WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least  years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least  years of age.]
License to use website
Unless otherwise stated, [CALLFREIGHT.COM] and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You Must Not
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website;
- Redistribute material from this website [except for content specifically and expressly made available for redistribution].
- Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [CALLFREIGHT.COM'S] express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without [CALLFREIGHT.COM'S] express written consent.]
[Access to certain areas of this website is restricted.] [CALLFREIGHT.COM] reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at [CALLFREIGHT.COM'S] discretion.
If [CALLFREIGHT.COM] provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[[CALLFREIGHT.COM] may disable your user ID and password in [CALLFREIGHT.COM'S] sole discretion without notice or explanation.]
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to [CALLFREIGHT.COM] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to [CALLFREIGHT.COM] the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [CALLFREIGHT.COM] or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
[CALLFREIGHT.COM] reserves the right to edit or remove any material submitted to this website, or stored on [CALLFREIGHT.COM'S] servers, or hosted or published upon this website.
[Notwithstanding [CALLFREIGHT.COM'S] rights under these terms and conditions in relation to user content, [CALLFREIGHT.COM] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
This website is provided “as is” without any representations or warranties, express or implied. [CALLFREIGHT.COM] makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, [CALLFREIGHT.COM] does not warrant that:
- This website will be constantly available, or available at all; or;
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
[CALLFREIGHT.COM] will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if [CALLFREIGHT.COM] has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [CALLFREIGHT.COM'S] liability in respect of any:
- Death or personal injury caused by [CALLFREIGHT.COM'S] negligence;
- Fraud or fraudulent misrepresentation on the part of [CALLFREIGHT.COM]; or
- Matter which it would be illegal or unlawful for [CALLFREIGHT.COM] to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, [CALLFREIGHT.COM] has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against [CALLFREIGHT.COM'S] officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect [CALLFREIGHT.COM'S] officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as [CALLFREIGHT.COM].
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify [CALLFREIGHT.COM] and undertake to keep [CALLFREIGHT.COM] indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [CALLFREIGHT.COM] to a third party in settlement of a claim or dispute on the advice of [CALLFREIGHT.COM'S] legal advisers) incurred or suffered by [CALLFREIGHT.COM] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to [CALLFREIGHT.COM'S] other rights under these terms and conditions, if you breach these terms and conditions in any way, [CALLFREIGHT.COM] may take such action as [CALLFREIGHT.COM] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
[CALLFREIGHT.COM] may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
[CALLFREIGHT.COM] may transfer, sub-contract or otherwise deal with [CALLFREIGHT.COM'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with [DOCUMENTS],] constitute the entire agreement between you and [CALLFREIGHT.COM] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with GOVERNING LAW OF INDIA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts at HYDERABAD, Telangana State, India. ******
Use of the CALLFREIGHT.COM Website
The terms and conditions mentioned here applies only to those parts of the CALLFREIGHT.COM website which do not need any digital certificate or other any security devices to access the site. References to "website" below shall be applied to CALLFREIGHT.COM here.
This website is made available by CALLFREIGHT.COM Any third party or users who access or browse this website or download or use any information, data, text, images, video or audio or any other materials available on the CALLFREIGHT.COM through this site or generated via, posted or uploaded to the website (" Content") or otherwise request, use or receive any services or facilities ("Services") via the website ("User") may only do so subject to: (1) the terms and conditions set out below and (2) any additional instructions, terms or conditions on the website that apply to specific ‘Content’ or ‘Services’ that the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency), together referred to as the " General Website Terms". Access to or use of this website or any Content or Services available via the site shall mean ‘acceptance' to and by the User to the General Website Terms.
If the content or services on the website is used or accessed or received by User on behalf of any third or external party (including any corporate body), that party shall also be bound by the General Website Terms as if that external party were a User. The User represents and takes the warranty that he/she is authorized by any such party to bind that party to the General Website Terms.
The User shall gain the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website ("User Materials"). The User hereby irrevocably authorises CALLFREIGHT.COM and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense) anywhere in the world any such User Materials. The User agrees to take any actions (including filling, completing or uploading any further document) that may be statutorily, contractually or otherwise required in any jurisdiction to give effect to this clause.
Status of General Website Terms
The terms of any contract with CALLFREIGHT.COM is separate from the General Website Terms and this shall not affect, or form part of each other The User shall gain the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website ("User Materials"). The User hereby irrevocably authorisesCALLFREIGHT.COM and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense) anywhere in the world any such User Materials. The User agrees to take any actions (including filling, completing or uploading any further document) that may be statutorily, contractually or otherwise required in any jurisdiction to give effect to this clause.
CALLFREIGHT.COM does not warranty or states that the User's or any other party's use of the Content or the Services available via the website will not infringe rights of third parties.
CALLFREIGHT.COM will use reasonable plans to ensure that the Content accurately reflects either (1) the relevant part of CALLFREIGHT.COM records held on CALLFREIGHT.COM or (2) information received from a party external source or party than CALLFREIGHT.COM does not warrant that the Content is accurate, sufficient, error free, complete or up to date at the time it is accessed. The User should make necessary enquiries to gain confidence about accuracy and completeness of any Content before relying on it. For content marked as indicative only, CALLFREIGHT.COM makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
Except as set out in the General Website Terms, CALLFREIGHT.COM shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
The User is solely responsible for the accuracy and completeness of any User Materials. The User need to make sure that the User Materials do not infringe any Intellectual Property Right or other right of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall guarantee and hold harmless CALLFREIGHT.COM and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by CALLFREIGHT.COM to compromise or settle a claim), and all legal costs or other expenses, suffered by CALLFREIGHT.COM or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause.
The website may contain third parties websites (not operated by CALLFREIGHT.COM) links or references to websites. CALLFREIGHT.COM under no circumstances makes any warranties or represents any other site. CALLFREIGHT.COM does not have hold of third party sites content or services. These sites are separate and independent. CALLFREIGHT.COM does not recommend any external websites, and does not agree to any responsibility for the existence, operation, content or use of such website
A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User: (1) may link to, but shall not, except with CALLFREIGHT.COM 's prior written agreement, replicate in any way any Content appearing on the website; (2) shall not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than CALLFREIGHT.COM ; (3) shall not present misleading or false information about CALLFREIGHT.COM , its services or Content; (4) shall not misrepresent CALLFREIGHT.COM relationship with the linking User (or any third party); (5) shall not create any implication or inference that CALLFREIGHT.COM endorses the linking User or its services (or any third party); (6) shall not use or reproduce CALLFREIGHT.COM logo, trademarks or name; (7) shall not provide or display any content that could be interpreted as offensive, libellous, defamatory, distasteful, discriminatory, pornographic or inappropriate in any other way; (8) shall not display or provide materials, content or anything else that might violate any law of any jurisdiction or infringe any Intellectual Property Right; and (9) must clearly indicate that the CALLFREIGHT.COM website is operated by CALLFREIGHT.COM and is not controlled by or otherwise associated or connected with the linked website, and that CALLFREIGHT.COM terms and conditions apply in relation to any use of the CALLFREIGHT.COM website.
