged between the Parties in connection with the Agreement referred to herein. Similarly, unless otherwise decided by Solutions Under One Roof , the SOPs/SLAs issued in furtherance to this Agreement, shall supersedes the provisions of this Agreement and of the annexures.
15.2 This Agreement and the rights and obligations herein shall not be assigned by the User, without the written consent of Solutions Under One Roof .
15.3 The provisions which are by their nature, intended to survive the termination of this Agreement, shall survive the termination of this Agreement.
16. NO PARTNERSHIP OR AGENCY
Nothing in this Agreement (or any of the arrangements contemplated herein) shall be deemed to constitute a partnership between the Parties hereto, nor, except as may be expressly provided herein, constitute any Party as the agent of another Party for any purpose, or entitle any Party to commit or bind another Party in any manner.
17. WAIVERS AND REMEDIES
No failure or delay by the Parties in exercising any right or remedy provided by law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the Parties under or pursuant to this Agreement are cumulative, may be exercised as often as such Party considers appropriate and are in addition to its rights and remedies under the general laws of India.
18. SPECIFIC PERFORMANCE
The Parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
19. INDIRECT AND CONSEQUENTIAL LOSSES
Save as expressly provided otherwise in this Agreement, neither Party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
20. CONTACT INFORMATION
20.1 If any User has any question, issue, complaint regarding any of our Services, please contact our customer service at [email protected].
20.2 If a User has any questions concerning Solutions Under One Roof , the Services, this Agreement, or anything related to any of the foregoing, it can be reached at the following email address – [email protected] or via the contact information available from the following hyperlink www.Courier Station.in/contact.
20.3 The User hereby agrees and provides his consent to receive communications, correspondences, updates, notifications, etc. from Solutions Under One Roof through email, SMS, Whats-app and any other mode as agreed by the Parties from time to time. The Parties agree that the said communications, correspondences, updates, notifications, etc. will be legally binding on them.
20.4 Notwithstanding anything provided contrary in this Agreement, the User hereby agrees, provides his consent and further authorizes Solutions Under One Roof to share his relevant details and documents (including but not limited to business/registered name(s), phone number(s), address(es), email-id(s), bank account details, KYC documents, etc.) with the concerned judicial authority, court, police, complainant, etc. (as the case may be) in the event of a complaint been filed against the User or dispute been raised in relation to the shipment(s) made by the User.
21. DEFINITIONS AND INTERPRETATION
21.1 Definitions: In this Agreement, including in the recitals hereof, the following words, expressions and abbreviations shall have the following meanings, unless the context otherwise requires:
21.2 Interpretation: Unless the context of this Agreement otherwise requires: (a) heading and bold typeface are only for convenience and shall be ignored for the purpose of interpretation;
(b) other terms may be defined elsewhere in the text of this Agreement and, unless otherwise indicated, shall have such meaning throughout this Agreement;
(c) references to this Agreement shall be deemed to include any amendments or modifications to this Agreement, as the case may be;
(d) the terms “hereof", “herein”, “hereby”, “hereto” and derivative or similar words refer to this entire Agreement or specified Clauses of this Agreement, as the case may be;
(e) references to a particular section, clause, paragraph, sub-paragraph or schedule, exhibit or annexure shall be a reference to that section, clause, paragraph, sub- paragraph or schedule, exhibit or annexure in or to this Agreement;
“Confidential Information” means, with respect to each Party, any information or trade secrets, schedules, business plans including, without limitation, commercial information, financial projections, client information, administrative and/or organizational matters of a confidential/secret nature in whatever form which is acquired by, or disclosed to, the other Party pursuant to this Agreement, and includes any tangible or intangible non-public information that is marked or otherwise designated as ‘confidential’, ‘proprietary’, ‘restricted’, or with a similar designation by the disclosing Party at the time of its disclosure to the other Party, or is otherwise reasonably understood to be confidential by the circumstances surrounding its disclosure, but excludes information which:
(i) is required to be disclosed in a judicial or administrative proceeding, or is otherwise requested or required to be disclosed pursuant to applicable law or regulation, and
(ii) which at the time it is so acquired or disclosed, is already in the public domain or becomes so other than by reason of any breach or non-performance by the other Party of any of the provisions of this Agreement;
“Force Majeure Event” includes act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion, epidemic/pandemic or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any Party, which has the effect of wholly or partially suspending the obligations hereunder of the Party concerned; and
“Intellectual Property” means any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, domain name, industrial design, any registrations and pending applications thereof, any other intellectual property right (including without limitation any know-how, trade secret, trade right, formula, computer program, software, database and data right) and any goodwill associated with the business.
