These Terms and Conditions of Use shall apply to all Users who access the Website (as defined below) and to all Persons to whom Services are provided by HIPSHIP ONLINE SERVICE Private Limited (hereinafter “HipShip”), the owner of the Website, through the Website.
The Website is essentially an online platform where Authorized Users may browse and avail logistic services provided by Service Providers (as defined below) through the Website (as defined below) and as detailed on the Website.
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and HipShip vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not access the Website or use the Services. If you have any questions about the Terms, please drop a mail at firstname.lastname@example.org
Use and access of the Website and the Services is void where prohibited. By using the Website or the Services, the User agrees that the User’s consent and acceptance of the Terms have been given freely, with full knowledge of the nature of the terms and without fraud, coercion or undue influence. By using or accessing the Website or Services, the User further represents that the User has the necessary capacity to contract under Indian laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform HipShip of any subsequent disability to contract, upon which HipShip shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
HipShip may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, you shall be deemed to be an Unauthorized User and HipShip shall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in India. HipShip shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
- ”Service Provider” shall mean any Person who will be providing the services defined hereunder to the Authorized User in pursuance of the order placed on the Website and subject to the Terms;
- “Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and HipShip, and shall be the date from which a User first accessed or uses the Website or registers with the Website or begins availing the Services, whichever is earliest;
- “Date of Termination” shall mean the date on which the User Agreement is terminated in accordance with the Terms;
- “HipShip” or “we/our/us” shall mean HipShip Online Service Private Limited , a Private Limited company, incorporated under the laws of India, having its registered of office at 50 K.H.Road, Bangalore - 560027, being the owner of the Website and its representatives, officers, successors and assignees; and as referred to in these Terms (as defined below);
- “Intellectual Property" shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered;
- “Person” shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated;
- “Registered Account” shall mean the account granted to a Registered User with the Website after registration by the User with the Website which may be used for future transactions as well;
- “Services” shall mean the services offered by Hipship through the Website whereby an Authorized User may access the Website to avail the following logistic services from Service Providers:
1. Courier Services
2. Packing and Relocating Services
3. Freight Forwarding Services
- “User(s)” or “You/Your” shall include both Authorized Users (as defined below) and Unauthorized Users (as defined below);
- “Authorized User” shall include: (i) Registered Users, i.e., Persons registered with the Website with a User login ID and password and who hold Registered Accounts, (ii) Guest Users, i.e. Persons other than Registered Users who have access to the Website with the intention to browse the Services available without a Registered Account in the manner stated below, and (iii) persons other than Unauthorized Users;
- “Unauthorized User” would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same;
- “User Agreement” shall mean the legally binding contract deemed to exist between a User and HipShip and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind HipShip to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder;
- “Website” shall mean the e-commerce website “www.hipship.com” and further web pages/websites created by or on behalf of HipShip related to the above-mentioned site;
- “Registered Account” shall mean the user accounts created by the Users on the Website with a User login ID and password for the purpose of availing of the Services and all codes, information, passwords and other information pertaining to the Registered Account;
- “Dangerous Goods” shall mean anything classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), International Maritime Dangerous Goods (IMDG) Code and any applicable government department or other such relevant organization or other national regulations for transport;
- “Prohibited Article” shall mean and include articles such as currency, bearer cheques hundis, investment or share certificates, articles or other similar documents, gold and silver articles or jewelry, precious stones, perishable goods, fragile items, flammable goods, liquids, semi-liquids, narcotics, lottery tickets and any other such item prohibited by law;
- “Shipment” shall mean any envelope, document, package, parcel, shipment or freight which is or are given to and accepted by us/ Service Provider for Services undertaken under this User Agreement.
The singular includes the plural and vice versa, and words importing a gender include other genders.
All references to requirements of notice to, permission or consent of, or communication with HipShip shall be construed as being required to be given to, or received from, the authorized personnel alone of HipShip.
Role of HipShip
The role of HipShip is that of an intermediary and the Website is in the nature of an online marketplace whereby Users/ Authorized Users may browse through the various Services which may be availed through the Website from the Service Providers. In this regard, it is clarified that the role of HipShip is limited to putting the Registered Users in touch with the relevant Service Providers for the provision of the Services. HipShip does not assume responsibility for the Services provided by the Service Providers.