Any User can be asked to remove any link placed on or to any area of this website without stating any reason on priority basis. The User shall not permit any third party aggregator of information to access or retrieve information from this website on the User's behalf. The User may not in any way run any software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
The User agrees to comply with any reasonable instructions CALLFREIGHT.COM may issue regarding the website's security.
The User must promise that he/she does not perform any tasks during access of the site or after access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of CALLFREIGHT.COM or any other users of the website, or any CALLFREIGHT.COM customers or associated or affiliated companies, being compromised.
Both the User and CALLFREIGHT.COM shall take all necessary preventive steps to ensure that communications through the website and its own systems are not affected by in amy ways by computer viruses or other destructive or disruptive components, and to ensure no such components are transmitted to or via CALLFREIGHT.COM or the website.
Except as set out in the General Website Terms, in no event shall CALLFREIGHT.COM , its affiliates, associates or any other entity associated with CALLFREIGHT.COM be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data or business interruption) resulting from the use or inability to use the Web Site or the Web site material, whether based on warranty, contract, tort, or any other legal remedy.
Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
CALLFREIGHT.COM will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or any force majeure or any other situation whatsoever beyond its reasonable control.
The General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against CALLFREIGHT.COM arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party shall rely on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on CALLFREIGHT.COM unless it is in writing and agreed by an authorised representative of CALLFREIGHT.COM
References in the General Website Terms to 'in writing' or 'written' include communication by email or other electronic form. References in the General Website Terms to the singular include the plural and vice versa.
Each of the provisions of the General Website Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
The rights of CALLFREIGHT.COM under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Allcargo Logistics Ltd's prior written consent.
Subject to clause 2, CALLFREIGHT.COM may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the General Website Terms.
CALLFREIGHT.COM may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
All cargo Logistics Ltd's affiliates, associates and agents ("Relevant Third Parties") shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, CALLFREIGHT.COM does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
To the extent that clause 8.10 is not effective to give such benefit to any Relevant Third Party, such Relevant Third Party may enforce such provisions in its own name as it may deem fit. The General Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Relevant Third Party.
The General Website Terms shall be subject to Indian law and any dispute, claim, matter of construction or interpretation arising out of or relating to the website, including the General Website Terms, shall be subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana State, India.
Cancellation and Refund policy
Srocom Solutions Pvt.Ltd. - Cancellations will only be accepted if requested within 6 hours of the booking. Once accepted, refunds will be credited back to your respective bank account in 10-12 days.
Registrations and authorisations
[CALLFREIGHT.COM] is subject to the [RULES] which can be found at https://www.callfreight.com/terms
[[CALLFREIGHT.COM] subscribes to the following code[s] of conduct: [CODE(S) OF CONDUCT]. [These codes/this code] can be consulted electronically at [URL(S)].
CALLFREIGHT.COM'S address is H.No: 11-13-60/1/A, Alkapuri, RK Puram,Saroor Nagar, Hyderabad Ranga Reddy, Telangana – 500035.
You can contact [CALLFREIGHT.COM] by email to email@example.com.
Terms of Service
CALLFRIGHT.COM PLATFORM TERMS OF SERVICE
By signing up for the CALLFRIGHT.COM services (hereinafter referred to as the “Services”), you agree to the following Terms of Service:
These Terms of Service along with any applicable Service Agreement and/or Order Page (hereinafter these Terms of Services and any such Service Agreement and/or Order Page are collectively referred to as the “Agreement”) constitutes a legally binding contract between “CALLFRIGHT.COM” and the person or organization that submits an order for the Services, pays for Services, and/or utilizes the Services “You” and/or “Client”. CALLFRIGHT.COM reserves the right to change or modify the Services and/or any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to existing and/or future customers. CALLFRIGHT.COM may make such changes or modifications to the Services and/or the terms and conditions contained in this Agreement without additional notice to Client whereby Client’s continued use of the Services following such any changes or modifications will constitute Client’s acceptance thereof.
1. Eligibility Criteria.Notwithstanding anything contained herein, this Agreement will not bind CALLFRIGHT.COM unless Client meets the following Eligibility Criteria:
The Services and license thereof are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). If Client is registering as a business entity, Client represents that they have the authority to bind the entity to this Agreement. CALLFRIGHT.COM uses many techniques to verify the accuracy of the information Client provides when Client registers on the CALLFRIGHT.COM website. If for any reason, CALLFRIGHT.COM, in its sole discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to Client, to revoke any and all licenses under this Agreement or to refuse to provide the Services under this Agreement to Client.
2. Services.A. The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:
- i. Shopping Cart and e-Commerce software that facilitates the sale of products by the Client to customers on a website controlled by the Client;
- ii. Email marketing tools and services;
- iii. Online advertising tools and services;
- iv. Affiliate marketing tools and services; and
- v. Online website store builder services.
C. Client will pay for the Services at the price and in accordance with any fee schedule indicated upon Client’s ordering of the Services. CALLFRIGHT.COM may change the prices for the Services at any time and any such change in prices will be effective after CALLFRIGHT.COM posts the change on its website or otherwise provides notice to Client. All fees collected under this Agreement are fully earned when due and nonrefundable when paid except as expressly provided for in Section 6(E) and Section 6(F) below. All fees due under this Agreement must be paid in Indian Rupees (INR) via credit card or other payment method acceptable to CALLFRIGHT.COM. Client agrees to provide its valid and accurate name, mailing address, telephone and other contact information in Client’s profile and to update such contact details as they may change.
D. The Services are either owned by CALLFRIGHT.COM or licensed from a third party. In accordance with this Agreement and subject to the payment of applicable fees, CALLFRIGHT.COM will provide certain hosting, support and other miscellaneous Services licensed by Client under this Agreement during the term of this Agreement. Any hosting to be provided by CALLFRIGHT.COM under the Agreement shall be on servers operated by or for CALLFRIGHT.COM (“CALLFRIGHT.COM Servers”) and several merchants may share the resources and network capacity of those CALLFRIGHT.COM Servers.
E. CALLFRIGHT.COM reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to Client. Client agrees to receive administrative communications from CALLFRIGHT.COM in regards to the Services, Client’s account, policy changes and system updates.
