terms

Shiponk is product of Shiponk online services llp

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of compliance with the following terms and conditions. Terms By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, formulated under the Information Technology Act of 2000, Indian Contract Act, 1872 and Arbitration and Conciliation Act 1996.
You ("you" or "your" or "Customer" or "service provider" or "service receiver") are required to read and accept all of the terms and conditions laid down in this Terms and Conditions ("Terms and Conditions" or "T&C" or "Terms" or "Agreement") and the linked Privacy Policy, before you may use www.Shiponk.com website or Mobile application (hereinafter referred to as "Site" or "Website" or "Shiponk" or "www. Shiponk.in" or "Shiponk" or "we" or "our").


Introduction

SHIPONK provides the platform to various Service providers to listed under a common platform to provide its customers a ready data of the availability and pricing of all such Service Providers listed with related to transportation and shipment of various type of goods and assets. Consumer and Service provider register themselves through their web and mobile platforms. To accomplish this, Service Recipient first register with inserting all basic authenticated data on the portal and he/she can also install mobile application, quote their rate as per the requirement placed by the service recipient on portal. We are not responsible for any actions or services to be provided by the Service providers. Once the Delivery has been booked by the Website or on the Mobile application the service provider is solely responsible for such Delivery. At no time can a claim for non-performance of such service can be brought against the Company or website or SHIPONK. Our responsibilities include only providing for a valid platform for registration/ booking of services provided by any of its Service Providers from amongst its network.

Registration and Communication
You agree that your sole purpose of registering or using Shiponk is to give and take the courier services, transportation services and Movers and Packer services which are specifically notified by the Company on the Website from time to time (that are permitted courier services, transportation services and Movers and Packer services under applicable law) and you shall not use Shiponk for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner. You agree to provide true, accurate and complete information such as Name, Address, Phone number and Email address, while registering or for any other purpose when prompted to do so on Shiponk site or Mobile application. Users are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You or user are responsible to maintain and promptly update the information provided while registering or for any other purpose on Shiponk to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to Shiponk website or Mobile application in any manner whatsoever. For the verification purpose the information provided by you to us, we will be sending you a welcoming email to verify that you Name, address, email address, username and password. Shiponk will also communicate or get in touch with you in response to you quires to provide with the best of service which you have requested and also to manage your account properly. Email is the best way to communicate with us, when you use the shiponk site properly it will be easier between member to communicate and get the solution for your respected problem as for us our objective is to provide you with the best experience.

Eligibility: Shiponk or any service provided by Shiponk may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use Shiponk. A minor is not allowed to access or register as a User or sell or purchase any items on Shiponk. If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.


Modification and Alterations 
The Website reserves the right to modify the Sites, Services and Software and/or change the system specification requirements necessary to access and use the Services at any time and without prior notice. We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify of some changes in the Terms either by email or by displaying a message on the Website; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of the Website and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.

Role of Shiponk Includes 
·    Providing reliable packers and movers across the World.
·    Getting online quotes from different vendors.
·    May provide customer support and information in case of any damages/ delays / inconvenience.

Role of Shiponk Does Not Include
·    SHIPONK does not hold any liability whatsoever in respect of any loss or damage arising directly or indirectly during the entire move process.
·    The canceling due to unavoidable reasons.
·     The packers and movers not reaching on time.
·    The operator's employees being rude.
·     Any stolen of goods during complete move process.
·     Packing and Unpacking.
·     Loading and Unloading

Service Provider
Service provider which are registered under this site or in Mobile application, there shiponk username is displayed on the Website and therefore it is available for the public. All the activities on the website will be identifiable to your username. Other people can see your bid, shipment you have listed, your feedback rating also associated comments, your posting on the site. Therefore, if you associate your name with your username, the people you have revealed your name to will be able to personally identify your shiponk activities. If you are involved in a transaction, we have features that allow parties to the transaction to view your email address and obtain your contact information to help complete the transaction. Further, we may send out notices to you or other community members regarding suspicious activity or policy violations on the Site. To request removal of your personal information from the shiponk community, contact us at our contact information found below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so.

The Service Provider shall provide the following services ("Services") to the Service Recipient in accordance with the terms and conditions of this Agreement:
- Providing reliable packers and movers across the World.
- Getting online quotes from different vendors.
- Providing customer support and information in case of any damages/ delays / inconvenience.- A common platform which provides to its customers a ready data of the availability and pricing of all such Service Providers listed with.
- Shiponk may provide 24*7 Call, SMS or Email support services to its existing clients and proposed clients as part of support services and promotion activity.

