Boxnbiz Technologies Pvt. Ltd.

TERMS AND CONDITIONS

TERMS OF USER AGREEMENT (SHIPPER/PARTNER/BUYER OF SERVICE)

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name www.boxnbiz.com ("Site") is owned by Boxnbiz technologies Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at #31/2A, Saideep Arcade, 2nd Floor, NRI Layout Main Road., Ramamurthy Nagar, Kalkere, Banglore, Karnataka -  560016 ("Boxnbiz"). The objective of the Website is to provide a digital freight forwarding services platform offering multiple ocean/air freight booking options with competitive pricing, real-time shipment status, and historical analysis displayed on the Website ("Services").

BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (INCLUDING THE POLICIES), AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR OUR POLICIES, PLEASE DO NOT USE THE SITE.

UNDER THIS AGREEMENT WE LIMIT OUR LIABILITY TO YOU AND YOU INDEMNIFY US AGAINST CERTAIN LOSSES WE MAY SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE. THESE TERMS AND CONDITIONS INCLUDE ALL MODIFICATIONS UP TO AND INCLUDING TODAY'S DATE.

  1. Agreement: This Agreement describes the terms and conditions that govern your use of the Site. This Agreement and our policies constitute the entire agreement in relation to the Site and your use of the Site. Access to this Site is subject to your acceptance of this Agreement.
  2. Interpretation: For the purpose of Agreement, wherever the context so requires, the term:
  3. Modifications to this Agreement: We may at any time modify any of the terms and conditions of this Agreement and/or the terms of our policies. Unless we notify you in writing or otherwise, modifications to this Agreement or our policies are effective upon being posted on the Site. You agree to check this Site regularly for modifications and other notices. Your continued use of the Site following a modification of this Agreement or a policy constitutes your acceptance of all modifications posted on this Site. If you do not agree to a modification, you may terminate this Agreement by notifying us in writing and/or discontinue using this Site and the Services. If, after any changes to this Agreement or any of our policies, you continue to use our Site, you will be considered to have accepted the varied terms and conditions as part of the Agreement.
  4. Eligibility: Use of the Site is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Site. Any person under the age of 18 years shall not register on the Site and shall not transact on or use the Site. Boxnbiz reserves the right to terminate any Person’s membership and/or refuse to provide such Person with access to the Site if it is brought to Boxnbiz’s notice or if it is discovered that such Person is not eligible to use the Site.
  5. Membership: We offer our services to our members. By agreeing to the terms and conditions of this Agreement, you acknowledge that you are eligible to enter into legally binding contracts of this nature. We reserve the right to change our services and suspend, terminate or restrict your membership at any time, in accordance with the terms of this Agreement or our policies. If we change our services or suspend or terminate your membership, you may be prevented from accessing our services either temporarily or permanently. If your membership is suspended or terminated, you are prohibited from applying for a new membership account with us. Your membership is not transferable. Your account (including feedback and any associated user identification) may not be dealt with in any way by any third parties. You must not allow third parties to use your account and you must not transfer or sell your account to a third party. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through your account. As a member, you are responsible for maintaining control of your account and for any activity that occurs on your account. To maintain the safety of the Site and our services, you must report any unauthorized use of your account and associated user identification to us as soon as possible after becoming aware of the unauthorized use. Any response from Boxnbiz regarding this will be sent to the e-mail address which was used at the time of sign up. You shall ensure that you exit from the account at the end of each session. Use of another user’s account information for availing the Services of the Site is expressly prohibited. You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if Boxnbiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Agreement, Boxnbiz shall have the right to indefinitely suspend or terminate or block access of your membership on the Site and refuse to provide you with access to the Site.
  6. Fraud: Without limiting any remedies available to us at law, in equity or under this Agreement, we may, in our sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government agency that you have engaged in or may engage in fraudulent or illegal activity using, or otherwise in connection with your use of our Site and you will have no claim whatsoever against us in respect of any suspension or termination of your membership under this clause 9.
  7. Your listings: You are solely responsible for the Information you provide and by using the Site, you agree that you will keep your Information up to date and information and/or contents posted by you are in accordance with applicable laws. We are a passive conduit for the online distribution and publication of your Information. We are not responsible for the content of the Information you provide. We may remove your information from the Site at our sole discretion. You must not provide Information that is potentially or actually harmful to us, the Site or any third party and/or in contravention of any laws, rules, and regulation. In this clause 10 "harm" includes, but is not limited to, a purely economic loss that we may or will suffer.