Browsing, Access and Placing Orders on the Website
You may access the Website for obtaining information on the Services offered through the Website, availing of the Services, obtaining information regarding Service Providers (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.
When you access the Website or in order to avail of the Services on the Website, you may do so by creating a Registered Account on the Website. You will be permitted to access and browse the Website without creating a Registered Account (Guest User) provided that you are not an Unauthorized User. You may use this Registered Account for future transactions or interactions with the Website as well.
We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:
We provide information about our promotions, offers and discounts to our Registered Users regularly;
Certain details, such as shipping addresses and contact details, will be stored for future transactions as well; and,
You can also browse the history of your Registered Account including past transactions;
You may be required to submit certain information mandatorily in order to open a Registered Account or avail of the Services. In the event that you do not submit such information, HipShip shall have the right to restrict the nature of Services made available to you and may also refuse to provide all or any Services to you. All such mandatory information as well as optional information shall be true and correct in every aspect. You shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. HipShip shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to HipShip or for ensuring the authenticity of any information. For more information on HipShip’s and User’s liabilities for information, please see the Disclaimer available here.
Registered Account Access
The User shall keep confidential and not disclose to any Person information pertaining to the User’s Registered Account and all activities carried out by the User through his/her Registered Account.
The User shall access the Website and avail the Services only through his own Registered Account validly created and shall not permit any other Person to use or access the Website or Services through the User’s Registered Account.
The User shall immediately notify HipShip of any unauthorized use of the User's Registered Account or any other breach of security known to the User vis-à-vis the Registered Account.
The User shall be responsible for the set-up or configuration of his equipment for access to the Website and the Services.
The User shall be fully liable for all transactions and activity carried out through the User’s Registered Account, unless the User has informed HipShip about any hacking, breach of security or unauthorized access of the Registered Account, whether past, possible or threatened.
We do not carry, or provide any Services regarding goods, which in the sole opinion of HipShip fall under the category of Dangerous Goods, including but not limited to those specified under the various regulations and guidelines or codes applicable to HipShip in the conduct of its business of providing Services to the User.
The User should ensure and thereby certify while placing the order on our Website that the Shipment does not contain a Prohibited Article as specified under any national or international regulations that govern aviation, railway and road security. The User must give a full description of the articles being shipped, however, the role and responsibility of the User is not extinguished upon providing such information.
HipShip shall not entertain any claim for Prohibited Articles and such Prohibited Articles shall not be accepted by HipShip or the Service Provider for Shipment.
HipShip is not liable if it does not fulfill any obligations that it has towards the User as a result of circumstances beyond its control such as acts of God, force majeure, local or national disruptions in air, rail or road transportation networks and mechanical issues to any mode of such transport, acts or omissions of the User or any third party such as theft, arson etc. or the act or omission of any airline, railway or road transport government official.
The User hereby guarantees and undertakes the following:
That the contents of the Shipment have been clearly described and all documents as required for the transport including invoice and permits, if any, have been enclosed along with the Shipment;
That the contents of the Shipment as well as the Receiver’s address to which the Shipment has to be delivered has been accurately and legibly written and securely fixed in a prominent position on the outer surface of the packaging so that it is clearly visible.
That the contents of the Shipment have been packed safely and carefully with thick paper material to withstand the handling in case of Couriers and in case of Packing and Relocation Services or Freight Forwarding, that the contents of the Shipment have been packed in boxes of hardy material and where necessary have been clearly marked as “Fragile” to bear the impact of travel.
That the User is well aware of the contents of the Shipment and represents that the contents are not Dangerous Goods or restricted by the applicable regulations.
That all documents provided by the User with regard to any Shipment are true and correct to the knowledge of the User and that in the event the User has made a misrepresentation or fraudulent statement, he/she would risk the penalties imposed which may include forfeiture and sale.
That the weight of the Shipment has been accurately checked and declared at the time of handing it to the personnel.
