Introduction |
Please read these Web Site Terms of Use carefully before using
this Web Site (The "Web Site"). These Web Site Terms of Use (The
"Terms Of Use") govern your access to and use of the Web Site. The
Web Site is available for your use only on the condition that you agree to
the Terms of Use set forth below. If you do not agree to all of the Terms of
Use, do not access or use the Web Site. By accessing or using the Web Site,
you and the entity you are authorized to represent ("You" Or
"Your") signify your agreement to be bound by the Terms of Use. |
1. User Eligibility The Web Site is provided by ASIA
PARCEL SERVICE PVT LTD and available only to entities and persons over the
age of majority and who can form legally binding agreement(s) under
applicable law. If You do not qualify, You are not permitted to use the Web
Site. |
2. Scope of Terms of Use These Terms of Use govern Your use of the Web Site and all
applications, software and services (collectively, "Services")
available via the Web Site, except to the extent such Services are the
subject of a separate agreement. Specific terms or agreements may apply to
the use of certain Services and other items provided to You via the Web Site
("Service Agreement(s)"). Any such Service Agreements accompany or
are listed in association with or through a hyperlink associated with the
applicable Services. |
3. Modifications ASIA PARCEL SERVICE PVT LTD may revise
and update these Terms of Use at any time. Your continued usage of the Web
Site after any changes to these Terms of Use will mean You accept those
changes. Any aspect of the Web Site may be changed, supplemented, deleted or
updated without notice at the sole discretion of ASIA PARCEL SERVICE PVT LTD.
ASIA PARCEL SERVICE PVT LTD may also change or impose fees for products and
services provided through the Web Site at any time in its sole discretion. |
4. ASIA PARCEL SERVICE PVT LTD and Service Guide and
Tariff In addition to any other terms and conditions that may be
applicable to such transaction as provided in these Web Site Terms of Use and
the Service Agreement(s), the ASIA PARCEL SERVICE PVT LTD and Service Guide
applicable to You and ASIA PARCEL SERVICE PVT LTD Couriers Tariff (to the
extent it is applicable to You) in effect at the time of shipment govern Your
use ofASIA PARCEL SERVICE PVT LTD transportation and related services. |
5. ASIA PARCEL SERVICE PVT LTD Privacy Policy The ASIA
PARCEL SERVICE PVT LTD Privacy Policy governs the use of information
collected from or provided by You at the Web Site. With respect to any
individual whose personal information is provided by You to ASIA PARCEL
SERVICE PVT LTD, You represent toASIA PARCEL SERVICE PVT LTD that You have
obtained all necessary consents for the processing of such personal
information contemplated by the Services You are using and by the ASIA PARCEL
SERVICE PVT LTD Privacy Policy, including the transfer of such data to other
countries whose laws may not provide the same level of protection for the
personal data as the laws of the country of origin of such individual. |
6. License and Ownership Any and all intellectual
property rights ("Intellectual Property") associated with the Web
Site and its contents (the "Content") are the sole property of ASIA
PARCEL SERVICE PVT LTD. The Content is protected by copyright and other laws
in both the India and other countries. Elements of the Web Site are also
protected by trade dress, trade secret, unfair competition, and other laws
and shall not be copied or imitated in whole or in part. All custom graphics,
icons, and other items that appear on the Web Site are trademarks, service
marks or trade dress ("Marks") of ASIA PARCEL SERVICE PVT LTD.