F. Third-Party Licensors
i. Client acknowledges and agrees that the Services may include and/or may be provided, in some cases, by third party Licensors to CALLFRIGHT.COM (hereinafter “Third Party Licensors”). For all Services that are provided by Third Party Licensors to CALLFRIGHT.COM, Client agrees with and shall abide by all Third Party Licensor terms and conditions, if any. Such Third Party Licensor terms and conditions are available upon request (the “Additional Terms and Conditions”). Any Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. Client acknowledges and agrees that it will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into this Agreement, to the extent those Additional Terms and Conditions do not conflict with the terms and conditions of this Agreement, as if set forth fully herein. Client further agrees that it will be subject to all Additional Terms and Conditions where Client elects to add services to its Services package.
ii. Client acknowledges that CALLFRIGHT.COM may, at its sole discretion, change any Third Party Licensors that provide services under this Agreement, or add or delete discrete services from the Services. In the event that CALLFRIGHT.COM changes Third Party Licensors, CALLFRIGHT.COM may provide Client with notification of changes in Third Party Licensors and refer Client to information posted on CALLFRIGHT.COM ’ website relative to that change which shall become Additional Terms and Conditions for the purposes of this Agreement.
iii. Client further expressly agrees that in conjunction with any use of any particular service, on Client’s website and/or otherwise in connection with the Services, Client agrees to the Additional Terms and Conditions related thereto and located online here, and further authorizes CALLFRIGHT.COM to accept such Additional Terms and Conditions on Client’s behalf. Client expressly authorizes CALLFRIGHT.COM to opt Client in to the services of callfright.com, and should Client be opted-in to any such services by CALLFRIGHT.COM, Client shall have the right to opt-out of such services by contacting CALLFRIGHT.COM at mobile No 9000 848484
3. Ownership and License.A. The Services provided by CALLFRIGHT.COM hereunder, and all worldwide intellectual property rights therein, are the exclusive property of CALLFRIGHT.COM. All rights in and to the Services not expressly granted to Client in this Agreement are wholly reserved by CALLFRIGHT.COM.
B. Subject to the terms and conditions of this Agreement, CALLFRIGHT.COM grants to Client a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Services.
C. Client acknowledges that the Services and their structure, organization, and source code constitute valuable trade secrets of CALLFRIGHT.COM. Accordingly, except as expressly allowed under this Agreement, Client will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Services; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Services to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Services or (d) transfer its interest in and to the Services to any third party.
D. Subject to the terms and conditions of this Agreement, CALLFRIGHT.COM grants to Client a non-exclusive, non-transferable, revocable, royalty-free license (without the right to grant sublicenses) to use and reproduce certain trademarks provided to Client by CALLFRIGHT.COM under this Agreement (“CALLFRIGHT.COM Marks”), solely for use in the display on those locations as designated by CALLFRIGHT.COM in its sole discretion. CALLFRIGHT.COM grants no rights in the CALLFRIGHT.COM Marks other than those expressly granted in this Section. Client acknowledges CALLFRIGHT.COM’ exclusive ownership of the CALLFRIGHT.COM Marks, Client agrees not to take any action inconsistent with such ownership and Client agrees not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the CALLFRIGHT.COM Marks or in such a way as to create combination marks with the CALLFRIGHT.COM Marks. At CALLFRIGHT.COM’ request (in its sole discretion), Client will immediately discontinue any use and display of the CALLFRIGHT.COM Marks. Client acknowledges and agrees that, except with respect to the trademark license granted herein in and to the CALLFRIGHT.COM Marks, no licenses are granted by CALLFRIGHT.COM to any other trademarks, service marks, or trade names owned by CALLFRIGHT.COM, its parent, or affiliates.
E. Certain additional features that CALLFRIGHT.COM may make available to Client in conjunction with the Services may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions (“Additional Software”). Similarly, CALLFRIGHT.COM may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions (“Additional Services”). Client agrees that Client will not use such Additional Software or Additional Services unless Client has agreed to the applicable terms and conditions, including but not limited to Client’s payment of additional fees as required.
F. If Client purchases a domain name as part of the boarding process for the Services (the “Domain Name”) Client will be considered the owner of the Domain Name; however CALLFRIGHT.COM will be listed as the technical contact. By using the Services, Client represents and warrants that any name or word submitted to be used as all or part of the Domain Name does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the Domain Name in connection with a commercial or personal endeavor and that it is not merely “cyber squatting,” i.e., obtaining the Domain Name merely to attempt to sell the rights to the Domain Name or sub domain to some third party. Client further represents and warrants that the Domain Name will not violate the Acceptable Use Policy and other acceptable use provisions referenced or listed in Section 5 below.
4. No Guarantee of Results.Client acknowledges that CALLFRIGHT.COM does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of CALLFRIGHT.COM and for which CALLFRIGHT.COM will bear no responsibility. Client irrevocably covenants, promises and agrees to indemnify CALLFRIGHT.COM and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of CALLFRIGHT.COM under this Agreement.
5. Covenants and Acceptable Use.A. Client may use the Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the CALLFRIGHT.COM Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time. In addition, Client agrees that it will not use the Services to:
i. Engage in any illegal or tortuous activity;
ii. Violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
iii. Sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material;
iv. Use verbal, physical, written or other abuse (including threats of abuse or retribution) of any CALLFRIGHT.COM customer, employee, member, or officer will result in immediate account termination; or
v. Publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to CALLFRIGHT.COM in its sole discretion.
B. Client’s failure to comply with the covenants set forth in this Section of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination of this Agreement and the Services.
6. Billing.A. The Services will commence on the date Client’s order for the Services is accepted by CALLFRIGHT.COM (the “Effective Date”) and will thereafter continue on the basis of successive billing periods (with the first day of each billing period being a “Billing Date”) until terminated by either party in accordance with this Agreement. For each billing period, CALLFRIGHT.COM will charge the Client’s credit card on each Billing Date for (i) any non-refundable recurring subscription fees as well as any other annual or one-time fees due in advance for the billing period beginning on that date, and (ii) any transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through the Client’s Store (as defined below) during the previous billing period.
B. Without limiting CALLFRIGHT.COM ’ other remedies, any amount that is not retrievable from Client’s credit card when due will accrue a late fee at one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. CALLFRIGHT.COM may continue to submit charges on Client’s credit card from time to time until all fees due are paid. CALLFRIGHT.COM may suspend all or any portion of the Services at any time when fees are due and unpaid. For any amounts not paid when due CALLFRIGHT.COM will be entitled to recover from Client losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses’ cost or other costs of any kind incurred by CALLFRIGHT.COM hereunder.
C. All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and Client will be responsible for payment of all such taxes (other than taxes based on CALLFRIGHT.COM’ income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or performance of the Services hereunder.
8. Termination and Suspension.A. Client may terminate this Agreement at any time by giving CALLFRIGHT.COM notice at least seven (7) days prior to the next Billing Date.
B. CALLFRIGHT.COM may also terminate this Agreement at any time by giving Client at any time without any time limit with a prior notice either by email or written communication, SMS, facsimile, speed post and/or any other mode of communication is acceptable under law. In addition, CALLFRIGHT.COM may immediately terminate this Agreement, limit Client’s activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Client’s account or the Services, in whole or in part, and/or refuse to provide some or all of the Services functionality to Client, without notice, if in CALLFRIGHT.COM ’ sole discretion: (i) Client fails to pay any fees in accordance with this Agreement; (ii) Client breaches the covenants of this Agreement; (iii) Client breaches this Agreement or the documents it incorporates by reference in any other manner; (iv) CALLFRIGHT.COM is unable to verify or authenticate any information Client provided to CALLFRIGHT.COM ; or (v) CALLFRIGHT.COM believes that Client’s actions may cause financial loss or legal liability for Client or CALLFRIGHT.COM, (vi) harmful and/or hazardous material sought for transport services and/or for shipment (vii) govt imposes any restriction or ban on any goods/products for shipment (viii) when the client fails to execute undertaking of safety and licenced goods.