That in case of the Shipment weighing more than 30 kilograms, the User has fixed a “Heavy Weight” label in a prominent place on the Shipment so it is clearly visible.
That when the User has asked a receiver or third party to pay for the Services and if such receiver or third party fails to do so, the User will promptly make the payment to HipShip along with an administration fee, in full, within 7 (Seven) days of HipShip sending the invoice to the User.
To indemnify HipShip or the Service Provider against any costs, damages or other expenses such as legal costs incurred by the User or any third party arising out of the User being in breach of any of these guarantees, representations and obligation, even if HipShip or the Service Provider accidentally accept a Shipment that contravenes any of the User’s obligations.
It is hereby clarified that in case of any doubt, HipShip or the Service Provider has the right to check or inspect any Shipment to physically verify the contents of the same, without prior intimation to or permission of the User for checking the contents.
Placing of Order and Payment
Once you access the Website as a Registered User, you may go through the various Services listed therein on the Website and choose the one as per your needs.
Prices of the Services displayed on the Website are deemed to be a part of the Terms and are subject to change.
After your order is finalized and confirmed, you may make payment for your order in several ways:
Payment by debit cards or credit cards
Some of these payment methods may not be available at all times, and you may be required to choose another form of payment. Further, each payment method you choose may be subject to certain restrictions or conditions as detailed in these Terms.
Where you use a debit card, credit card, you must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. You shall be responsible for the correctness of the information provided.
Once you choose a payment method, you will be redirected to a secure payment gateway where you will be required to complete your transaction. Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available here.
Separate Terms and Conditions
In case of Courier packages exceeding a value of INR ___________, Freight Forwarding exceeding a value of INR ______________ and Packing and Relocating services exceeding a value of INR _______________, the User may be required to enter into a separate agreement with the respective Service Provider, either in the form of a written agreement or by means of a purchase order, to record the terms and conditions which shall be applicable in addition to the existing Terms, it being understood that in case of a conflict between the terms and conditions of the Service Provider in such agreement and these Terms, the Service Provider’s terms and conditions shall prevail to the extent that they relate to the provision of the Services.
Cancellation and Modifications
As stated above, the role of HipShip is that of an intermediary and all orders placed through the Website will be communicated to the Service Providers who will then provide the respective Services as per the Terms agreed to with the Authorised User.
Accordingly, with respect to any cancellations, no cancellation charges will apply if the cancellation is made within ___ hours of placing the order for the Services. Thereafter cancellation charges will apply as indicated in the specific Terms applicable to the relevant Service Providers. Please get in touch with Customer Care at _____________________ to cancel an order.
For payments made through debit cards, credit cards or internet banking, the amount due to you after deducting cancellation charges as applicable, if any, shall be credited to your Cashback Account for future use.
Orders once placed cannot be modified.
HipShip/Service Provider undertakes to make every reasonable effort to deliver the shipment according to the delivery schedules mentioned at the time of confirming the order, however these are not fully guaranteed.
Weekends, public holidays, together with delays caused by events beyond our control are not included when we publish the estimated number of days for door to door delivery times on our Website. The route and method of by which the Shipment is transported shall be at the sole discretion of HipShip/Service Provider.
Further, HipShip shall not liable for any delays, loss or damage arising out of any circumstances beyond the control of HipShip. These include but are not limited to ‘Act of God’ i.e. earthquakes, floods, cyclone, storm, fog etc. or ‘Force Majeure’ i.e. Riots, civil war; any act or omission by a person not employed or contracted by HipShip to carry out the Services such as government officials, third parties, receiver etc.
Undeliverable or Rejected Shipments
In a situation where the Service Provider is unable to deliver the Shipment to the specified address, they will try and leave a notice at the address of the receiver stating that the delivery has been attempted and where the Shipment can be collected from. If the delivery has not been successful after one more attempt or the receiver has not collected/ refuses to collect the Shipment from the address mentioned in the notice, the Service Provider shall contact the User for further instructions with regard to the Shipment. The User hereby agrees to bear the costs incurred by the Service Provider in forwarding, disposing of or returning the Shipment to the User and the charges (if any) for making a third and final attempt at delivering the Shipment to the receiver.