Except as otherwise expressly authorized by these Terms of Use, You shall not
copy, reproduce, modify, lease, loan, sell, create derivative works from,
upload, transmit, or distribute the Intellectual Property of the Web Site in
any way without ASIA PARCEL SERVICE PVT LTD prior written permission. |
ASIA PARCEL SERVICE PVT LTD grants You a limited, personal,
nontransferable, non-sub licensable, revocable license to (a) access and use
only the Web Site, Content and Services only in the manner presented by ASIA
PARCEL SERVICE PVT LTD, and (b) access and use the ASIA PARCEL SERVICE PVT
LTD computer and network services offered within the Web Site only in the
manner expressly permitted by ASIA PARCEL SERVICE PVT LTD. Except for this
limited license, ASIA PARCEL SERVICE PVT LTD does not convey any interest in
or to the ASIA PARCEL SERVICE PVT LTD Systems, information or data available
via the ASIA PARCEL SERVICE PVT LTD Systems (the "Information"),
Content, Services, Web Site or any other ASIA PARCEL SERVICE PVT LTD property
by permitting Your to access the Web Site. Except to the extent required by
law or as expressly provided herein, none of the Content and/or Information
may be reverse-engineered, modified, reproduced, republished, translated into
any language or computer language, re-transmitted in any form or by any
means, resold or redistributed without the prior written consent of ASIA
PARCEL SERVICE PVT LTD. You shall not make, sell, offer for sale, modify,
reproduce, display, publicly perform, import, distribute, retransmit or
otherwise use the Content in any way, unless expressly permitted in writing
to do so by ASIA PARCEL SERVICE PVT LTD. |
7. Restrictions on Use of the Web SiteIn addition to other restrictions set forth in these Terms of
Use, You agree that: |
(a) You shall not disguise the origin of information
transmitted through the Web Site. |
(b) You will not place false or misleading information on the
Web Site. |
(c) You will not use or access any service, information,
application or software available via the Web Site in a manner not expressly
permitted by ASIA PARCEL SERVICE PVT LTD. |
(d) You will not input or upload to the Web Site any
information which contains viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage, interfere with,
intercept or expropriate any system, the Web Site or Information or that
infringes the Intellectual Property (defined below) rights of another. |
(d) You will not input or upload to the Web Site any
information which contains viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage, interfere with,
intercept or expropriate any system, the Web Site or Information or that
infringes the Intellectual Property (defined below) rights of another. (e)
Certain areas of the Web Site are restricted to customers of ASIA PARCEL
SERVICE PVT LTD. |
(f) You shall not use or access the Web Site or the ASIA
PARCEL SERVICE PVT LTD Systems or Services in any way that, in ASIA PARCEL
SERVICE PVT LTD's judgment, adversely affects the performance or function of
the ASIA PARCEL SERVICE PVT LTD Systems, Services or the Web Site or
interferes with the ability of authorized parties to access the ASIA PARCEL
SERVICE PVT LTD Systems, Services or the Web Site. |
(g) You shall not frame or utilize framing techniques to
enclose any portion or aspect of the Content or the Information, without the
express written consent of ASIA PARCEL SERVICE PVT LTD. |
8. SubmissionsASIA PARCEL SERVICE PVT LTD does not accept
ideas, concepts, or techniques for new services or products through the Web
Site ("Comments"). If such Comments are received, You acknowledge
that (a) they will not be considered confidential or proprietary, (b) ASIA
PARCEL SERVICE PVT LTD and its affiliates are under no obligation to keep
such information confidential, and (c) ASIA PARCEL SERVICE PVT LTD will have
an unrestricted, irrevocable, world-wide, royalty free right to use,
communicate, reproduce, publish, display, distribute and exploit such
Comments in any manner it chooses. |
9. TerminationYou agree that ASIA PARCEL SERVICE PVT LTD, in
its sole discretion, may terminate or suspend Your use of the Web Site, the
ASIA PARCEL SERVICE PVT LTD Systems, Information, Services and Content at any
time and for any or no reason in its sole discretion, even if access and use
continues to be allowed to others. Upon such suspension or termination, You
must immediately (a) discontinue use of the Web Site, and (b) destroy any
copies You have made of any portion of the Content. Accessing the Web Site,
the ASIA PARCEL SERVICE PVT LTD Systems, Information or Services after such
termination, suspension or discontinuation shall constitute an act of
trespass. Further, You agree that ASIA PARCEL SERVICE PVT LTD shall not