C. Rights Upon Termination. In the event of termination of this Agreement for any reason, the licenses granted under this Agreement shall automatically and immediately ceases. Following termination the Client will have no right to use or access the Services. Upon termination, there will be no refund provided to Client and all outstanding fees owed by Client shall become immediately due and payable. In its discretion, CALLFRIGHT.COM may permit a Client to recover data from the Services following termination after payment of additional fees. Additionally, if applicable, within four (4) weeks of termination of this Agreement Client must move the Domain Name from any CALLFRIGHT.COM Servers. Termination shall not affect the rights of CALLFRIGHT.COM to recover from Client losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Agreement.
9. Notice.A. CALLFRIGHT.COM may give notice to Client of any matter under this Agreement (i) orally, by calling Client’s representative or by leaving a voicemail for Client’s representative at the telephone number in Client’s profile, (ii) by email to the email address provided by Client in Client’s profile, (iii) by regular mail to Client’s mailing address in Client’s profile, or (iv) by posting to our website and/or any of the applicable pages linked thereto, as updated from time to time. All mail notices shall be effective upon receipt, email and fax notices shall be effective upon transmission and all website notices shall be immediately effective upon posting.
By providing your contact information to CALLFRIGHT.COM, you agree that CALLFRIGHT.COM may use that information to contact you via email, postal mail, telephone or fax in any format or manner. CALLFRIGHT.COM may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail or express mail). In no event shall CALLFRIGHT.COM be liable to you for choosing to send notice to one address, or by one means of delivery, and not others. B. Client may give notice to CALLFRIGHT.COM by regular or certified mail to the following address: firstname.lastname@example.org
However, Client is to give notice of termination of the Services to CALLFRIGHT.COM by calling CALLFRIGHT.COM at either 9000 848484 between 9am to 5pm IST.
10. Affiliate Program.If during the order process Client checked the box to participate in the CALLFRIGHT.COM affiliate marketing program, or has otherwise been accepted by CALLFRIGHT.COM to participate in such affiliate marketing program, the following provisions apply: i. CALLFRIGHT.COM will pay a commission (the “Commission”) equal to ten percent (10%) of amounts billed and received by CALLFRIGHT.COM from new customers who purchase services from CALLFRIGHT.COM within six (6) months after clicking on an approved CALLFRIGHT.COM affiliate marketing banner on a website owned or controlled by Client.
ii. All tracking of referrals and clicks are as determined by ‘CALLFRIGHT.COM’ systems. CALLFRIGHT.COM will not pay Commissions on sales that are subsequently rescinded or charged back and any Commissions paid on such sales must be repaid or debited from future Commissions due.
iii. CALLFRIGHT.COM will aggregate Commissions due and issue checks only when the check amount is equal to or greater than $50.00 (USD).
iv. CALLFRIGHT.COM may change the commission rate and other terms and conditions of this affiliate marketing program at any time, with such changes to be effective when posted to the CALLFRIGHT.COM website.
v. After enrolling in the affiliate marketing program, a Client must click the referral program link within the Client’s account and use the enclosed tracking link. Client may not use or display on the affiliate link any material that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of CALLFRIGHT.COM .
vi. A Client enrolled in the affiliate marketing program will continue to earn Commissions even after the Client terminates Services. CALLFRIGHT.COM may offset against any Commissions earned, however, any due and unpaid amounts in respect of Services.
11. Online Store Builder and Website Content.A. If during the order process Client selects the online website store builder services; the Services may enable Client to select a template and build an online website (the “Store”) through which they can sell their products and services online. Client will be solely responsible for the development, operation and maintenance of the Store, including the operation of the Store, accepting, processing and filing customer orders generated through the Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through the Store. Client agrees that CALLFRIGHT.COM has no obligation to back-up any data related to the Store’s operations and Client should independently take appropriate steps to maintain such data in accordance with Client’s needs and requirements.
B. Client will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on the Store or otherwise utilized by Client in conjunction with the Services (the “Content”), including all descriptions of the products and services Client offers or sells to customers via the Store and/or Services. As a conduit, CALLFRIGHT.COM will give Client discretion over the Content provided it is compatible and interoperable with the Services. Client retains all rights, title and interest in and to all intellectual property rights embodied in the Content, exclusive of any content provided by CALLFRIGHT.COM. Notwithstanding anything contained in the foregoing, if Client breaches any of the covenants of this Agreement, CALLFRIGHT.COM is entitled to immediately suspend or terminate Services, the Store and/or any access to information or data related to Client’s account.
C. Client acknowledges that, by only providing Client with the ability to publish and distribute Client’s own or third party products, services or content, CALLFRIGHT.COM and its Services are acting only as passive conduits for the distribution and/ or publishing of such products, services and/or Content. CALLFRIGHT.COM has no obligation to Client or any third party, and undertakes no responsibility, to review the Content to determine whether any such Content may incur liability to third parties. Notwithstanding anything to the contrary herein, if CALLFRIGHT.COM believes in its sole discretion (as applicable) that the Content may create liability for CALLFRIGHT.COM, Client agrees that CALLFRIGHT.COM may take any actions with respect to the Content that CALLFRIGHT.COM believes are prudent or necessary to minimize or eliminate CALLFRIGHT.COM’s potential liability. CALLFRIGHT.COM shall, as applicable, be the sole judge of what Content or materials may create liability for CALLFRIGHT.COM.
D. Moreover, Client covenants that any products, services, or Content published and distributed on the Store or otherwise in conjunction with the Services shall not violate the CALLFRIGHT.COM. Acceptable Use Policy that is incorporated herein by reference (including Section 5 above) and as it may be amended from time to time, nor shall they:
i. Be false, inaccurate or misleading;
ii. Be fraudulent or involve the sale of counterfeit or stolen items;
iii. Infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
iv. Violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
v. Be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
vi. Be obscene or contain child pornography;
vii. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
viii. Involve the transmission of any unsolicited commercial or bulk email (known as “spamming”) and Client shall not use its account or the Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
ix. Involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;
x. Be harmful or potentially harmful to the CALLFRIGHT.COM Server structure as determined in CALLFRIGHT.COM ’ sole discretion, including without limitation overloading the CALLFRIGHT.COM technical infrastructure;
xi. Involve subleasing Client’s account or offering “free space” on or other access to Client’s account or the Store to third parties;
xii. Create liability for CALLFRIGHT.COM and its subcontractors or expose them to undue risk or otherwise engage in activities that CALLFRIGHT.COM , in its sole discretion, determines to be harmful to CALLFRIGHT.COM ’ affiliates, operations, reputation, or goodwill; and
xiii. Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.
E. Furthermore, during the period that CALLFRIGHT.COM provides Services to Client pursuant to this Agreement, Client hereby grants to CALLFRIGHT.COM and its subcontractors a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform the Content solely for the purposes provided in this Agreement.
