Please read the following terms of service (“Agreement” or “Terms of Service”) before you install the PORTEXCEL LOGITRACK™ application/Platform or use any of the products or services, we provide through our application, software or website (all of which are referred to collectively herein as the “PORTEXCEL LOGITRACK”). The PORTEXCEL LOGITRACK is owned, licensed and operated by Thar Shipping Lines LLP. (referred to herein as “we,” “us,” “our,” “Thar Shipping Lines”, PORTEXCEL or “PORTEXCEL LOGITRACK”), which has developed applications and services for use in connection with a variety of devices and platforms, including without limitation, Windows, Mac, iPhone, iPad, Kindle Fire, Android, BlackBerry, Windows phone, Chrome, Safari, Firefox and other mobile devices and computers.
As a user ( “User” or “You” ) of the platform, User understand that platform provides access between multiple users like buyer, seller, transporter, data partners and other mediators, service providers etc., with a view to create information bridge of material dispatches and sharing the information between buyer – seller – transporter. In future other vendors can also use platform to provide additional features and services.
It is hereby clarified that the term “User” Shall mean & include any person/Company using the platform i.e. buyer, seller, transporter, shop keeper, industry branches, data partners and other partners. Your usage of this platform implies that you have clearly read, understood and agreed to abide by following disclaimer, terms & conditions.
The Terms of Service constitute a binding legal agreement, which govern your usage of the Portexcel Logitrack via any platform or device. By installing the PORTEXCEL LOGITRACK™ application, visiting our website or installing or using any of the Portexcel Logitrack app, you are accepting these Terms of Services. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services. This Agreement includes the following provisions;
The App provides access to an online platform bringing together buyer, seller, transporter, insurance company, data partners and other partners willing to abide by the terms & conditions herein. PORTEXCEL is merely a facilitator, maintaining an app and providing a platform where data transmission occurred between various users for the benefit of all.
PORTEXCEL LOGITRACK is merely providing an app, where all the data have to be given by users as per actual and have to select whom they intend to send data. PORTEXCEL LOGITRACK is not having any kind of trucks or trailer of their own. PORTEXCEL is just managing and storing the data and through app providing to desired users.
In the event you wish to use our app or our services, you will be required to give certain information and after scrutiny & successful login our team will inform the same by phone or by email.
PORTEXCEL provides various products and services, including but not limited to (“Services”):
Facilitating the dispatch confirmation between buyer, seller, transporter on its platform.
Assisting its customers to provide dispatch details and managing all the information’s at a single platform.
Storing their data for certain time period.
In the event user has registered his mobile number on the “Do Not Disturb-DND” with his network service provider, user shall ensure to take all steps to enable the company’s representatives to contact you via phone to provide details about different financial products and you shall ensure that such calls or messages received by you are pursuant to providing us with information and you shall not register a complaint with the relevant authorities for the same.
PORTEXCEL LOGITRACK is meant only and only for commercial usage by the service provider; specifically for dispatch confirmation of your orders and any non-commercial usage or copying or passing information to third party or any usage, which is not as per the PORTEXCEL standard, we reserve the right, at any time, in our sole discretion, with or without notice, to terminate the account of user and also to block access to the PORTEXCEL LOGITRACK by particular user.
The User of this Platform unequivocally declares and agrees that the User is a natural/legal/authorised person who has attained the age of at least 18 years and is legally allowed to work and enter into a contract in India. The User is allowed to utilize the Services in accordance with the terms and conditions detailed hereinafter. By registering on the Platform, the User hereby undertakes to agree and abide by the Terms & Conditions detailed herein. If the User violates any of these Terms & Conditions at any time or otherwise violates an agreement entered into through the medium of the Platform, PORTEXCEL may terminate the User’s membership, delete his/her profile and any content or information posted online by the User on the Platform and / or prohibit the User from using or accessing the Platform at any time in its sole discretion, with or without notice, including without limitation if PORTEXCEL believes that User is under the age of 18 years.
- ACCEPTANCE OF TERMS AND CONDITIONS
As a User of this Platform, you have agreed to the Terms & Conditions provided hereunder or anywhere else on this Platform including but not limited to disclaimers on this Platform. You are advised to read and understand the said Terms & Conditions and in case you do not wish to agree to these Terms & Conditions, please refrain from using the Platform.
PORTEXCEL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to the User. It is the User’s responsibility to review these Terms & Conditions periodically for any updates/ changes. User’s continued use of the App or Website following the modification of these Terms and Conditions will imply the acceptance by the User of the revisions.
- YOUR ACCOUNT
You can access and update most of the information you provided us on the ‘dashboard’ area of your account after you log-in or by writing to us at firstname.lastname@example.org. The right to use this Platform is personal to the User and is not transferable to any other person or entity.
You shall at all times abide by the Terms and Conditions stated herein and any breach of these conditions may also lead to PORTEXCEL terminating Your account and appropriate civil and criminal remedies will be sought against You as provided under the laws of India.
6. LICENSE AND ACCESS
PORTEXCEL LOGITRACK grants You a limited license to access and use the Platform for availing the Services, but not to download any material from it (other than page caching) or modify it, or any portion of it, except with expressed written consent of PORTEXCEL and/or its affiliates, as may be applicable. Any unauthorized access to the Platform or any networks, servers or computer systems connected to Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or re-format or frame any portion of the pages of the Platform, save to the extent expressly permitted by these Terms & Conditions, is not permitted. This license is non-transferable and does not permit any resale or commercial use of this Platform or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of PORTEXCEL and / or its affiliates, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the license granted by PORTEXCEL.