(f) reference to any legislation or law or to any provision thereof shall include references to any such law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to statutory provision shall include any subordinate legislation made from time to time under that provision;
(g) a provision of this Agreement must not be interpreted against any Party solely on the ground that the Party was responsible for the preparation of this Agreement or that provision, and the doctrine of contra proferentem does not apply vis-à-vis this Agreement;
(h) references in the singular shall include references in the plural and vice versa; and
(i) references to the word “include” shall be construed without limitation.
ANNEXURE A
Courier Station Service
Specifications
2.16 Solutions Under One Roof shall not entertain any dispute(s) regarding damage/pilferage/tampering/leakage/non-receipt of delivery/fake delivery shall be entertained by Solutions Under One Roof , after a period of 48 hours from the receipt/delivery of the said article/goods/shipment. Further, Solutions Under One Roof shall not entertain any request for providing the POD of a shipment, after a period of 72 hours from the delivery/RTO of the shipment.
2.17 The User shall ensure that the correct and complete description of the destination/address as well as all the relevant information/details and documents (including but not limited to the e-way bill number and valid GST invoice) are mentioned/provided by the User while booking/handing over a shipment. In case any incomplete/incorrect information or documents are provided by the User, the shipment may be returned from origin and the shipping charges (both forward and RTO charges) shall be levied, in addition to any damages/taxes imposed by the statutory authorities, if any, in the transit of such shipment. Such charges shall be irreversible and no claim for the return of such charges shall be entertained by Solutions Under One Roof . Further, in case of breach of this clause, Solutions Under One Roof would inter-alia have the right to levy damages/charges (along with the applicable GST amount) on the User of Rs. 1,00,000/- (Rupees One Lac only) per shipment or of such other amount as decided by Solutions Under One Roof in its sole discretion.
2.18 The User hereby agrees that, if the value of the good(s)/shipment(s) is greater than or equal to Rs. 50,000/- and where the requirement of e-way bill is mandatory, the User shall provide a valid e-way bill (during the case of RTO) to Solutions Under One Roof , within 7 days from the date of the good(s)/shipment(s) being marked as 'RTO Initiated' on User’s dashboard. In case the User fails to provide said e-way bill within the stipulated time period, then the concerned good(s)/shipment(s) may be marked as 'Disposed', and Solutions Under One Roof and/or it’s courier partner(s) shall not be held liable for any liability in relation thereto.
3.1 The User hereby agrees that the applicable shipping rate will be charged as per the current prevailing rate mentioned on the live calculator link in Users admin panel.
3.2 Solutions Under One Roof reserves the right to apply other applicable charges over and above the shipping base rates and Courier Station service charge like COD charges and other fees are as on the live calculator link in Users admin panel.
3.3 Solutions Under One Roof has the right to make any changes in the rate mentioned on the live calculator link in Users admin panel and prevailing.
3.4 Goods and Service tax and other taxes are applicable as per taxation law.
3.5 Volumetric weight is calculated LxBxH/5000 for all courier companies except for Fedex Surface, Aramex, Fedex Surface Light and Gati Surface. In case of Fedex surface, volumetric weight is calculated as LxBxH/4500, for Aramex, it is LxBxH/6000, for Fedex Surface Light, it is LxBxH/4500 and for Gati Surface, it is LxBxH/4500 (length, breadth, height has to be taken in Centimeters and divided by denominator, this will give the value in Kilograms). Other charges like address correction charges if applicable shall be charged extra. Dead/Dry weight or volumetric weight whichever is higher should be taken while calculating the rates.
3.6 In case the declared weight differs and is less than the actual weight, then shipping charges will be revised to actual weight. You will be notified regarding such discrepancy in the weight (on the dashboard) and will be given 7 (seven) working days’ notice to either accept or reject the updated weight. In the event, you accept the updated weight the same will get billed and if you reject the updated weight the same will not get billed until the matter is rectified/resolved. Further, in case you do not accept or reject the updated weight, the same will be auto accepted in 7 (seven) working days’ time period. ‘Working Days’ in this clause shall mean days on which Solutions Under One Roof is open for business, other than Saturday, Sunday and days declared by Solutions Under One Roof as holidays.
