“Company”; “us”; “we”; “our” shall mean VZIPIT Tech Private Limited, a Company registered under the Companies Act, 2013 having its office at B Wing, 502A Ackruti Trade Centre, 5th Floor, MIDC, Andheri (E) Mumbai 400093 and any other offerings as may be added from time to time.
“Platform” shall mean www.trackzippy.com and TrackZippy mobile application or any such associated websites or applications which is owned, operated and managed by us which offer features/ functionalities including but not limited to Send2ID Functionalities.
“Register” shall mean subscribing to the Platform and signing up to Send2ID to avail the Services provided by the Platform.
“Send2ID” shall mean digital ID assigned by us to each individual or business user for their respective addresses as notified by them for creation of one delivery profile of Users that captures personal preferences of Users, address details of their contacts and also creates User login credentials for accessing multiple sites which shall provide access to services being offered by respective sites.
“Send2ID Functionalities” shall mean and include-
“Services” shall mean Services offered by Platform to Users for-
“Service Provider” shall mean logistics, courier, technology and any other type of companies enrolled with the Platform for extending Services to Users.
“Users” shall mean Users including individual users and business users that visit and access the Platform and Register to avail the Services.
“You” or “Your” or “Yourself” refers to the User or viewer of this Platform.
SCOPE OF SERVICES
Platform is to provide Services to Users. We reserve the right to offer some services in a phased manner as per the timelines planned by the Platform.
SERVICES DESCRIPTION& AVAILING SERVICES
You can browse the Platform. However, You need to register on the Platform to avail the Services. You understand and acknowledge that it is your responsibility to get complete information about each Service before you avail Services of the Platform.
For Individual User login, before You avail any Services, please make sure You fill in correct data such as full name (including first name, middle name, last name); your photograph; gender; date of birth (DOB); full and complete address including closest landmark; e-mail id and personal information, mobile number; occupation (including industry and specialty); your associated KYC documents (scan or photograph) such as driving license, passport copy, Aadhaar card, or any such document as recognized by the Government. You may also have to provide delivery time/ alternate delivery location and any other preferences to the Platform as requested by the Platform from time to time. You may have to provide additional information as may be necessary from time to time.
For Business User login, before You avail any Services, please make sure You fill in correct data such as full name of your authorized representative (including first, middles and last name), representative’s designation, representative’s photograph, representative’s gender, representative’s date of birth (DOB), mobile number, full and complete address(es) including closest landmark, industry in which company operates, business postal addresses and its map based GIS location, delivery time preferences, letter of authorization on company letter authorizing the right of us to your representative duly signed by legal authority of your company, KYC documents, your associated KYC documents (scan or photograph) such as Certificate Of Incorporation (COI), PAN card or any such document as recognized by the local Government. You may have to provide additional information as may be necessary from time to time.
If You allow us and instruct us, We may review Your text messages, e-mails, for extracting details related to shipping, order, delivery, AWB, Tracking ID, Order ID etc. for ensuring quality Service to You and accordingly inform You about shipments to be delivered to You. We shall share your data with Service Providers and third party corporate customers to effectively procure and /or offer the Services offered to you. You shall be allowed to give your feedback to shipper and / or Service Provider through our Platform.
We may set up blogs, contests, and coupons to provide you the better Services as may be deemed appropriate from time to time.
You understand and acknowledge that the Platform is prone to unintentional inaccuracies in content. E.g. typographical errors, improper linkages etc.
You understand, acknowledge and agree that You shall be solely responsible for availing such Services and the Platform and Company shall not be responsible or liable in any manner whatsoever.
In case of any Service deficiency of Platform, You can write to the Platform on firstname.lastname@example.org.In case You are not able to login or view, You can write to the Platform on email@example.com.
In future, we may also provide the option to chat on the platform and such offering may be restricted for use only during business hours.
If there is a dispute between you and any Service Provider, You understand and agree that the Platform is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more Service Providers, you hereby release the Platform, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
You can browse the Platform. However, You have to Register on the Platform for availing Services.
You can browse the Platform. However, You have to Register on the Platform for availing Services.
You shall get one time password (OTP) either on Your mobile number or on Your e-mail id after entering valid e-mail id and mobile number. After entering correct one time password (OTP), Your registration shall be successful. You shall create free Send2ID immediately after registering to the Platform. You shall enter Your address for which Send2Id shall be created. You shall get access to Google map on Your Send2ID through which You can track Your shipments. Send2Id shall be necessary for availing any Services of the Platform.
You can create multiple Send2ID’s for the various locations that You wish to add to the platform. We may restrict these locations for which multiple Send2ID’s are created by the User. If for some reason, Google Maps does not tag your location address correctly; the platform allows the users who is using the Send2ID profile to view / edit their map tag locations so as to identify their correct locations.
You can manage Your Send2ID account. You can upload Your own photograph on YourSend2Id profile at Your own risk. We may restrict number of shipments that can be tracked daily. If required, You shall upload KYC documents on the Platform as a proof for shipping of any international shipments and / or for receipt of any international shipments and / or for any other shipments / delivery as required by Platform from time to time.