How Payment works for service provider:

We help service providers to widen their customer base. We don’t want our service providers:
• Depend on agents
• Building connections bit by bit for deliveries
• Paying agents or freight forwarders a high commission

So, let me introduce a pocket friendly Shiponk Commission System (SCS). Proud on your services? Got a variety of transport options? Grab unlimited orders on Shiponk & pay only for those who is completed by you or your company.

How Whole Process works:

Log in to Shiponk for transporter app/web & choose the right shipment or order, Bid & pay shiponk after picking up that order. For example:

Service Provider placed a bid of INR 1000, Customer accepts the bid of INR 1000. Transporter picked the shipment afterwards transporter have to pay 4.99% of INR 1000. Hence, transporter will pay INR 25.

• Shiponk can change/alter fees or commission without giving any prior notice
• If CUSTOMER accepts the bid of TRANSPORT SERVICE PROVIDER. Service provider have to confirm the pickup done by clicking the button CONFIRM GOODS PICKED. It is mandatory to click that button if pick up process is done.


Cancellations Process
Cancellation occurs only when the either of the party by their mutual consent or after a quote was accepted on Shiponk but before the service are performed. Thereafter when the quote is accepted both the parties communicate each other directly.
When both the parties determine that they will not able to complete the transaction and agrees to cancel the transaction at that point of time the cancellation will be completed.

Term and Termination
- Term: This Agreement is effective until all Subscription Terms for the Shiponk Service(s) have expired or are terminated as expressly permitted herein.

- Subscription Term and Renewals: By placing an Order Form for registration of a Shiponk Service, Service Recipient is agreeing to pay applicable fees for the entire Subscription Term. Service Recipient cannot cancel or terminate a Subscription Term except as expressly permitted by Section 5.4 (Termination for Cause) or a Service-Specific Term. Each Subscription Term will automatically renew for additional successive twelve-month periods unless: (i) otherwise stated on the applicable Order Form; or (ii) either party gives written notice of nonrenewal at least thirty (30) days before the end of the then-current Subscription Term. If no subscription start date is specified on the applicable Order Form, the subscription starts when Customer first obtains access to the Shiponk Service. Pricing for any Subscription Term renewal, new Order Form or Order Form change will be at Shiponk’s then-applicable rates.

- Suspension of Service: If Customer’s account is overdue, Shiponk reserves the right to suspend Customer’s access to the Shiponk Service(s) (and any related services) without liability to Customer until paid in full, but Shiponk will send Customer a payment reminder before doing so. Shiponk may also suspend any use or access by Service Recipient without liability if Shiponk deems suspension necessary as a result of to prevent harm or liability to other customers or third parties or preserve the security, stability, availability or integrity of the Shiponk Service. For avoidance of doubt, Service Recipient will remain responsible for payment of fees during any suspension period. Unless this Agreement has been terminated, Shiponk will cooperate with Service Recipient to restore access to the Shiponk Service once it verifies that Customer has resolved the condition requiring suspension.

- Termination for Cause: Either party may terminate this Agreement, including any related Order Form, if the other party: (i) fails to cure any material breach of this Agreement (including a failure to pay fees) within thirty (30) days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

- Use of Personal Information: We use consumer’s personal information, including email address, to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe matching; collect fees owed; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple usernames or aliases. We may compare and review your personal information for errors, omissions and for accuracy.

You agree that we may use personal information, including your email address, about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

You agree that we may can send you promotional message,email and call even you are registered on trai do not distrub service. If you are against this statement please do not use shiponk web and application.

The profile you create on our site will be publically accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.

Effectiveness of Agreement
This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 5.4, until the Completion Date.

- Relationship of the Parties: The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties. Relation between two parties is wholly defined as a Service provider and Service Recipient.

- Confidentiality: Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

- Notices: Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by: i. First class post, 2 days from the date of posting; ii. Hand or by facsimile transmission, on the date of such delivery or transmission; and iii. Electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.

Agency Clause : You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the Shiponk website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

Record Keeping : We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.