3.7 Remittance of COD amount would be made once every week.
In the event Solutions Under One Roof believes that you are shipping (or have shipped) goods/shipments wherein the declared weight differs and is less than the actual weight, then Solutions Under One Roof would inter-alia have the right to retain the custody of such shipments and to levy damages/charges (along with the applicable GST amount) on you of Rs. 1,00,000/- (Rupees One Lac only) per shipment or of such other amount as decided by Solutions Under One Roof in its sole discretion.
Please note: the remittance of the COD amount will be made within 15 days from the delivery date of the concerned shipment. However, the said COD amount will not be paid or will have to refunded by the User (if already paid) for the shipments which were originally booked on COD, however which were subsequently modified.
In case the COD amount which is already remitted to the User due to wrong status (delivered) updated by courier partner, the same amount shall be deducted from future COD payments. Further, in the event Solutions Under One Roof is not able to remit the COD amount to the User within a period of 90 days from the due date, due to any reason which is not attributable to Solutions Under One Roof (including incorrect bank details provided by the User), then the User hereby agrees to waive all its rights and claims against Solutions Under One Roof and its logistics partners arising out of or in relation to non-payment of the COD amount and Solutions Under One Roof shall have an unconditional right to forfeit such unclaimed COD amount after the expiry of said 90 days. 22
3.8 For any claims by the User the signed copy of the manifest sheet of the pick up against which the courier company has received the shipment has to be submitted along with the claim request. Without the signed manifest the request shall not be considered valid.
3.9 Said To Contain Basis & Inspection: It is expressly understood by and between the Parties that all products agreed to be delivered by Solutions Under One Roof or its logistics partners are on “SAID TO CONTAIN BASIS” i.e. Solutions Under One Roof or its logistics partners shall be under no obligation and is not expected to verify the description and contents of the products declared by the User on the docket and as such, the User shall undertake and ensure to make proper, true, fair, correct and factual declaration on the docket regarding description and value of products. Further, Solutions Under One Roof is not responsible in any way whatsoever for the merchantability of the products.
4. Terms of Payment for Prepaid Accounts
4.1 User shall agree to deposit an amount in their respective account to use our Services as per the prepaid model. This Clause 4 shall be applicable only in case of pre-paid accounts.
4.2 User agrees to recharge their account by clicking on “Recharge” and choose the amount according to your business needs and you can use this amount to ship through air and surface both.
4.3 Solutions Under One Roof reserves the right to activate your account, once the shipping credit has been made by the User.
4.4 User shall agree that with the shipment weight, it will automatically get deducted from your credit weight. As per the norms of Solutions Under One Roof logistics, you will be charged a minimum of 0.5 kgs (or in multiples) for your air shipping. Please note that the weight charges applied by the courier companies may differ but however such charges shall be adjusted in/from your Courier Station wallet limit on your Courier Station account after pick up of the shipment.
4.5 Solutions Under One Roof shall issue an invoice which will get auto adjusted (if applicable) against the credit in your account as the following conditions:
(I) If the invoice amount is more than the credit in your account
(II) If the invoice amount is less than the credit in your account.
Any queries in relation to COD remittance should be raised as a ticket on [email protected].
User shall agree that in case where the invoice amount is more than the credit in your account, the freight invoice will be marked as unpaid and it will constantly get reflected in you panel and invoice history. If you fail to pay the invoice amount, then the shipping will be suspended. To continue using Courier Station Services, you need to recharge your account for the unpaid invoice as well the new shipping limit.
4.6 User shall agree that it will be your responsibility to verify the invoices and inform the Courier Station within 5 (five) working days in case of any disputes regarding the contents of the invoice.
4.7 For any claims by the User like wrong freight being applied, Cash on Delivery missing, pilferage, in transit damage - the signed copy of the manifest sheet of the pick up against which the courier company has received the shipment has to be submitted along with the claim request. Without the signed manifest the request shall not be considered valid.
4.8 If due to any reason (including but not limited to the reason of weight discrepancy), the balance amount of the User in the Courier Station wallet becomes negative, then Solutions Under One Roof shall inter-alia have the right to hold/retain the COD Amounts for the shipments of the User.
4.9 The credit balance in the Courier Station wallet shall be available for booking shipments only for a period of 3 years from the last shipment date. In case, the User does not book any shipment for a continuous period of 3 years, then Solutions Under One Roof shall have an unconditional right to forfeit such credit balance in the Courier Station wallet after the expiry of 3 years from the last shipment date.