Under share and notify option of Send2ID, You can share details related to Your shipments such as Send2ID from which you are sending the shipment; details of the receiver such as the receiver’s Send2ID or their name, address, mobile number, email id, etc. along with the details of the service provider name, consignment type, tracking number and message if any. You can manually add shipments for tracking of deliveries by entering valid details such as service provider, tracking number, receiver’s names and Your Send2Id and by selecting if you are the sender or the receiver of the shipment.
If You do not give the confirmation of delivery of shipment within 48 hours of notification given by us as intimated by the Service Provider, then we shall not be responsible for sending further reminders to You and shall rely on Service Providers updates. You agree that any registration information provided by you shall always be accurate, correct and complete. If you use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and you agree to accept responsibility for all activities that occur under Your Account. You can change your profile information and any other details that you have shared with the Platform. You shall provide any additional information as required by the Platform from time -to- time.
We also reserve the right to refuse registration, or cancel accounts at our sole discretion.
ACCESS TO THE PLATFORM
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Platform for any reason whatsoever. If you do not confirm to the above qualification, You shall not be permitted to avail the Services or use the Platform. You represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Platform through Your legal guardian in accordance with the applicable laws.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
By registering to the Platform or using the services of the Platform does not deem to make You a shareholder or an affiliate of the Platform for any purposes whatsoever, nor shall You have any of the rights of statutory users of the Platform.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.
You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information such as data files, text, facts and figures, photographs, computer software, code, audio files or other sounds, personal details, photographs, videos, or other images that is shared by Users, Service Providers or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform.
CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content/Details shared by You with Platform(“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, You also grant us the right (i) to display your Content and Details on the Platform and/or Send2ID (ii) promote or distribute it for the access of other Users and/or Service Providers.
If You provide any testimonials or feedback, then we may use it for the promotion of the Platform. You hereby expressly authorize us to use such feedback or any portion of the same.
You agree that you are solely responsible for your Content made available by you through the Platform including but not limited to any liabilities arising out of any third party infringement claims.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum.
LINKS TO THIRD PARTY WEBSITES
Platform may contain links to other websites and / or platform owned and operated by third parties who are not related to the website (“Linked Websites”). Platform may also have links to certain reports related to logistics which User can access. The Linked Websites are not under the control of the Platform and Platform is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party websites.
Platform provides these links to You as convenience only and inclusion of any link does not imply any endorsement of the Linked Website by Platform. Your link to any such Linked Website is entirely at your own risk. Platform is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser and its Services. You are referred to the relevant advertiser for all information regarding the advertisement and its Services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
If any data of the Platform is used by the User for any unlawful activity, then Company shall have all the rights related to such data and shall have right to co-operate with legal authorities regarding any such data.
You shall not use the Platform or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You shall not intimidate or harass another through the Platforms; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to do so through the Platform.
Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Platform;
You shall not use or attempt to use another’s account or personal information; and, you shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
User’s complaints: User can write to the Platform about any complaint firstname.lastname@example.org.
Platform may circulate promotional offers including but not limited to discounts, special offers to Users.
DEALINGS WITH ORGANISATIONS AND INDIVIDUALS
You acknowledge and agree that the Platform shall not be liable for Your interactions with any other Users on the Platform. This includes, but is not limited to Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on the Platform, or between Users and any third party, You understand and agree that Platform is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, You hereby release Platform, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Platform.
CHANGE IN TERMS
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM,THE SERVICES AND YOUR USE THEREOF. PLATFORMMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PLATFORM'S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY WESBITES LINKED TO THE WEBSITE OF TRACKZIPPY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. PLATFORMDOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER OR A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLATFORMSHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF SERVICES. PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY DEFICIENCY IN SERVICE DUE TO INCORRECT SHIPMENT INFORMATION PROVIDED BY USER/SERVICE PROVIDER OR LOSS OF USER DATA DUE TO THEFT OR LOSS OR DELAY OF SHIPMENT DUE TO INCORRECT ADDRESS OR DELIEVRY PREFERENCES ENTERED BY THE USER.PLATFORM SHALL NOT BE RESPONSIBLE FOR SERVICE DISRUPTION CAUSED DUE TO LOSS OF INTERNET CONNECTION BETWEEN USER AND THE PLATFORM AND THE IMPACT ON THE USAGE OF INDIVUDUAL USER AND/OR BUSINESS USER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PLATFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PLATFORMHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICES OR ANY LINKS ON THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PLATFORMSHALL NOT BE LIABLE FOR USERDETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the Company and its affiliates, subsidiaries, licensors, Users, Service Providers as the case may be. The Platform respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Platform that violates another person’s proprietary rights.
If You believe that the Platform contains elements that infringe your intellectual property rights in your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this Platform, including but not limited to audio, images, photographs, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein.
TrackZippy and Send2ID are the trademarks wholly owned by VZIPIT Tech Private Limited. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The deletion of User account does not immediately remove the contents of the account or parts thereof being used by other users of the Platform. Similarly, if such data is being used in offline mode, Platform shall not be possible to remove it completely and permanently.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
FORCE MAJEURE:Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Service Provider or the Platform.