12. Indemnification.Client agrees to fully defend, indemnify, and hold harmless CALLFRIGHT.COM and each of CALLFRIGHT.COM ’ officers, directors, employees, agents, suppliers, service providers and affiliates (an “Indemnified Party”) from, against, and in respect of any and all losses, damages or deficiencies resulting from any third party claim against any Indemnified Party in connection with the following: (a) any breach of the covenants contained in this Agreement, (b) any Content provided by Client or generated by users of the Store, (c) any claims arising from the sale or license of goods or services in the Store or otherwise in conjunction with the Services, or (d) any breach of this Agreement or any of the documents it incorporates by reference. CALLFRIGHT.COM and the other Indemnified Parties’ rights hereunder shall not be limited or offset by any contributory negligence by CALLFRIGHT.COM or any other Indemnified Party. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party’s expense.
13. Disclaimer Of Warranties.CALLFRIGHT.COM , its suppliers and service providers, provide the software, additional software, and services, on an “as is” basis and expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and warranties arising from a course of dealing, usage or trade practice are excluded. CALLFRIGHT.COM , its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding uptime, use, data security, accuracy and reliability of their services. Client acknowledges and agrees that this Section is reasonable and an essential element of this agreement and that in its absence, the economic terms of this agreement would be substantially different.
14. LIMITATION OF LIABILITY.
IN NO EVENT WILL CALLFRIGHT.COM BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF CALLFRIGHT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF CALLFRIGHT.COM UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, CALLFRIGHT.COM WOULD NOT ENTER INTO THIS AGREEMENT.
A. Governing Law and Venue. This Agreement shall be governed in all respects by the laws of the State of Florida without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction. Any action under or relating to this Agreement shall be brought solely in the courts located in Hyderabad, India, with sole venue in the courts located in Hyderabad, and each party hereby submits to the personal jurisdiction of such Courts.
B. Legal Compliance. Client shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding its our use of the Services.
C. No Agency. Client and CALLFRIGHT.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
D. Entire Agreement. This Agreement sets forth the entire understanding and agreement between Client and CALLFRIGHT.COM with respect to the subject matter hereof. This Agreement may not be modified or amended by you without the express written consent of CALLFRIGHT.COM.
E. Force Majeure. Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party.
F. Assignment. Client shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. Client agrees that this Agreement may be assigned by CALLFRIGHT.COM, in CALLFRIGHT.COM’s sole discretion.
G. No Third Party Beneficiary. Client acknowledges and agrees that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
H. Severability; Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. CALLFRIGHT.COM’ failure to act with respect to a breach by Client or others does not waive CALLFRIGHT.COM ’ right to act with respect to subsequent or similar breaches. Neither party may waive any right hereunder except expressly and in writing.
I. Construction. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term “including” means “including without limitation,” unless expressly stated to the contrary.
J. Survival. Sections 2 (Services), Section 3 (Ownership and License), 6 (Billing) with respect to any outstanding fees owed for the Services, 7 (Use of Client Data), 8 (Termination and Suspension), 12 (Indemnification), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), and 15 (General) shall survive any termination or expiration of this Agreement where necessary for CALLFRIGHT.COM to enforce its rights therein.
K. Prohibited Transactions. Client warrants that Client is not, nor is Client acting on behalf of any person or entity that is, prohibited from engaging in transactions. In addition to all other rights and remedies available to Company under this Agreement, and at law and in equity, Client’s breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Client under this Agreement.
L. Miscellaneous. Each party hereto agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of India.
TERMS AND CONDITIONS FOR THE SUPPLIER/Transporter
Supplier means Transporter registered with the Govt authorities with valid licence to transport the goods and/or supplies through its transport vehicles, lorries, ships, by air, by road and/or any other means of shipment of the goods or commodities as per the agreed terms.
A. Responsibilities of Transporter:
1.0 Transport of Commodities/GOODS/services sought as per the indent raised by the client by using the CALLFREIGHT.COM, 1.1 Provide transport for transportation of Commodities/GOODS/services sought from one place to other as desired by the client.
1.2 The transporter is responsible to provide fuel for all his trucks/lorries/ships/vehicles etc., for transport of the goods as desired by the client.
1.3 Provide roadworthy vehicles/ships/trucks etc., in very good condition and well maintained for transportation of Commodities/GOODS/services to designated locations.
1.4 The Transporter is required to ensure his trucks are the types and sizes that can easily move within the area of operation and agreed transport. The state and/or govt to obtain the licence such as drivers licence, original insurance, all RTA documents by uploading with valid status including the fitness of the vehicles, to operate the transport, are the sole responsibility of the transporter.
1.5 Commence loading of the trucks in warehouse immediately they receive instructions from CALLFREIGHT.COM and contract has been signed and agreed for such transport/shipment. Delay to load within .......... hours, the contract will be treated as cancelled. The CALLFREIGHT.COM shall have every right to transfer the call or indent of the client to any other supplier without any prior notice for better administration of the client’s desire.
1.6 Properly cover the trucks carrying the commodities with good and strong tarpaulins. Make sure the tarpaulins are secured properly using strong ropes.
1.7 Transport the commodities from .....................to as per the waybills and to the final destinations according to client’s choice and as per the booking made in CALLFREIGHT.COM, the delivery goods/commodities/shipment is sole responsible of the suppler/transporter. CALLFREIGHT.COM shall not hold any responsibility of shipment but for facilitation to the client and supplier as per the terms and conditions of CALLFREIGHT.COM.
1.8 All efforts must be made to complete transportation without transhipment. In the event that transhipment becomes unavoidable, it may only take place with the knowledge and approval of the client to the CALLFREIGHT.COM, CALLFREIGHT.COM does not hold any responsibility of transhipment.
1.9 Complete the delivery of the total tonnage within the agreed period and report to CALLFREIGHT.COM.
2.0 Personnel: The Transporter shall employ adequate personnel to transport the commodities/goods/services. The responsibility for such personnel engaged by the transporter will be fully that of the Transporter and not of CALLFREIGHT.COM. The transporter shall follow the laws of the land in payments to the personal engaged by them and shall not exploit for any reason.
3.1 Provide invoices for all transport charges on a work to work basis and/or as per the indent raised by the client by using the CALLFREIGHT.COM service portal.
3.2 For payment the transporter will submit to the client and/or his nominee’s office in by marking a copy to the CALLFREIGHT.COM and handover the original Waybills as proof of delivery to the client. The Waybills must be signed and stamped by the authorised person of the client at the location. If the waybill is not signed either by the client and/or not marked to the CALLFREIGHT.COM, the same shall be deemed to be no service rendered by the transporter and the CALLFREIGHT.COM reserves the right to stop, enquire into the transaction and stop the payment. In addition, the transporter will attach the CALLFREIGHT.COM list of waybills received and signed in format provided.
4.0 Insurance and Security
4.1 The Transporter will ensure that the trucks are fully insured to the value of the Vehicle and cargo against normal risks (fire, theft, accident and third party liability) at their own expense and no liability will attach to CALLFREIGHT.COM in this respect for whatsoever reason. Transporter will provide proof a certificate from the insurance company of the insurance coverage to CALLFREIGHT.COM.