4.10 The User can request Solutions Under One Roof to refund the credit balance of the wallet. Any such refund request shall be subject to refund being made to the original source/mode of payment, standard time taken to process such refund and mandatorily providing of necessary KYC documents by the User to process the refund. Further, Solutions Under One Roof reserves a right to: (i) deny any request to refund the credit balance to a source being different from the original source/mode of payment; (ii) levy a surcharge (as per its sole discretion) to refund the credit balance to a source being different from the original source/mode of payment; and/or (iii) levy appropriate damages/charges (as per its sole discretion) in case Solutions Under One Roof is of the opinion that the wallet is being/has been used by the User for any unscrupulous/illegal activities or for purposes other than for payment to Solutions Under One Roof .
User shall agree that in case where the invoice amount raised is less than the credit in your account, the freight invoice amount will be automatically adjusted from your credit (if not already adjusted) and shall be marked as paid. The User shall then continue using Courier Station Services from the remaining credit amount. If as on the date of issuance of the invoice, freight invoice amount has already been the adjusted from the credit in your account, the invoice shall be generated with marked as paid.
4A. Terms of Payment for Secured Postpaid Accounts with Rolling Credit
4A.1 This Clause shall be applicable only in case of secured postpaid accounts with rolling credit, and not for normal prepaid accounts.
4A.2 User agrees to recharge their account by clicking on “Recharge” and choose the amount according to your business needs and you can use this amount to ship through air and surface both.
4A.3 Solutions Under One Roof reserves the right to activate your account, once the shipping credit has been made by the User. Thereafter, Solutions Under One Roof reserves the right to grant a rolling credit limit to the User on the basis of shipment shipped by User. If required, the User may increase its credit limit (over and above the limit granted by Solutions Under One Roof ) by recharging its account/wallet.
4A.4 Solutions Under One Roof reserves the right to adjust the used credit limit amount from the upcoming remittance of the User.
4A.5 User shall agree that with the shipment weight, it will automatically get deducted from your credit weight. As per the norms of Solutions Under One Roof logistics, you will be charged a minimum of 0.5 kgs (or in multiples) for your air shipping. Please note that the weight charges applied by the courier companies may differ but however such charges shall be adjusted in/from your Courier Station wallet limit on your Courier Station account after pick up of the shipment.
4A.6 Solutions Under One Roof shall issue an invoice which will get auto adjusted (if applicable) against the credit in your account as the following conditions:
(I) If the invoice amount is more than the credit in your account
User shall agree that in case where the invoice amount is more than the credit in your account, the freight invoice will be marked as unpaid and it will constantly get reflected in your panel and invoice history. If you fail to pay the invoice amount, then the shipping will be suspended. To continue using Courier Station Services, you need to recharge your account for the unpaid invoice as well the new shipping limit.
(II) If the invoice amount is less than the credit in your account.
User shall agree that in case where the invoice amount raised is less than the credit in your account, the freight invoice amount will be automatically adjusted from your credit (if not already adjusted) and shall be marked as paid. The User shall then continue using Courier Station Services from the remaining credit amount. If as on the date of issuance of the invoice, freight invoice amount has already been adjusted from the credit in your account, the invoice shall be generated with marked as paid.
4A.7 User shall agree that it will be your responsibility to verify the invoices and inform the Courier Station within 5 (five) working days in case of any disputes regarding the contents of the invoice.
4A.8 For any claims by the User like wrong freight being applied, Cash on Delivery missing, pilferage, in transit damage - the signed copy of the manifest sheet of the pick up against which the courier company has received the shipment has to be submitted along with the claim request. Without the signed manifest the request shall not be considered valid.
4A.9 If due to any reason (including but not limited to the reason of weight discrepancy), the balance amount of the User in the Courier Station wallet becomes negative, then Solutions Under One Roof shall inter-alia have the right to hold/retain the COD Amounts for the shipments of the User.
5.1 Solutions Under One Roof reserves the right to returned to the User, the products which are not accepted by the customer for any reason whatsoever, at the location(s) as specified by the User.
5.2 Solutions Under One Roof reserves the right to apply the RTO (return to origin) charges same as the agreed shipping rates.
5.3 User shall agree that the returns will be initiated by the logistics partners for all products which are not accepted by the customer for any reason whatsoever. You will ensure that such products are accepted at the location(s) specified by you and share the Airway bill number against which the shipment returned to the User.
