Terms and Conditions
This document is an electronic record and rules there under are as applicable.
1.Introduction
1.1. These terms of use (the " Terms of Use") govern your use of our Platform. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By even merely using the Platform, you shall be contracting with EastCape Logistics (“EastCape Logistics,” “we,” “us,” “our”) and you signify your acceptance to the Terms of Use and other EastCape Logistics policies (including but not limited to the Privacy Policy and Cookies Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
1.2. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties and such Agreements EastCape Logistics might execute with you (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on EastCape Logistics’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not access the EastCape Logistics Service.
1.3. In order to access the EastCape Logistics Service, you need to (1) be atleast an age of 18 years, if you don’t meet the minimum age requirement your parent or guardian will enter into the contract on behalf of you, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to EastCape Logistics is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, EastCape Logistics undertakes no liability in relation to a violation of Terms and Conditions of Use by you.
2. CHANGES TO THE AGREEMENTS
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued accessing of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
3. Communication
3.1. You agrees to receive communications from EastCape Logistics regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about EastCape Logistics and the Services; (iv) promotional offers and services from EastCape Logistics and its third party partners, and (v) any other matter in relation to the Services.
4. KNOW YOUR CUSTOMER POLICY
4.1. EastCape Logistics may require You to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents.
4.2. You hereby authorise EastCape Logistics and any third-party service provider it may engage with or interact with in connection with using the Platform to process Your Documents and ascertain your eligibility. Any processing undertaken by EastCape Logistics shall be in accordance with its Privacy Policy and these Terms. It is hereby clarified that as far as the permission of the Your Documents by a third party service provider is concerned, the same shall be governed by the privacy policy of such third party service provider.
4.3. You agree that it may be required to submit additional documents as and when required by EastCape Logistics or any of its third party service providers and if, in such an event, any additional information, data, or documentation is required (collectively, “Top-Up Documents”), the You hereby agrees to share such Top-Up Documents promptly upon request, and further, authorises EastCape Logistics to process such Top-Up Documents. You agree and warrant to provide valid, true, complete, and up-to-date Documents and Top-Up Documents. You further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the Your access to certain features of the Services may be limited or denied in such event.
4.4. The list of the Documents and Top-Up Documents may be provided to the User, when he or she requests for them through channels of communications such as an email sent to ops@eastcapelogistics.com
5. YOUR INFORMATION
5.1. Any and all information relating to transactions with their customers or relating to their businesses, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as “Your Information”). Your Information may be exchanged between the users and your customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Users and their customers provided on the Platform.
5.2. EastCape Logistics does not claim any ownership rights in Your Information, and you hereby expressly acknowledge and agree that Your Information remains your sole responsibility.
5.3. At the time of creating or uploading the Your Information with respect to your customers, You shall inform your customers of your use of the Platform to record such Your Information and Your Information related to future transactions and seek such customer’s express consent in this regard and to: The creation of a profile of the customer on the Platform, which will require sharing such customer’s phone number and contact details with EastCape Logistics; receive communications from EastCape Logistics regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about EastCape Logistics and the Services; (D) promotional offers and services from EastCape Logistics and its third party partners, and (E) any other matter in relation to the Services. If such customers fail to provide consent, or withdraw consent, You shall immediately cease to use the Services in relation to such customers. You shall be solely responsible for obtaining such consent from your customers and EastCape Logistics shall assume that such consent as required under clause 5.1 above is sought and received by You if You provide details of Your Information relating to any of such customers at any time during the use of the Platform.
5.4. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any content to which you do not hold the necessary rights. In particular, any unauthorized use of material within Your Information, independent of whether it is or becomes unauthorized at a later point, may constitute violation of applicable laws and is strictly prohibited. Any such infringements may result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
5.5. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and EastCape Logistics shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
6. GRANT OF LICENSE
6.1. By uploading Your Information on to the Platform, you initiate an automated process to transcode any content and direct EastCape Logistics to store Your Information on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to Your Information offline) and other communication to the public of Your Information on the Platform and elsewhere using the Services. To the extent it is necessary in order for EastCape Logistics to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to EastCape Logistics on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
6.2. By uploading Your Information on to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to EastCape Logistics, and to operators. You can limit and restrict the availability of certain of Your Information. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Information (for example, your profile picture) ("Marks"), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting with which you have associated those Marks.
6.3. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise lawfully licensed by EastCape Logistics. Subject to compliance with these Terms, EastCape Logistics grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
6.4. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to EastCape Logistics’s or any third party’s intellectual rights.
6.5. The contents of this Platform, including but not limited to the text and images herein and their arrangements, unless otherwise noted, are copyright-protected in the whole and every part of this Platform and the same belongs to EastCape Logistics and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of EastCape Logistics.
7. REPRESENTATIONS AND WARRANTIES
7.1. You hereby represent and warrant to EastCape Logistics as follows: (i) Your Information, and each and every part thereof, is your information and you have obtained all necessary, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize EastCape Logistics to use, Your Information pursuant to these Terms of Use, including, without limitation, the right to upload, store, and each and every part thereof, on, through or via the Platform, any and all Services.
7.2. Your Information and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party rights, including, without limitation, any rights in confidential information.
7.3. You have obtained any and all necessary consents, permissions and/or releases in Your Information to publish the same on the Platform.
