LogIQ Labs Pvt Ltd is a private limited company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at, 400/11, 20th R Cross, Bhuvaneshwari Nagar, Hebbal, Bangalore – 560 024, (the “Company”) which has built a digital platform that helps B2B enterprises in booking commercial carriers for shipping of their products within India and abroad, through its website www.eShipz.com (“Website”). The Company only offers the digital platform and does not provide any other services in connection with the delivery/ shipping of the goods.
You agree not (i) license, sublicense, sell, resell, reproduce, duplicate, copy, deconstruct, transfer, assign, distribute or otherwise commercially exploit any part of the SaaS Service; (ii) modify or make derivative works based upon the SaaS Service; (iii) create Internet “links” to the SaaS Service or “frame” or “mirror” any Customer Data on any other server or wireless or Internet-based device, unless expressly permitted in writing by the Company; or (iv) reverse engineer the underlying software in the SaaS Service or access the SaaS Service in order to (a) build a competitive product or SaaS Service, or (b) build a product using similar ideas, features, functions or graphics as the underlying software in the SaaS Service, or (c) copy, distribute, publish any ideas, features, functions or graphics of the SaaS Service;(v) use the SaaS Service for any purpose apart from the business purpose;(vi) modify, disrupt or interfere with the SaaS Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms,trojan horses or any other malicious code; and (vii) excessively overload the servers provided by the Company or systems used to provide the SaaS Service.
All Intellectual Property Rights in (i) the technology, software applications and tools used in providing the SaaS Service through the Website, designed and developed by the Company, including its layout and architecture (ii) any of the other SaaS Services (collectively “Company Intellectual Property”) belong to and are the sole property of the Company. You hereby acknowledge and agree that all Intellectual Property Rights existing or arising in any Company Intellectual Property will at all times belong to and remain vested in the Company.
The Company Intellectual Property is provided “AS IS” only for the use contemplated hereunder and may not be otherwise used, or copied, sold, modified, reproduced, distributed, transmitted, broadcast, displayed, performed, licensed, or otherwise exploited for any other purposes whatsoever without Company’s prior written consent.
You hereby warrant that: (i) you are the owner of the Customer Data, or has been granted all the rights necessary from the owner of such Customer Data to submit such Customer Data to the Company; (ii) the use of such Customer Data will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party or the provisions of applicable law; (iii) in the case of Customer Data that constitutes personal information of any individual, you have obtained requisite consent from such individual for use of such personal information and that you are otherwise in compliance with all data privacy and protection laws applicable to the collection, storage, processing or transfer of such personal information which forms a part of the Customer Data.
You hereby grant the Company the right to use such Customer Data (where owned by you) or agree to procure such right (where not owned by you), only for the purpose of availing the SaaS Service provided by the Company. The Company does not obtain any right, title or interest in the Customer Data, except as specifically granted herein in order to provide the SaaS Services to you.
You acknowledge that we do not pre-screen Customer Data. However, the Company and its designees, contractors or subsidiaries will have the right (but not the obligation) in their sole discretion to refuse or to remove any Customer Data that is available via the SaaS Services. You agree that you are responsible for the accuracy, completeness, quality, integrity, legality, reliability, appropriateness and intellectual property ownership of the Customer Data.
You understand, acknowledge and agree that the Company has no responsibility or liability for the unauthorised, wilful or negligent access or use of, deletion, corruption, or alteration of, or the failure to upload, store or retrieve any main Customer Data retained or transmitted by the SaaS Service.
Upon deletion or return of Customer Data, as the case may be, the Company will cease to have any obligation under this Agreement or law, in relation to the Customer Data.
YOUR USE OF THE SAASSERVICE(S) IS AT YOUR SOLE RISK. THE SAAS SERVICE(S) IS PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SAAS SERVICE(S) INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA LOSS, NON- INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS, OR THE ACCURACY, RELIABILITY OR QUALITY OF THE SAAS SERVICE(S).
THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (IF ANY) MAKE NO WARRANTY THAT (i) THE SAAS SERVICE(S) WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SAAS SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SAAS SERVICE(S), INCLUDING BUT NOT LIMITED TO REPORTS, ETC, WILL BE ACCURATE OR RELIABLE, AND (iv) THAT THE SAAS SERVICE(S) WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE OR SYSTEM. WHILE THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT UNAUTHORIZED ACCESS TO CUSTOMER DATA, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS MAKE NO WARRANTY THAT SUCH CUSTOMER DATA WILL BE SECURE AGAINST SUCH UNAUTHORIZED ACCESS OR OTHER SECURITY BREACHES. THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE YOUR USE OF THE SAAS SERVICE(S) WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS IN INDIA OR ACROSS THE WORLD. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SAAS SERVICE(S), RELATED SAAS SERVICES OR CUSTOMER DATA IS IN ACCORDANCE WITH APPLICABLE LAW. USE OF THE SAAS SERVICE(S) AND THE ACCOUNT ARE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE ACCOUNT RESULTING FROM THE USE OF THE SAAS SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAAS SERVICE(S) IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SAAS SERVICE(S) WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree to indemnify and hold harmless the Company, its subsidiaries and affiliates, and its and their directors, officers, agents and employees (“Indemnitees”), from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, (i) the use of the SaaS Service(s), (ii) violation of the Agreement, or any proprietary or other rights of another by you; or (iii) your breach of any confidentiality obligations owed to another. You further agree and acknowledge that the Indemnitees are not liable or responsible in any way for any errors, omissions or any other actions arising out of or related to the use of the SaaS Service(s).
You also shall at your cost and expense (i) defend or settle any claim brought against Indemnitee(s)” by an unaffiliated third party alleging that the Customer Data infringes or violates a third party’s intellectual property or privacy right(s), and (ii) pay, indemnify and hold the Indemnitees harmless from any settlement of such claim or any damages finally awarded to such third party by a court of competent jurisdiction as a result of such claim
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PROCUREMENT OF SUBSTITUTE SAAS SERVICES, OR ANY OTHER PECUNIARY LOSS) LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES OR EXEMPLARY DAMAGES, RESULTING FROM: (i) THESE OR THE INABILITY TO USE THE SAAS SERVICE(S); (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SAAS SERVICE(S); OR (iii) ANY OTHER MATTER RELATING TO THE SAAS SERVICE(S).
YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SAAS SERVICE(S); (b) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) UNAUTHORIZED ACCESS TO CUSTOMER DATA ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILIZED IN, THE SAAS SERVICE(S); OR (d) EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL.
IN NO EVENT WILL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED EITHER (a) THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMAPNY FOR THE SAAS SERVICE(S), OR (b) One MONTH SUBSCRIPTION FEES, WHICHEVER IS LESSER.
The Website will contain links to third party websites including to the Payment Gateway that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve the Company from any and all liability arising from its use of any third-party websites as aforesaid.
You understand and acknowledge that for the purposes of any Data Protection Laws, you (Customer) shall be deemed to be the “Data Controller” on whose instructions any Personal Information or Data is processed by the Company for the provision of Services to you and the Company shall be deemed to be the Data Processor, who processes any Personal Data or Information as per the Data Controller’s instructions. Under no circumstances will the Company be deemed a data controller with respect to Personal Information under Data Protection Laws.
You being the Data Controller shall, upon termination or expiration of this agreement and by way of issuing an instruction, stipulate, within a period of time set by the Company, the reasonable measures to return data or to delete stored data. Any additional cost arising in connection with the return or deletion of any Personal Information or Data after the termination or expiration of the Agreement shall be borne by you.
You may terminate your Account or Subscription at any time, for any reason by writing to us at [email protected] . You agree that you may not be entitled to any refund of any monies.
We may terminate your access to the Website/your Subscription/Account upon sending notice to you at the email address as provided by you during registration but not limited to the following:
To combat potential fraud, sabotage, willful destruction, threat to national security or for any other force majeure event; or
If the Company believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
In the event the Company terminates your Account/Subscription for convenience during the pendency of any SaaS Service, then at its sole option, the Company may either refund the Subscription Fees after deducting therefrom such amounts as are commensurate with the SaaS Services already rendered, or continue providing the relevant SaaS Services till the expiry of the relevant period for which the Subscription has been paid.
These Terms shall be governed by the laws of Republic of India. These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Please email us at [email protected] if you have any questions regarding these Terms and Conditions.