  8. Cancellations: In the event, a shipment does not proceed AFTER a quote is accepted on the Site by the Buyer, but BEFORE any services are performed by the Seller, a cancellation is deemed to have occurred. In the event of a cancellation, the member may be contacted and requested to provide information which confirms the basis of the cancellation. This may include written confirmation of the cancellation signed by both the Buyer and the Seller, including reasons for the cancellation, identification of the party responsible for the cancellation, and comments. A cancellation will entitle Boxnbiz at its discretion, to cancel a member's membership. Failure to exercise this discretion and cancel a member's membership after a cancellation does not prejudice Boxnbiz’s right to cancel a member's membership for a subsequent cancellation. Note: A cancellation is not deemed to have occurred if the shipment is delayed or rescheduled at a time suitable to both the Buyer and the Seller. Excessive cancellations by a member may impact their Boxnbiz rating.
  9. Feedback: We have a member-initiated feedback system to provide evaluations of the members that party has dealt with. Any feedback provided by you or third parties in relation to your activities on the Site is owned by us. You may use the feedback only for the purposes of conducting your activities on our Site and only while you remain a member of this Site. You must not use your feedback on this Site in any other venue or for any other purpose. You must not do or omit to do anything that will or is likely to undermine the integrity of the feedback system. We can suspend or terminate your membership if we are concerned with any feedback about you. Feedback must not be defamatory and must not be false or misleading. You further represent and warrant that while posting feedback on the Site you shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Site that is obscene, pornographic, constitutes an “indecent representation of women” as provided in the Indecent Representation of Women (Prohibition) Act, 1986.
  10. Disputes: We do not warrant that transactions between members will be free of disputes. We are not responsible for resolving disputes between you and other members and we will not resolve or attempt to resolve disputes between you and other members. You agree that if you have a dispute with one or more members of this Site, all disputes must be resolved between you and the relevant member(s). Under this Agreement, you acknowledge that if we are contacted by a member that claims to have a dispute with you regarding the provision of Freight Services, you agree hereby expressly that we can release your contact information to that member and/or any other authorities and person at our sole discretion in order for the dispute between you and the member to be resolved. You hereby irrevocably and unconditionally release us from all claims, demands, and damages (actual and consequential) arising out of or connected with the dispute or our release of your contact information. Any dispute you have with us should be reported to us via email at support@boxnbiz.com to enable us to attempt to resolve the dispute.
  11. Communications: We will send you communications and notices regarding your transactions and your account on the Site. These communications are not an endorsement, guarantee or a legitimization of your transactions. You are responsible for completing all transactions you participate in, which includes complying with all relevant legal obligations including without limitation your legal obligations in relation to the purchase of the services, and the shipping of any cargo.
  12. Unauthorized activity: You must not:
  13. License: To enable us to use the Information, you agree to grant us an irrevocable, non-exclusive, perpetual, royalty-free, sub-licensable, worldwide license to do all acts comprised in the copyright and to exercise the publicity and database rights you have in the Information, in any media, with respect to the Information. We will only use the Information in accordance with our Privacy Policy.
  14. Confidential information: Unless provided otherwise by us in writing, you must keep confidential, and not use or disclose, any of our information (including material obtained through the Site and your username and password for the Site) that is marked as confidential information or which is by its nature is confidential information, excluding information which is public knowledge (other than as a result of breach of confidentiality by you), is in your prior possession or that is otherwise acquired or developed by you independently of us. Upon our written request, you must return or destroy all copies of confidential information in your custody or control.
  15. Non-identifiable user data: We shall be entitled to obtain and aggregate technical and other data about your use of the Site and Services that is non-personally identifiable with respect to you, whether as a Buyer or a Seller ("Aggregated Anonymous Data"). We shall further be entitled to use the Aggregated Anonymous Data to improve, support and operate the Services. It is however clarified that you will not be identified as the source of any Aggregated Anonymous Data and no personal information will be collected as a part of Aggregate Anonymous Data.
  16. Privacy: Our Privacy Policy sets out the information (including personal information) we collect, and how we use it when you access and use this website. In addition to our privacy policy, we receive, collect and store any information you enter on the Site or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password, computer and connection information, and purchase history. We may use software tools to measure and collect session information. We also collect personally identifiable information (including name, email, password, and communications), payment details (including credit card information), comments, feedback, and reviews. We collect such information for the following purposes:

We will respond to such requests in reasonable time within the time limits established by the applicable law.