7.4. Your Information does not and will not create any liability on the part of EastCape Logistics, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. EastCape Logistics reserves the right to remove Your Information, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Information breaches any of the foregoing representations or warranties, or otherwise violates any applicable laws.
7.5. You shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
7.6. You shall extend all cooperation to EastCape Logistics in its defending of any proceedings that may be initiated against it due to a breach of the your obligations or covenants under these Terms.
7.7. While EastCape Logistics uses commercially reasonable efforts to provide you with a daily backup of Your Information, You should regularly and independently save, backup, and archive Your Information.
7.8. You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the You may not: Infringe either directly or indirectly any third party proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party; except as may be provided hereunder, use in any manner including copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works from, or license the Services; use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware; use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof; engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory; or violate applicable laws in any manner.
8. LIABILITY FOR YOUR INFORMATION
8.1. You hereby acknowledge and agree that EastCape Logistics (i) stores Your Information and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading and storage such information, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Information that you upload, or store on or through the Platform, and to the extent permissible by law, EastCape Logistics excludes all liability with respect to all content (including Your Information) and the activities.
8.2. You hereby acknowledge and agree that EastCape Logistics cannot and does not review the information created or uploaded by its users, and neither EastCape Logistics nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does breach these Terms of Use or applicable law.
8.3. Notwithstanding anything to the contrary contained herein, neither EastCape Logistics nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless EastCape Logistics, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
8.4. To the fullest extent permissible by law, EastCape Logistics, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to: your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services; the occurrence or existence of any defect, interruption, or delays in operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to EastCape Logistics’s records, programmes, services, server, or other infrastructure relating to the Services; or the failure of the Services to remain operational for any period of time.
9. THIRD PARTY SERVICES
9.1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.
9.2. EastCape Logistics makes no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
10. INDEMNIFICATION
10.1. You hereby agree to indemnify, defend and hold harmless EastCape Logistics, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
a. any violation by you of these Terms of Use or our Privacy Policy;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy or violation of applicable laws arising from the hosting of Your Information on the Platform, and/or the actual use of Your Information by Platform in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Information;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of EastCape Logistics.
11. DATA PROTECTION, PRIVACY AND COOKIES
All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, disclosed and otherwise processed by EastCape Logistics in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy.
12. TERM AND TERMINATION
12.1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
12.2. EastCape Logistics may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion, if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.
12.3. Upon termination these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
12.4. Notwithstanding anything to the contrary contained in the Terms, upon termination of Your access to or use of the Services, all amounts or outstanding amount due by you in relation to your use of or access to the Services shall become immediately payable.
13. DISCLAIMERS
13.1. The use of the Services is at your sole risk.
13.2. You acknowledge and agree that EastCape Logistics is not engaged in the provision, grant, or disbursement of any financial product, further EastCape Logistics does not act as an intermediary and does not collect or facilitate the collection of money for any financial product. EastCape Logistics is not and will not be responsible for any claim or for any damages suffered, whether by you, your customers or any other person or party, that are related, directly or indirectly, to or arise out of the same including any payments made by you or your customers. You further agree and undertakes to retain proof of sale documentation (in electronic or physical form) in connection with each payment link it generates or sends to customers.
13.3. EastCape Logistics is only a Freight brokerage service provider and: does not hold any license to engage in any activities relating to financial products; is not a financial institution under the Companies Act, or the Banking Regulation Act, or any other laws for the time being in force in US; and is not an intermediary under the applicable laws.
13.4. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. EastCape Logistics does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
13.5. To the fullest extent permissible under applicable law, EastCape Logistics expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
13.6. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that EastCape Logistics shall have absolutely no liability with respect to the same.
14. CONSENT TO USE DATA
14.1. You agree that EastCape Logistics and any third party service providers it engages, may, in accordance with its Privacy Policy, collect and use your information and technical data and related information with your consent.
14.2. EastCape Logistics may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
14.3. Subject to applicable laws, EastCape Logistics may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, EastCape Logistics shall have the right to share such data with relevant agencies or bodies.
15. MAINTENANCE OF RECORDS
You shall maintain the records of all payment transactions on the Platform independently of the Platform (by way of physical copies et cetera) and EastCape Logistics reserves the right to seek copies of such records for their own use including record keeping.
16. FEES/CHARGES
EastCape Logistics reserves the right to charge a convenience fee for the Services and non-payment may result in denial of Services.
17. MODIFICATION
EastCape Logistics reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. EastCape Logistics shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
18. ASSIGNMENT TO THIRD PARTIES
EastCape Logistics may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of EastCape Logistics. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of EastCape Logistics.
19. SEVERABILITY
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
20. ENTIRE AGREEMENT
These Terms of Use, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and EastCape Logistics with respect to your use of the Platform (other than any use of EastCape Logistics’s APIs which may also be subject to separate [API Terms of Use]), and supersede any prior agreement between you and EastCape Logistics. Any modifications to this Agreement must be made in writing.
21. THIRD PARTY RIGHTS
These Terms of Use are not intended to give rights to anyone except you and EastCape Logistics. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
22. APPLICABLE LAW AND JURISDICTION
You hereby agree that, this Terms of Use is governed by the laws of US, and any dispute arising under this Terms of Use shall be subject to exclusive courts of Austin, TX, USA.