You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
7. MONITORING OF THE PLATFORM AND YOUR ACCOUNT
PORTEXCEL has the right and liberty to monitor the content of the Platform at all times which shall include information provided in your account. The monitoring of the Platform is important to determine the veracity of the information provided by you and that every User remains in consonance with the Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, PORTEXCEL shall also have the liberty to remove any objectionable content which is in contravention of the Terms & Conditions herein or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.
- SERVICE SUSPENSION:-
PORTEXCEL may stop providing the Services and may terminate use of it at any time without giving notice of termination to you. Unless PORTEXCEL informs the User otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; and (b) User must stop using the Platform forthwith. PORTEXCEL reserves the right to suspend or cease providing any Service and shall have no liability or responsibility to the User in any manner whatsoever if it chooses to do so.
- PROHIBITED USAGE:-
In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Platform: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited usage.
10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:-
Notwithstanding anything to the contrary contained herein, neither Portexcel nor its affiliated companies, subsidiaries, officers, directors, employees or any related party shall have any liability to You or to any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to these Terms & Conditions. To the maximum extent permitted by law, you waive, release, discharge and hold harmless PORTEXCEL, its affiliated and subsidiary 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 Your usage of the Platform.
As a User, you also acknowledge that PORTEXCEL has maintained and carried out all possible checks and balances to assure the credibility of the Users as listed on the Platform. The information provided on the Platform is based on the information that is provided to PORTEXCEL. In case the User does not disclose any information to PORTEXCEL, and the same is not found out at the first instance by us despite all measures adopted to certify the ratings or credibility of a User, PORTEXCEL shall not be responsible for any claims or liabilities.
PORTEXCEL makes no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, PORTEXCEL assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Platform; and/or any interruption or errors in the operation of the Platform. This limitation of liability clause shall prevail over any conflicting or inconsistent provision contained in any of the documents/content comprising this Terms & Conditions. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, malware, Trojan horses and other items of a destructive nature.
YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COMPANY MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.(VI) ANY DATA LOSS DUE TO MALWARE OR HACKING (VII) DATA RETREVIAL OR MODIFICATION ONCE SUBMITTED TO APP/ PORTAL . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER AGREE THAT NEITHER COMPANY OR THIRD PARTY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE / PLATFORM; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. THE MAXIMUM LIABILITY OF PORTEXCEL SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SERVICE.
User agree to indemnify, save, and hold PORTEXCEL, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Website or App or Platform, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. PORTEXCEL reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify PORTEXCEL, including rights to settle, and you agree to cooperate with PORTEXCEL’s defence and settlement of these claims. PORTEXCEL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
12. ADVERTISERS/ THIRD PARTY LINKS ON THE PLATFORM
PORTEXCEL accepts no responsibility for advertisements contained within the Platform. PORTEXCEL has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the Platform exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. PORTEXCEL does not provide any endorsement or recommendation of any third-party website or mobile application to which the Platform provides a link. Further, the Users consent and agree that the content provided on the Website and the App shall be synced and shall be available in both mediums.
13) USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at PORTEXCEL’s request, you send certain specific submissions (for example contest entries) or without a request from Us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You are licensing to the Company and its service providers, any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Service. Company and service provider of Company may use, modify, display, distribute and create new material using such Content to provide the Service to You. Company and Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through Your use of the Service. By submitting Content, you automatically agree or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Company and its third-party service provider may use the Content for the purposes set out above. As between Company and third-party service provider, Company owns your confidential account information.
You acknowledge that PORTEXCEL is a platform bringing Users together and that the PORTEXCEL is not engaged any kind of dispatches or data transmission. You acknowledge that the use of PORTEXCEL tool for sending dispatch confirmation entirely based on the users choice, there is no role or boundation by PORTEXCEL for the same on its users. You acknowledge that neither PORTEXCEL nor its affiliates, contractors, employees, officers, directors, agents and its third-party associates, licensors, and partners have any interest with regard to any dispatch information uploaded on the app. User acknowledge that PORTEXCEL will not be responsible for any claim or damage in case of use of the App. PORTEXCEL in no manner warrants or guarantees the performance of a third-party service provider that is providing services through the App. You acknowledge that PORTEXCEL in no manner guarantees that the Users have provided all the information on this App which is true and correct including his address, phone numbers etc. User acknowledges that it is his/her responsibility to verify the information about the Company/person on the Platform and PORTEXCEL is in no manner liable if the information provided on this App is untrue or incorrect. You acknowledge that PORTEXCEL is in no manner responsible for any claim of money or damages in the event information submitted is false or cheated by information sender. We again reiterate PORTEXCEL is just a app provider which is connecting buyer-seller – transporter on a single platform and if wrong information submitted by any of these , PORTEXCEL has no responsibility for any kind of damage or loses due to this, its users responsibility to cross verify the information before using it.
15. APPLICABLE LAWS
Your use of this Platform and any Term & Conditions stated in this agreement is subject to laws of India. In case of any disputes arising out of the use of the Website, Courts of Bangalore will have exclusive jurisdiction.
Users have complete authority to file a complaint/ share feedback if they are disappointed by services rendered by PORTEXCEL. They can give their complaint/ feedback in writing or by way of an email to the following:
Grievance Officer: Mr. Deepak