5.4 In case of non-acceptance of the RTO shipment by the User or in case the User is not reachable for RTO shipment, Solutions Under One Roof reserves the right to levy suitable demurrage/incidental charges for extended storage of such products for any period exceeding 7 (seven) business days from initiation of the returns and up to 45 (forty five) days from such date. In case of non-acceptance of the products beyond 45 (forty five) days, Solutions Under One Roof has the right to dispose such products and the User will forfeit all claims in this regard towards the Courier Station also User will be required to pay charges for disposing the product, along with all other charges (including demurrage/incidental charges). Further in such a case, Solutions Under One Roof shall inter-alia have the right to: (a) retain the COD Amounts of the defaulting User; and/or (b) retain the custody of the shipments of the defaulting User which are in the possession of Solutions Under One Roof logistics partner(s); and/or (c) forfeit the security deposit amount of the defaulting User (if any) lying with Solutions Under One Roof .
6.1 “Reverse Pickup” means collection of the products by Solutions Under One Roof from the customer’s address as specified by the User and the delivery of such products at a location mutually agreed between the Parties.
6.2 User shall agree that in case of a reverse pick up of orders, it shall be your responsibility, in case a reverse pick up is requested by the User the same shall be charged as per the courier company charges only, additional to the reverse freight charges which are equal to the delivery freight charges as mentioned in the proposal.
6.3 Solutions Under One Roof and Solutions Under One Roof ’s logistics partners shall not be responsible for verifying the contents of the products handed over by the customer to it delivery personnel. The packaging of such products shall also be the sole responsibility of the customer. The packaging should be good enough to ensure no damage in transit. The sole responsibility of the contents of the packed consignment shall lie with the end customer. Solutions Under One Roof and Solutions Under One Roof ’s logistics partners shall be, in no way, responsible for any shortage or damage of such consignments unless the same is caused solely due to the gross negligence of Solutions Under One Roof .
6.4 It is the responsibility of the User/its customer that on receipt of the shipment initiated through reverse pickup, share the AWB number on which the logistics partner has delivered the shipment.
7. Liability for “Forward Delivery”
7.1 Notwithstanding anything contrary contained in this Agreement, the maximum liability of Solutions Under One Roof per shipment will be INR 500 (Indian Rupees Five Thousand) in case of a claim under this Agreement (due to any reason including damage, lost, theft, etc.) by the User, provided that such claim is raised by the User within the timelines specified under this Agreement and, in any event, not later than thirty (30) days from the shipment pick up date - failing which the User forfeits and waves its rights for such claim. Any claims by the User should be submitted within the specified time period along with the copy of the signed shipping manifest.
In relation to the above, it is clarified that:
(a) in case of a claim under this Agreement by the User (due to any reason including damage, lost, theft, etc.), Solutions Under One Roof shall only be liable to pay INR 500 or the product value of the shipment, whichever is less, except in cases where Solutions Under One Roof has received a request from the User (within 7 days of the lost/damage declared date) for procuring certificate of facts (COF) from the concerned courier company. In such a case, Solutions Under One Roof shall only be required to arrange the COF from the concerned courier company, and will not be liable to pay any compensation to the User;
(b) in relation to claims for damage shipments, it is hereby clarified that the amount of compensation shall depend upon the quantum/percentage of damage as against the full product value of the shipment;
(c) the claim amount already credited to the User on account of incorrect status or shipment shall be refunded by the User (by way of deduction from User’s wallet, future COD amountsor otherwise) in case the concerned shipment has been traced and delivered/RTO delivered to the User.
7.2 The User agrees that all claims relating to:
(i) damage to the shipment must be notified to Solutions Under One Roof in writing within forty-eight (48) hours of the delivery of shipment; and
(ii) loss/theft of the shipment must be notified to Solutions Under One Roof in writing within thirty (30) days of the shipment pickup date.
7.3 It is hereby informed and agreed that Solutions Under One Roof and/or its courier partner(s) shall not be responsible for any damage to the shipments which include liquid or fragile items/products (including but no t limited to liquid cosmetic, beauty products and glass items).
8. Termination
Courier Station services stay active till 10 (ten) days from the date of the last unpaid invoice, the User shall be charged for the period for which the invoice has been raised. The User must request termination before the next billing cycle starts and/or the next invoice, is generated, or the cancelation request does not count. There is no pro-rated refund of remaining service period in the current billing cycle.
The customer can request for termination by simply writing an email to [email protected] with the following information and request of termination:
• o name of the User;
• o name of the store & Company ID; and
• o reason for termination.