4.2 Transporter will ensure that the driver of the trucks and their assistants will also be insured in accordance with laws of India provide proof to CALLFREIGHT.COM of such insurance whichever is applicable and no liability will be attached to CALLFREIGHT.COM in this respect.
4.3 The Transporter will arrange for his own security for the trucks on transit. CALLFREIGHT.COM will be informed of the details.
B. Responsibility of CALLFREIGHT.COM:
1.0 Payment to Transporter
1.1. CALLFREIGHT.COM will collect the payments from the client for the services offered by the transporter and pay The Transporter for transport of commodities/goods/services as per the rate agreed up on the web portal and the same is final for all reasons. The transporter is responsible for the fuel, road tax, tolls and other incidental expenses during the transport. The CALLFREIGHT.COM has no obligation to value the expenses for the transport of the goods/services/commodities etc.,
1.2. CALLFREIGHT.COM does not make any advance payments. Full payments will be made Upon presentation of original signed/stamped yellow copies of CALLFREIGHT.COM waybills for the transport as per the indent raised by the client with any adjustments due to losses deducted at the time and/or other relevant deductions. This payment will be made within 15 working days after receipt of the original invoice, signed waybills and the CALLFREIGHT.COM list of waybills received signed by the client.
1.3 The transport invoices along with acknowledgement to CALLFREIGHT.COM/client duly signed Waybills will be issued after transportation tonnage negotiated as per the capacity of the transporter.
1.4. CALLFREIGHT.COM will deduct from the Transporter's invoice transit losses at CIF value in INR and transport costs for the commodities/damages/costs/time/goods etc., lost on transit. The damaged commodity remains the property of the client/ CALLFREIGHT.COM as agreed, between the client and CALLFREIGHT.COM. The transporter will only be paid for the actual quantity delivered fit to final destination on successful completion of the transport
1.5. All payments will be made through CALLFREIGHT.COM through RTGS and/or such other mode to the bank account mentioned by the transporter through the client.
1.6. All Payments will be made in cheque form or the bank transfer mode and paid to the name of the person indicated in the agreement unless agreed up during the signing of the agreement.
C. General Provisions1.0 Any losses during transportation from point of loading to the final destination will be deducted against the transport invoice. Transport charges will not be paid for Commodities lost/damaged. Underweight bags will be reweighed to determine the actual bags / kilograms (kgs) lost. In the event that commodities/goods/services are forcibly taken from a truck by armed men, or any other person with fire arms, the case will immediately be reported to the local police immediately without causing any delay to the client in the area. The entire transaction is between the client and transporter only. The CALLFREIGHT.COM is only a facilitator for which both the transporter and the client agreed specifically.
2.0 This agreement is valid till the 31st of March 20.....
3.0 This may be modified or extended by written agreement of both parties within fifteen days after receipt of written notice.
3.0 In the event of disagreement arising out of this contract, the parties agree to Negotiate a settlement of this agreement, or failing to reach a settlement submit the Disagreement to mediation Penalty Clause: In case of non operation of any convoy or truck due to mechanical failure, lack of spare parts, lack of fuel or lack of The Transporter's employees to comply with the terms of this agreement and where such a delay eventually disrupts the relief operation.
The Transporter will be allowed a maximum of seven (7) days as down time to solve the problem after which if the convoy/truck still does not arrive in the destination site, CALLFREIGHT.COM reserves the right to charge the transporter for the delay at the rate of INR..................per ton per day for each day the convoy/truck is delayed after the seven days. CALLFREIGHT.COM has the reserves the right to engage the services of another transporter without any further notice to the defaulting transporter.
The Transporter is expected to deliver the goods/commodities/service, the whole quantity of ........Mt as per waybill, within the specified period. An evaluation will be carried out at the mid of the month to review the performance of the transporter. This evaluation will be used to determine the continuity of this contract. If the performance of the transporter is considered below the expectation of CALLFREIGHT.COM, CALLFREIGHT.COM will reserve the right to terminate this contract based on the termination clause below and without any further reference to the transporter.
Termination of Agreement, CALLFREIGHT.COM may terminate this agreement for any reason upon giving 10 days written notice to transporter. In such an event, except when the termination is due to a breach of this agreement by transporter, CALLFREIGHT.COM will calculate payment (pro- rata) at the cost per ton or cost /km/Mt up to the point where the convoy stopped (whichever is applicable.)”
Force Majeure: If through "Force Majeure" (Government embargo, war, blockages, revolution, insurrection, mobilization, strikes, lockouts, riots, other extra ordinary civil disturbances, and/or an act of God) where one or both of the contracting parties are unable to perform their obligations under the terms of this contract; then it shall be considered canceled and no penalties attached to the parties. CALLFREIGHT.COM will then calculate payment at the rate per ton per kilometer up to the point where the convoy stopped.
1. Competencies to Contract:
The Parties confirms:
a. That they are duly authorized to consent to these terms and conditions on behalf of their respective companies/Firms/Entities/Corporations.
b. that they can form legally binding contracts under the applicable laws; c. that they have the right to grant the intellectual and informational property rights at issue under this agreement, and that such grants do not infringe the rights of any third party;
2. IDs & passwords: The Transporter/SUPPLIER agrees that the SUPPLIER’s IDs and passwords used for logging in the CALLFREIGHT.COM are confidential and proprietary. It is a violation of the Terms and Conditions for a Supplier to disclose its password or share its ID, password with any unauthorized third parties, or to use its ID and password for any unauthorized purpose other than the purpose mentioned herein. Each SUPPLIER is solely responsible for any unauthorized use of SUPPLIER's ID and password in connection to the CALLFREIGHT.COM.
3. Transacting on the Portal: All the Transactions entered into between the SUPPLIER and its respective buyers on the CALLFREIGHT.COM are governed by the specific Terms and Conditions of each Transaction (such as pre-qualification criteria, technical requirements, pricing, warranties, delivery, etc.) established between the SUPPLIER and clients of the CALLFREIGHT.COM. The CALLFREIGHT.COM is only a venue and a platform through which the SUPPLIER and their respective customers can transact. The power to make the decision of doing the business vests always and in all conditions with the SUPPLIER. CALLFREIGHT.COM is not a party to any of the transaction entered into upon between the client and the SUPPLIER and any of its buyers. CALLFREIGHT.COM does not set nor endorse any of the terms and conditions of the sale effected on the CALLFREIGHT.COM inclusive of but not limited to the price, contract terms, quality, safety, conformance or legality of the Products advertised or offered for sale, the ability of SUPPLIER to sell Products or the ability of its buyers to buy Products. CALLFREIGHT.COM cannot and does not control, in any situation, whether SUPPLIER will complete the sale of Products they offer or whether their buyers will complete the purchase of Products they request for on the CALLFREIGHT.COM. CALLFREIGHT.COM is also not responsible with respect to payment or collection for orders made and bids placed on the CALLFREIGHT.COM.