It being further clarified that in case the Service Provider does not receive any instructions from the User within 30 days from the time the Service Provider/ authorized personnel had contacted the User after the second attempt to deliver the Shipment, then the User agrees and gives the Service Provider the permission to destroy, dispose or sell the contents of the Shipment as they please, without any further liability to the User.
All Services for display on the Website may carry warranty, if any, provided by the Service Provider. Since HipShip acts only as an intermediary, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the User as regards the standards of Services provided by the Service Providers. In no circumstances shall HipShip be liable for the Services provided by the Service Provider.
The User shall comply with the following procedure if the User wishes to make any claims for a lost, damaged or delayed Shipment vis-à-vis a Service provided by the Service Provider:
The User shall notify the Service Provider, in writing, about the loss, damage, delay within 7 (seven) days after the delivery of the Shipment and within 14 days of the notification being made, all relevant documents have to be provided regarding the loss, damage or delay suffered. the Service Provider are not obligated to act on any of the claims made until the transportation charges have been paid by the User and the User is not entitled to deduct such claim amount for those charges;
It is assumed that the Shipment was delivered in proper condition until and unless the receiver of the Shipment opens and notes/points out such damage on the delivery record while accepting the Shipment. In order for any claim to be considered, the original contents as well as the packaging of the Shipment will have to be made available by the User for inspection;
The right of the User to claim damages against the Service Provider shall be extinguished if no action is brought in a court of law of appropriate jurisdiction within ___ months/years from the date of delivery of the Shipment or from the date the Shipment should have been delivered or the date on which the Shipment was stopped during transportation;
In case of acceptance of the claim made, the User warrants to the Service Provider that any insurers or third party having an interest in the Shipment shall waive all and any rights, remedies or relief to which they may become entitled by subrogation or otherwise;
In case of a claim for loss, the Shipment will not be deemed to be lost until at least ___ days have elapsed since the date the User notified the Service Provider of the non-delivery;
It is expressly clarified that the Service Provider shall be liable for all claims brought forward by the User.
Use of Information
“Confidential Information” shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of HipShip or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by HipShip or a third party Person on behalf of HipShip to the User pursuant to access or use of the Website or the Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of HipShip and that he/she will use such confidential/proprietary information solely for the purposes of availing the Services.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non disclosure described in the Agreement however, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which:
is or becomes publicly known or within the public domain without the breach of the Terms;
if the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide HipShip with prompt notice of such request or requirement prior to such disclosure.
No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes.
Any violation of the above Terms by the User shall be treated as a material breach of the Terms entitling HipShip to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.
Upon the termination of the User Agreement, the User shall return to HipShip all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.
The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.
Intellectual Property of HipShip and Third Parties
All logos, brands, trademarks and service marks pertaining to HipShip and/or its associates or partners shall be the sole property of HipShip, its associates or partners respectively and all rights of any nature whatsoever (whether statutory, common law rights or otherwise) shall vest with such Person alone. Access to the Website does not confer upon the User any license or right of any nature to use such logos, brands, trademarks and service marks and the User is prohibited from using the same in any manner. In the event that the User violates the above Terms, HipShip of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages. HipShip also owns all the Intellectual Property rights in the listings and databases, layout and design of the Website.
Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of HipShip and HipShip shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.
HipShip, as a policy, also stands for and respects the Intellectual Property rights of all its Users and third party Persons and shall endeavour to and provide assistance for the protection of such Intellectual Property rights. In the event that a User violates the Intellectual Property rights of HipShip or another User, or commits any act with the intention to violate or facilitating the violation of such Intellectual Property rights, HipShip shall be entitle to terminate the User Agreement with such User without notice or reasons and take any further legal action against such User as available under law for the protection of HipShip’s rights and to claim damages from such User.
All licenses, permits, approvals, permissions and other rights of any nature whatsoever as may be required for accessing the Website or availing of the Services by a User shall be obtained by the User at his/her own cost.