be liable to You or any third party for any termination or suspension of Your
access to the Web Site, the ASIA PARCEL SERVICE PVT LTD Systems, Information
and/or the Services. |
10. Disclaimer of Warranties ASIA PARCEL SERVICE PVT LTD
makes No Representations About The Results To Be Obtained From Using The Web
Site, ASIA PARCEL SERVICE PVT LTD Couriers Systems, The Services, The
Information Or The Content. The Use Of Same Is At Your Own Risk. The Web
Site, ASIA PARCEL SERVICE PVT LTD Couriers Systems, The Information, The
Services And The Content Are Provided On An "As Is" Basis. ASIA
PARCEL SERVICE PVT LTD, Its Licensors, And Its Suppliers, To The Fullest
Extent Permitted By Law, Disclaim All Warranties, Either Express Or Implied,
Statutory Or Otherwise, Including But Not Limited To The Implied Warranties
Of Merchantability, Non-Infringement Of Third Parties' Rights, And Fitness
For A Particular Purpose. ASIA PARCEL SERVICE PVT LTD And Its Affiliates,
Licensors And Suppliers Make No Representations Or Warranties About The
Accuracy, Completeness, Security Or Timeliness Of The Content, Information Or
Services Provided On Or Through The Use Of The Web Site Or The ASIA PARCEL
SERVICE PVT LTD Systems. No Information Obtained By You From The Web Site
Shall Create Any Warranty Not Expressly Stated By ASIA PARCEL SERVICE PVT LTD
In These Terms Of Use. Some Jurisdictions Do Not Allow Limitations On Implied
Warranty, So The Limitations And Exclusions In This Section May Not Apply To
You. If You Are Dealing As A Consumer, Your Statutory Rights That Cannot Be
Waived, If Any, Are Not Affected By These Provisions. You Agree And
Acknowledge That The Limitations And Exclusions Of Liability And Warranty
Provided In These Terms Of Use Are Fair And Reasonable |
11. Limitation of Liability |
To The Extent Permitted By Applicable Law And To The Extent
That ASIA PARCEL SERVICE PVT LTD Is Otherwise Found Responsible For Any
Damages, ASIA PARCEL SERVICE PVT LTD Is Responsible For Actual Damages Only.
To The Extent Permitted By Law, In No Event Shall ASIA PARCEL SERVICE PVT
LTD, Its Affiliates, Its Licensors, Its Suppliers Or Any Third Parties
Mentioned At The Web Site Be Liable For Any Incidental, Indirect, Exemplary,
Punitive And Consequential Damages, Lost Profits, Or Damages Resulting From
Lost Data Or Business Interruption Resulting From The Use Of Or Inability To
Use The Web Site, The ASIA PARCEL SERVICE PVT LTD Systems, Information,
Services Or The Content Whether Based On Warranty, Contract, Tort, Delict, Or
Any Other Legal Theory, And Whether Or Not ASIA PARCEL SERVICE PVT LTD Is
Advised Of The Possibility Of Such Damages. To The Extent Permitted By Law,
The Remedies Stated For You In These Terms Of Use Are Exclusive And Are
Limited To Those Expressly Provided For In These Terms Of Use. |
12. Jurisdiction |
To The Fullest Extent Permitted By Law, You Hereby Expressly
Agree That Any Proceeding Arising Out Of Or Relating To Your Use Of The Web
Site, The ASIA PARCEL SERVICE PVT LTD Systems, Information, Services And
Content Shall Be Instituted in courts in Mumbai, India, And You Expressly
Waive Any Objection That You May Have Now Or Hereafter To The Laying Of The
Venue Or To The Jurisdiction Of Any Such Proceeding. You Agree That Any Claim
Or Cause Of Action Arising Out Of Or Related To Your Use Of The Web Site, The
ASIA PARCEL SERVICE PVT LTD Systems, Information, Services And/Or Content
Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose. |
13. General |
You shall not assign these Terms of Use or any of Your
interests, rights or obligations under these Terms of Use. If any provision
of these Terms of Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any of these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or any other term or
condition. |
14. Written Document |
You may preserve these Terms of Use in written form by
printing them for Your records, and You waive any other requirement that
these Terms of Use be evidenced by a written document. |
15. Complete Agreement |
Except As Expressly Provided In A Separate License, Service Or
Other Written Agreement Between You And ASIA PARCEL SERVICE PVT LTD Or In The
Applicable ASIA PARCEL SERVICE PVT LTD Rate And Service Guide Or ASIA PARCEL
SERVICE PVT LTD Tariff, These Terms Of Use Constitute The Entire Agreement
Between You And ASIA PARCEL SERVICE PVT LTD With Respect To The Use Of The
Web Site, The ASIA PARCEL SERVICE PVT LTD Systems, And Any Software Or
Service, Information And Content Contained Therein, And Supersede All
Discussions, Communications, Conversations And Agreements Concerning The
Subject Matter Hereof. |
16. Customer Service |
Questions or comments regarding the Web Site may be submitted
to ASIA PARCEL SERVICE PVT LTD Customer Service. |