4. No warranty: The SUPPLIER confirms and agrees that by assenting to these terms and conditions, it assume any and all responsibility and risk of use of the CALLFREIGHT.COM and any products or services contained therein. CALLFREIGHT.COM provides the CALLFREIGHT.COM and services thereto "as is" and "as available," without any warranty or condition of any kind, express, implied or statutory. CALLFREIGHT.COM expressly disclaim any warranties of any kind, inclusive of but not limited to: a. the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; b. that service of the SUPPLIER will be continuous, uninterrupted and/or error-free; c. for replacement of any sort of goods which is sold on the Web Store by the SUPPLIER to any of its Buyers. d. the assurance as to the quality, identity, functioning or reliability of any buyer or SUPPLIER and guidance whether the SUPPLIER should do business with such buyer; and
5. The assurance as to the accuracy of any information made available on or through the CALLFREIGHT.COM by or on behalf of any buyer. Release: The Parties agree that CALLFREIGHT.COM is not a party to any agreements between SUPPLIER and buyer or any other parties for the transaction made on the CALLFREIGHT.COM, and further CALLFREIGHT.COM also has no control over the truth or accuracy of representations made by the aforesaid parties, or the ability of aforesaid parties to any such agreement to fulfil their part of any transaction. The SUPPLIER hereby releases and agrees to hold harmless CALLFREIGHT.COM inclusive of but not limited to its officers, directors, subcontractors (including without limitation technology providers) acting in their capacity of providing services to CALLFREIGHT.COM, and employees from any and all claims, demands, and damages of every kind and nature (including, without limitation to actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the CALLFREIGHT.COM, or any agreement or transaction between any SUPPLIER, on the one hand, and any other Third Parties on the other hand. The SUPPLIER further agrees that the function of CALLFREIGHT.COM is limited to providing access to a communication system over which information made available by SUPPLIER is temporarily stored and hosted. CALLFREIGHT.COM in any case does not initiate any transaction between the SUPPLIER and any of its buyers or select the buyer and neither CALLFREIGHT.COM has any control over the information contained on the CALLFREIGHT.COM
6. Good Faith and Fair Dealing: SUPPLIER hereby agrees to act in accordance with the principles of good faith and fair dealing when transacting on or through the CALLFREIGHT.COM. CALLFREIGHT.COM reserves the right to investigate any allegation or evidence of any SUPPLIER's failure to abide by the principles of good faith and fair dealing in connection with its use of the CALLFREIGHT.COM, and to fashion and enforce remedies, in its sole but reasonable discretion, in order to address any violation of such principles.
7. Information posted on the Portal: The CALLFREIGHT.COM may contain news and information published by various third parties, some of which may contain facts, views, opinions, analyses and recommendations of individuals and organizations deemed of interest. CALLFREIGHT.COM does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse these views, opinions, analyses, or recommendations. SUPPLIER assumes sole responsibility and risk for use of such content. The CALLFREIGHT.COM may contain links to third party websites not under the control or operation of the CALLFREIGHT.COM. The Parties agree that CALLFREIGHT.COM provides links only as a convenience and does not endorse, and is not responsible for the contents of, any site linked to its CALLFREIGHT.COM. SUPPLIER assumes sole responsibility and risk for use of such third party links. The Parties further agree that SUPPLIER postings to the Portal are the sole responsibility of the SUPPLIER and CALLFREIGHT.COM has no obligation to monitor Portal contents or third party links on such linked Third Party Websites and CALLFREIGHT.COM expressly disclaims any responsibility to filter any such content. However, CALLFREIGHT.COM reserves the right to take any action with respect to information posted on the CALLFREIGHT.COM that CALLFREIGHT.COM deems inappropriate in its sole discretion, including but not limited to the immediate removal of offensive or harmful content, or suspension or termination of SUPPLIER's rights of use of CALLFREIGHT.COM. The SUPPLIER confirms that the SUPPLIER is solely responsible, which is inclusive but not limited to, for pricing and payment realization of the product posted on the CALLFREIGHT.COM, details, availability and quality of the products, replacement of the products which are defective or malfunctioning, deciding the mode of payment, Mode of delivery, delivery charges ,delivery time of the products posted on CALLFREIGHT.COM , The SUPPLIER further confirm that all the information posted on the CALLFREIGHT.COM by the SUPPLIER is complete, true, accurate and not misleading to best of its knowledge and the product description and their respective images are not deceptive. The SUPPLIER is solely responsible for any mismatch between product categories and quantity selected by any of its buyer and the respective delivery made by the SUPPLIER, the Post delivery supports and installation, if any, for the products posted on the CALLFREIGHT.COM. The SUPPLIER is also solely responsible for any dispute with related to inclusive but not limited to product’s quality, warranty etc. posted by him on the CALLFREIGHT.COM and sold to the buyer. The SUPPLIER further agrees that it shall not post information on the CALLFREIGHT.COM that is, or offer Products or services for sale that are:
a. fradudulent or related to the sale of counterfeit or stolen items; infringing of any third party's rights, including but not limited to copyright, patent, trademark,
• trade secret, or other proprietary rights or rights of publicity or privacy or Intellectual Property Rights; transmitted anonymously or labelled under a false name;
• in violation of any applicable law, statute, rule or regulation (including without limitation those • governing export control, consumer protection, unfair competition, cartelisation, government/public sector procurement, anti-discrimination or false advertising); obscene, indecent or pornographic;
• defamatory, trade libellous, threatening or harassing; or
• unsolicited or unauthorized advertisements, promotions, or other forms of solicitation.
• In addition, SUPPLIER may not link directly or indirectly to, or include descriptions of, Products
a. that are prohibited by this Usage Agreement or
b. to which the SUPPLIER does not have the right to link or include. SUPPLIER must obtain the CALLFREIGHT.COM's express permission to link CALLFREIGHT.COM to their web sites. Furthermore, SUPPLIER should not sell through the Web Store any Product or service that could cause CALLFREIGHT.COM to violate any applicable law, statute, ordinance, or regulation of any jurisdiction.
9. Compliance with laws: SUPPLIER shall comply with all applicable laws, statutes, ordinances and regulations regarding the use of the CALLFREIGHT.COM, bidding on or purchase of merchandise, and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, cartelisation, government/public sector procurement, or false advertising).
10. System Integrity: SUPPLIER hereby agrees not to tamper in any way with the software or functionality of the CALLFREIGHT.COM. Without limiting the foregoing, the SUPPLIER agrees not to put any computer programs, information or data into the CALLFREIGHT.COM which contains any viruses, Trojan horses, worms, cancel bots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
11. License: Subject to the Terms and Conditions, CALLFREIGHT.COM hereby grants SUPPLIER a personal, nontransferable, non-exclusive, non-sub-licensable license to use the software and the user interface for viewing and otherwise using the CALLFREIGHT.COM and its services in accordance with the Terms and Conditions, and for no other purpose. All rights, title and interest in and to the software, user interface and content made available from, on or through this CALLFREIGHT.COM shall belong to CALLFREIGHT.COM including all modifications thereof and enhancements thereto. The software and user interface made available from, on or through this CALLFREIGHT.COM may not be copied, modified or distributed by SUPPLIER, nor may derivative works be prepared therefrom. The license granted pursuant to the Terms and Conditions is solely for the internal use of SUPPLIER and may not be used for any time sharing or service bureau purposes outside of SUPPLIER's organization. SUPPLIER shall not reverse engineer, decompile, or otherwise translate, in any way, the software and user interface made available from, on or through this CALLFREIGHT.COM. SUPPLIER shall have no right or claim of right to the software or any unique ideas found on this CALLFREIGHT.COM. No ownership rights are granted to SUPPLIER hereunder and no title is transferred hereby.