ANNEXURE B
Indicative List
Dangerous Goods:
• a. Oil-based paint and thinners (flammable liquids)
• b. Industrial solvents
• c. Insecticides, garden chemicals (fertilizers, poisons)
• d. Lithium batteries
• e. Magnetized materials
• f. Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
• g. Fuel for camp stoves, lanterns, torches or heating elements
• h. Automobile batteries
• i. Infectious substances
• j. Any compound, liquid or gas that has toxic characteristics
• k. Bleach
• l. Flammable adhesives
• m. Arms and ammunitions (including air guns)
• n. Dry ice (Carbon Dioxide, Solid)
• o. Any Aerosols, liquids and/or powders or any other flammable substances classified as Dangerous Goods for transport by Air
Restricted Items:
• a. Precious stones, gems and jewellery
• b. Uncrossed (bearer) drafts / cheque, currency and coins
• c. Poison
• d. Firearms, explosives and military equipment.
• e. Hazardous and radioactive material
• f. Foodstuff and liquor
• g. Any pornographic material
• h. Hazardous chemical items
Counterfeit or Fraud Products/Shipments:
It is the policy of Solutions Under One Roof to conduct all business activities in compliance with the rules and regulations applicable to the industry and laws of India, with the highest ethical standards. In this regard, Solutions Under One Roof has a zero tolerance policy with respect to counterfeit or fraud products/shipments (including products/shipments which are misrepresented in their origin or quality, or which are fake, cloned, duplicate or likewise products/shipments).
Accordingly, in the event Solutions Under One Roof believes that you or any of your customer are shipping/selling (or have shipped) counterfeit or fraud product/shipment (including any counterfeit electronic product, not limited to mobile phones, smart watches and likewise products), Solutions Under One Roof would inter-alia have the right:
(i) to seize such product/shipment,
(ii) to report the incident to the appropriate government authority/police station,
i (iii) to blacklist you/your customer from trading/doing business with Solutions Under One Roof ,
ii (iv) to levy liquidated damages of upto Rs. 10,000 per counterfeit/fraud shipment (amount and counterfeit/fraud shipment to be decided by Solutions Under One Roof at its sole discretion) and applicable GST amount on said damages, on account of estimated legal expenses which will be spent by Solutions Under One Roof or actual expenses in case the actual amount exceeds the above threshold of Rs.10,000/-,
iii (v) to levy liquidated damages of upto Rs. 1,00,000 (and applicable GST amount on said damages) on you/your customer (amount to be decided by Solutions Under One Roof at its sole discretion) on account of causing reputational and goodwill loss to Solutions Under One Roof ,
iv (vi) to levy/charge a “security deposit” of an appropriate amount (amount to be decided by Solutions Under One Roof at its sole discretion) from you so as to cover any future losses which Solutions Under One Roof may incur on account of counterfeit/fraud shipment made by you,
v (vii) to block/retain the entire COD amount of yours/your customer lying with Solutions Under One Roof /its courier partner,
vi (viii) to seize all the products of yours/your customer lying with Solutions Under One Roof /its courier partner and also to dispose such products (without any intimation to you) after a period of 90 days from the date of seizure; and/or
vii (ix) to forfeit the entire security deposit amount lying with Solutions Under One Roof .
Disputed Shipments/Cases:
Solutions Under One Roof , in its sole discretion, shall have the right to levy damages/charges (along with the applicable GST amount) on you in relation to shipments/cases which have been disputed by the courier companies, your customers or by any third party (including any governmental authority/department). The amount of said damages/charges shall be decided by Solutions Under One Roof in its sole discretion and may vary from case to case.
Shipping Non-Essential Items in Government Prohibited Areas
In the event Solutions Under One Roof believes that you are shipping (or have shipped) non-essential items/products in the restricted/prohibited area (such as red and containment zone/area, as declared by the Central or the relevant State Governments of India), then Solutions Under One Roof would inter-alia have the right to levy penalty or liquidated damages on you of Rs. 10,000 per shipment (along with applicable GST amount) on account of estimated legal expenses which will be spent by Solutions Under One Roof and for causing of reputational and goodwill loss to Solutions Under One Roof , or the actual damages/losses/expenses in case the actual amount exceeds the above minimum threshold of Rs.10,000/-, as may be determined at the sole discretion of Solutions Under One Roof .
Policy
- 1.) You may cancel your account at anytime by emailing [email protected]
- 2.) Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- 3.) If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- 4.) We reserve the right to modify or terminate the courier station service for any reason, without notice at any time.
- 5.) Fraud: Without limiting any other remedies, Solutions Under One Roof may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Note: No refunds are offered, even if a plan is canceled mid-month.
contact us
Get in touch with us easily