In the event that you opt out, you should neither visit any Website nor use any services provided by Boxnbiz entities nor shall you contact any of the Boxnbiz entities. Further, Boxnbiz may not deliver products to you, upon your order, or Boxnbiz may deny you access from using certain services offered on the Website.

Your personal information will be disclosed to other members of this Site in the event that the member contacts us and claims that you and the other member are in dispute in relation to a transaction that was arranged via the Site, in order for the dispute to be resolved. If you wish to obtain more information about the Boxnbiz Privacy Policy, including how to access personal information we hold about you, seek the correction of information held about you, or how to complain about a breach of the Privacy Policy and how Boxnbiz will deal with such a complaint, the Boxnbiz Privacy Policy may be accessed here https://www.boxnbiz.com/privacy-policy. We may disclose your personal information to an overseas and/or domestic service provider, for example, an overseas/domestic freight forwarder or carrier that is a member of Boxnbiz, an import/export organization, travel provider, a cloud data center or a customer information call center. Our overseas service providers may be located in Europe, the Americas, Asia or Africa. You hereby expressly agree that we are allowed to disclose your information to a Boxnbiz supplier without obtaining your consent prior to each disclosure. If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations. If you wish to speak with Boxnbiz about this Privacy Collection Statement, or the Privacy Policy, you may do so by contacting us support@boxnbiz.com.

  1. Intellectual property: The Site includes material which may be protected by copyright, trademark, or other intellectual property laws in India or elsewhere and all rights in relation to such material is owned by or licensed to us unless otherwise stated. You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by Boxnbiz through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Boxnbiz and such others. You hereby agree to protect the proprietary rights of Boxnbiz during and after the term of this Agreement. You may not selectively download portions of the Site without retaining the copyright notices. You may download material from the Site only for the purpose intended by this Agreement. Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.
  2. Warranty: You warrant to us that:
  3. Authority: If you accept this Agreement, or obtain access to the Site, on behalf of an employer, client or principal, you warrant that you have the express or implied authority to accept this Agreement on that person's behalf and agree that this Agreement is also binding on that person.
  4. Access: Notwithstanding your acceptance of this Agreement, we are under no obligation to provide access to the Site or guarantee its availability or operation in any form and may suspend or terminate access to the Site or make changes to the Site at any time without notice to you.
  5. Access method: We may require you to use a username and password or other authentication or security method in order to access and use the Site. You must keep your username and password secure at all times.
  6. No agency: Entry into this Agreement does not give rise to an agency, partnership, joint venture, employee-employer or other similar relationship in whatsoever nature. You do not have any other authority to bind us or our related entities or affiliates in any way.
  7. Liability: You are responsible for all access and use of the Site that occurs through the use of your username and password. Each act or omission in the course of accessing the Site is deemed to have been performed by you, regardless of whether that act or omission was undertaken by you.
  8. Notice: You must immediately notify us if you become aware of any suspected or actual:

You must take all steps reasonably within your power to mitigate, prevent or stop any such conduct and provide all assistance reasonably requested by us in relation to any actions or proceedings we may take against any person for any such conduct.

  1. Termination: You may terminate your account with us by providing us with 30-days written notice of your decision to terminate the use of the Site
  2. DISCLAIMERS:
  3. LIMITATION OF LIABILITY:
  4. INDEMNITY:
  5. Jurisdiction: This Agreement is governed by the laws of India. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Bangalore and Courts competent to hear appeals from those Courts.
  6. Severance: Where any provision (or part) of this Agreement is held to be illegal or unenforceable, it may be severed, and shall in no way affect or prejudice the enforceability of the other terms or conditions of this Agreement.
  7. Contact Any notices or queries in relation to the Site or this Agreement must be directed to:
BOXNBIZ TECHNOLOGIES PVT. LTD.
#31/2A, Saideep Arcade, 2nd Floor,
NRI Layout Main Road, Ramamurthy Nagar,
Kalkere, Bangalore, Karnataka - 560016
Mail: team@boxnbiz.com