12. Relationship: CALLFREIGHT.COM and SUPPLIER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Usage Agreement, or the Terms and Conditions.
13. Termination: In its sole discretion, CALLFREIGHT.COM may restrict or terminate SUPPLIER's usage of the CALLFREIGHT.COM products or services, postings, or current bids immediately if the SUPPLIER breaches any of the Terms and Conditions, fails to pay any overdue amount as described in Clause 6, or if CALLFREIGHT.COM is unable to verify or authenticate any information provided by the SUPPLIER. Notice of termination must be provided in accordance with the requirements set forth in Clause 16 within 30 days. SUPPLIER agrees that, upon termination of this Usage Agreement, said SUPPLIER will pay all outstanding amounts owed to CALLFREIGHT.COM, in full, and honour all outstanding transactions and pending transactions. Any amount not due prior to seven (7) days from the date the Usage Agreement is terminated is due within seven (7) days after termination. SUPPLIER hereby acknowledges and agrees that in the event said SUPPLIER fails to pay all amounts due within seven (7) days after termination of this Usage Agreement, such unpaid amounts shall be deemed "overdue" and interest will accrue on such overdue amounts at a rate of one and one-half percent (1.5%) per month or part thereof, or the maximum amount allowed by law, whichever is less. CALLFREIGHT.COM will give notice with regard to the aforesaid termination to the Supplier and the agreement would stand terminated within 1 month of such notice given by CALLFREIGHT.COM to Supplier.
14. Settlement of Disputes: If any dispute or differences arise between CALLFREIGHT.COM and the Supplier with regard to construction, meaning, interpretation or termination of this agreement, recovery of dues and effect of these present or any part thereof the same shall be referred by either party to the Chairman Cum–Managing Director of the CALLFREIGHT.COM who shall refer the matter for adjudication to the sole arbitrator, mutually agreed. There shall be no objection to the said appointment of the arbitrator. The award of the sole arbitrator so appointed shall be final and binding on the parties to the agreement. The venue of the Arbitration shall be at Hyderabad and the Court at Hyderabad India shall have exclus
ive jurisdiction to decide the matter relating to the Arbitration referred to the above 15. Service of Notice: Any notices request or other communications to be given or made under this Agreement shall be in writing and shall either be delivered personally by hand or sent by courier, registered or certified mail or facsimile. Notices and other communications shall be addressed as follows:
(a) If to CALLFREIGHT.COM:...................................
(b) If to SUPPLIER: ..........................................
16. Governing law and jurisdiction: This Usage Agreement and the relationship between SUPPLIER and CALLFREIGHT.COM shall be governed by and construed in accordance with the laws of India. CALLFREIGHT.COM makes no representation that material on the CALLFREIGHT.COM is appropriate or available for use in other locations, or that the contents comply with local law. Those who choose to access this CALLFREIGHT.COM from other locations do so on their own initiative and are responsible for compliance with local laws.
17. Indemnification: Without limiting the generality or effect of other provisions of this Usage Agreement, as a condition of use, SUPPLIER agrees to indemnify, hold harmless, and defend CALLFREIGHT.COM against all costs, expenses, liabilities and damages incurred by any Indemnified Party in connection with any third party claims arising out of: a. SUPPLIER's usage hereunder and/or engagement in transactions on the CALLFREIGHT.COM, including, but not limited to, failure of any Products to meet specifications or breach of warranty, b. SUPPLIER's failure to comply with any applicable laws and regulations (including without limitation those regarding the export/import of Products or technology) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, c. SUPPLIER's breach of any of its obligations set forth in the Terms and Conditions; and d. Infringement claims asserted against CALLFREIGHT.COM based on its use of SUPPLIER's intellectual and informational property; and e. SUPPLIER's agreements or transactions with Third Party Providers. SUPPLIER shall not settle any such claim without the written consent of the applicable Indemnified Party, which such consent shall not be unreasonably withheld.
18. Limitation of liability: In no event shall CALLFREIGHT.COM, nor any officer, affiliate, director, shareholder, agent, subcontractor (including without limitation technology providers and suppliers) acting in its capacity of providing services to CALLFREIGHT.COM, or employee be liable to any user or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, or lost profits, earnings, or business opportunities, or expenses or costs, even if advised of the possibility thereof, resulting directly or indirectly from, or otherwise arising (however arising, including negligence) out of: the use of the CALLFREIGHT.COM by the SUPPLIER, including, but not limited to, damages resulting from or arising out of SUPPLIER's reliance on the ‘CALLFREIGHT.COM”, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, misdeliveries, transmissions, eavesdropping by third parties, or any failure of performance of the CALLFREIGHT.COM; any agreement entered into between SUPPLIER and any third party (or the negotiations or discussions conducted in anticipation of any such agreement), whether or not such third party is a third party provider as defined in this usage agreement; the termination or suspension of a SUPPLIER's id and password by CALLFREIGHT.COM pursuant to the terms and conditions; the failure, or alleged failure, of any product or service purchased or transferred pursuant to the CALLFREIGHT.COM to conform to any specifications or terms, whether published on the portal or not; the breach, or alleged breach, of any warranty, express or implied, relating to any such product, service or shipment; or government restrictions, strikes, war, any natural disaster or force majeure, or any other condition beyond CALLFREIGHT.COM’s reasonable control. CALLFREIGHT.COM’s liability to any user or any third party in any circumstances is limited to deactivation of membership and cancellation of orders /products delivery by the suppliers.
19. Miscellaneous Provisions: These Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the SUPPLIER's use of the CALLFREIGHT.COM, and supersede and replace any and all prior written or verbal agreements. Headings are for reference only. A party's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between a SUPPLIER and CALLFREIGHT.COM nor trade practice shall act to modify any provision of the Terms and Conditions. If any particular provision of the Terms and Conditions is held to be invalid or unenforceable, such determination shall not affect any other provision of the Terms and Conditions which shall remain in full force and effect. In addition, if any provision contained in the Terms and Conditions shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Terms and Conditions may not be assigned or transferred to third parties by SUPPLIER without prior written permission from CALLFREIGHT.COM. The SUPPLIER shall not be construed to be a third party beneficiary of any agreement between CALLFREIGHT.COM and any supplier to the CALLFREIGHT.COM. Copyright and trademark notices: The entire contents of the Portal are copyrighted under applicable copyright laws. The CALLFREIGHT.COM or its licensors are the exclusive owners of the copyrights.
Usage of the website of the CALLFREIGHT.COM is under the agreement and both the client and the supplied shall be abide by the terms and conditions setforth above. Both the supplier and the client shall be abide by the terms and conditions in strict sense and any breach of the terms and foul play, the CALLFREIGHT.COM shall have absolute right to prosecute the client and the supplier in the courts at Hyderabad.