In addition to the obligations on the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:
Allowing a person other than the User to access the User’s Registered Account or to access the Website through another User’s Registered Account
Using the Services or accessing the Website for any unlawful or illegal purpose
Allowing another Person to avail the Services under the User’s Registered Account
Making commercial use of the Services or other information on the Website
Contravening any laws of India or any other laws to which the User is subject to while accessing the Website or availing of the Services
Threatening, harming, bullying, harassing, annoying or otherwise displaying harmful or negative behaviour on the Website in general or towards any particular User or any third party Person
Violating or attempting to violate the security systems and procedures of HipShip and/or the Website; gaining unauthorized access any non-public information of any other Users or Persons, including (but not limited to) accessing data and information not intended for such Users or logging onto a server or account which the User is not authorized to access
Attempting to probe, scan or test the vulnerability of a system, computer resource, server or network or attempting to breach security or authentication measures on the Website
Attempting to gain access or gaining access to parts of the Website to which the User has no right to access by hacking, stealing passwords or otherwise
Introducing, posting, submitting or transmitting any information, software, command or any other material which contains a virus, worm, time bombs, cancel bots, easter eggs or other harmful component into the Internet through the Website, the Website itself or HipShip’s systems, networks or servers
Introducing, facilitating, transmitting, generating or posting spam messages, posts or e-mails of any nature whatsoever, including bulk e-mails, chain mails or commercial bulk mails or spam
Introducing any material or doing any act which would cause the networks, resources, systems or servers of HipShip and/or the Website to slow down or multiplying traffic on the Website or in any other way interfering or hindering the proper functioning of such networks, resources, systems or servers
Publishing, displaying or submitting information which provides information on illegal activities, communities, groups, Persons or associations which are banned or which incite or participate in illegal activities, or other activities such as the sale of illegal arms, ammunition and weapons
Soliciting directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing or submitting information about other Persons without such Person’s consent
Hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information on the Website that:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
In the event that you become aware of a violation of the above Terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request you for further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.
Sending or receiving messages which are offensive on moral, religious or political grounds or which are indecent in any manner including (but not limited to) being within the meaning of "indecent representation of women" under The Indecent Representation of Women (Prohibition) Act, 1986
Promoting or encouraging participation in contests, membership of competitor websites, gambling, lottery, sweepstakes or pyramid schemes
Copying or reproducing any part of the Website for any purpose whatsoever (save as expressly allowed under these Terms) whether in electronic or hard form whether manually or through automated methods including (but not limited to) as spiders, deep links, page scrapes or crawlers
Violating, by any act or omission in the course of access to the Website or availing the Services, the rights of any nature whatsoever of a third party Person or a User, including publicity and/or ownership rights and intellectual property rights (including but not limited to inducement to violate rights or links to pirated music or files of any nature) or inducing Users or Persons to deal in, buy or sell stolen or counterfeit goods or goods or services otherwise prohibited for trade under any law for the time being in force
Restricting another User’s access to the Website, Services or other enjoyment of the User’s rights vis-à-vis the Website and/or Services
Doing any act of any nature whatsoever which would cause HipShip to lose any services or supplies from HipShip’s vendors, suppliers or service providers of any nature whatsoever, or disturb or affect HipShip’s relationship with its associates, suppliers, service providers or vendors or otherwise create any liability of any nature whatsoever on HipShip
In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of HipShip under the Terms or under law, HipShip shall have the following rights:
To remove any information, data, blog posts, messages or other material which violate any of the above covenants;
To suspend or delete the User’s Registered Account;
To suspend or prohibit the User’s access to the Website or the User’s Registered Account;
To terminate the User Agreement, access to the Website and/or provision of the Services without becoming liable to pay any damages;
To proceed against the User for all or any losses or damages caused to HipShip of any nature whatsoever (including loss of business, reputation, goodwill and profit) and to initiate or assist in all legal proceedings of any nature (civil or criminal) against the User;
HipShip shall also be indemnified for all proceedings, losses and damages that may be instituted against or incurred by HipShip on account of such a breach.
HipShip shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Registered Account, access to the Website or the Services. HipShip shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.
Modification to Services
HipShip shall be entitled to add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time. Such addition, deletion, modification, cessation, discontinuance, amendment or change shall take effect with immediate effect.