Liability of Shiponk : In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Shiponk shall not be liable for:
(i) Loss of profits; or
(ii) Loss of business; or
(iii)Depletion of goodwill and/or similar losses; or
(iv) Loss of contract; or
- The failure of either party to enforce its rights under this Agreement at any time for any periodshall not be construed as a waiver of such rights.
- If any part, term or provision of this Agreement is held to be illegal or unenforceable neither thevalidity nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
- This Agreement may not be amended for any other reason without the prior written agreementof both Parties.
- This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- Neither Party shall be liable for failure to perform or delay in performing any obligation underthis Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
- This Agreement shall be governed by the laws of the jurisdiction in which the Service Provideris located (or if the Service Provider is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.

Miscellaneous :
- The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
- If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
- This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
- This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
- Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
- This Agreement shall be governed by the laws of the jurisdiction in which the Service Provider is located (or if the Service Provider is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.


FEES
a) Currently the Shiponk is not charging any fee for joining this site or demanding no fees for the listing fees for the delivery to the User (Services receiver). Courier service provider or Transportation services provider or Movers and Packers are charged a base transaction booking fee based on a percentage which is tiered according to accepted quoted price.
b) If any reason, any fess has not been received or in any manner realized by shiponk on matches that have been completed by you for the services and any additional services performed by the user, you agree to pay such unpaid fees immediately.
c) When you accept the bid of transporter, you pay the total bid amount plus advance payment. This is nominal fees paid directly to shiponk in a form of advance payment that covers things like website operations. It is not a set fees,it actually depend on the bid amount. We have right to change shiponk fees without any notice or confirmation. d) After completing of 10 days we cannot collect any fees owed to us. Shiponk has the right to spend or terminated the user account.
e) Shiponk has the right to waive or change or alter in fees, penalties or interest at any point oftime without giving prior notice to the user.
f) Shiponk has the right to edit or change service providers bids/rates/quotes.
g) Shiponk has the right to charge fees/charges without any notice.

User Responsibility for Shipping:
As a shipping user or service receiver, you are under the obligation to complete the transaction with the Courier Service Provider or Transportation service provider or movers and packers service provider, if you accept the Courier Service Provider or Transportation service provider or movers and packers service provider quote, unless the transaction is prohibited by law or by this Agreement. By accepting a Courier Service Provider or Transportation service provider or movers and packers service provider quote, you agree to be bound by the conditions of the quote included in the quote details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless with the condition that:
a) The Courier Service Provider or Transportation service provider or movers and packers service provider materially changes the quote details after your acceptance or 
b) When there is a typographical error is made or
c) When you cannot authenticate the Courier Service Provider or Transportation service provider or movers and packers service provider identity or credentials.
d) The Courier Service Provider or Transportation service provider or movers and packers service provider reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. Shiponk recommend that you do not seal any package before inspection by the Courier Service Provider or Transportation service provider or movers and packers service provider. 
e) It is to be strictly noted that shiponk does not screen or qualify Courier Service Provider or Transportation service provider or movers and packers service provider for compliance. You or user agrees to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. 
f) Shiponk recommends you that you should confirm such compliance directly with the service provider before services are rendered by them.

User Responsibility for the Transportation:
As a shipping user or service provider, you are under the obligation to provide the best service and complete the deliveries on time which you are quote on the Shiponk site. 
a) The service provider or you agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, national and international licensing requirements. 
b) The service provider or you must describe your offer and all terms of your services on the quote submittal form on shiponk website
c) Shiponk reserves the right to suspend or cancel your account at our sole discretion. 
d) The service provider or your quote may only include content relevant to the description of your services that you are providing.
e) If the service provider or you quote on any delivery and your delivery is accepted by the shipping customer or service receiver then in that case you are obligated to perform the services offered in your quote at the accepted quote price.
f) The service provider or you authorize shiponk to charge the shiponk fees from you.

Prohibited and Restricted Items
Unless otherwise mentioned or amended to this agreement or Site, the following items are either legally Prohibited or Restricted to transport to the general public by most local governing agencies.
·    Brand Name Misuse
·    Counterfeit Currency and Stamps
·    Counterfeit Items
·    Firearms, Ammunition, Replicas, and Fireworks
·    Hazardous, Restricted, and Perishable Items
·    Human Parts
·    Offensive Material
·    Prescription Drugs and Devices
·    Stolen Property
·    Tobacco and Alcohol 
·    Weapons & Knives
 

Refund Policy
I Agree,
            There is no refund process for shipments which is picked up by service provider. If Transporter confirms the pickup, he is liable to pay Shiponk, 2.5% of bid amount within seven to ten days.
In every situation, after confirming pick up by transporter or customer, Transport Service Provider have to pay Shiponk’s commission.