On no account shall HipShip be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.
HipShip does not endorse or recommend any advertiser or any of their services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. HipShip shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.
Additional Communication via Messages
In addition to sending you SMSs in consequence of a transaction by you on the Website, we may also send you SMSs with promotional content on our offers, sales, discounts and related information if you agree to this at the time of accessing the Website. In such cases, you expressly disclaim and waive all claims and complaints against HipShip in the event that you receive such SMSs, irrespective of whether or not you have registered on the National Customer Preference Register, and will indemnify HipShip for all or any losses, damages, suits or claims made on HipShip on account of such SMSs being sent to you.
Termination and Consequences of Termination
HipShip may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or or restrict a User’s use or access to the Website and/or Service (or any part thereof) for the following reasons:
That HipShip, in its discretion, is of the view that the User has violated the Terms in letter or in spirit;
That in the opinion of HipShip or any Governmental authority or body, it is not in public interest to continue to provide Services to the User or allow access to the Website;
That the User is declared a bankrupt or into any compromise or arrangement with its creditors.
The above termination shall be without prejudice to the other rights of HipShip whatsoever.
In addition to the above, either HipShip or a User may terminate the User Agreement by giving the other a prior written notice of ___ days to this effect without assigning reasons. At the discretion of HipShip, such notice period may be waived or reduced by HipShip vis-à-vis a User.
In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of HipShip, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of HipShip contained elsewhere in the Terms or under law, HipShip shall have all the following rights:
To terminate, without reasons or notice, the User Agreement with a User;
To block, suspend, delete or restrict access to a Registered Account by a User;
To block or restrict access to the Website;
To refuse or cease the provision of Services to such User;
To remove any information of any nature whatsoever on the Website posted, uploaded, published, displayed or submitted by a User;
To initiate all or any legal proceedings against a User for breach, civil and/or criminal, including (but not limited to) proceedings for indemnity, losses, damages and/or injunctions as appropriate;
To cooperate (without notice to the User) with all or any Governmental or legal authorities involved in any investigations, including the release of any information submitted by a User to HipShip / on the Website;
In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website, Services and/or the User’s Registered Account, then the User shall not attempt to access the Website or procure Services through another User’s Registered Account or by creating another Registered Account or through any other false identity.
If HipShip’s performance of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then HipShip shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that HipShip shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.
In the event that HipShip’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of HipShip to perform such obligation shall stand extended for the term the Force Majeure existed. However in case HipShip is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.
The User agrees that the User shall indemnify and keep indemnified HipShip, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.
Limitation of HipShip’s Liability
While HipShip has taken steps to ensure that all the information on the Website is correct, HipShip does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, Services, except as specifically mentioned in the Terms.
HipShip shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.
Notwithstanding the above, if HipShip is made party to any suit or legal proceedings, the liability of HipShip for any reason whatsoever pertaining to the Services provided to the User, including without limitation for loss, damage, wrong delivery, non-delivery of the User’s shipment or any part thereof or for breach of these Terms, willful negligence on part of HipShip, is limited to INR ________________.
In case the User is able to show to HipShip that he/she has suffered losses on account of gross delay in delivery of the User’s shipment, HipShip’s liability is limited to refunding the charge paid to HipShip in respect of that particular shipment or the amount as specified above, whichever is lower.
Relationship between the Parties
The relationship between HipShip and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both HipShip and the User.
Governing Law and Jurisdiction
These Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Bangalore, India and the appropriate courts of law in Bangalore, India shall have exclusive jurisdiction to resolve the same.
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way.
HipShip may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of HipShip.
No oral agreement exists between the User and HipShip. The User Agreement shall constitute the entire and exclusive agreement between User and HipShip with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.
All notices shall be in English and in writing and sent to the following addresses:
If sent or addressed to the User, then to the address provided by the User in the User’s Registered Account;
If sent or addressed to HipShip, then to the following address:
Name and Designation:
Notices by HipShip to a User shall be displayed on these Terms, elsewhere on the Website or sent to the User at the abovementioned address.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact HipShip’s Grievance Officer at the following address:
Name and Designation: