(i) TENDER & QUOTATION
The terms and conditions ("Terms") governs the use and access of the tender and quotation platform ("Tender & Quotation Platform") hosted on www.tatanexarc.com
, as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform") or any current or future feature or functionality or offer made available on Tender & Quotation Platform, as updated from time to time ("Services") and constitute an agreement between Tata Business Hub Limited ("Tata nexarc", "we", "us" or "our") and any natural or legal person who accesses and/or uses Tender & Quotation Platform or the Services in any manner ("you" or "your").
These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the Tender & Quotation Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the
Privacy Notice
and Terms and Conditions of the Platform and the other applicable rules, policies, and terms posted on the Platform, available through Tender & Quotation Platform, or provided with the Services ("Platform Terms" and collectively with these Term, "Agreement"), since those terms also govern your use of Tender & Quotation Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the Tender & Quotation Platform. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the Tender & Quotation Platform and/or Service.
- SCOPE OF SERVICES
1.1.
The Terms set out herein specifically govern your access and use of the Tender & Quotation Platform, which provides a platform for you to inter alia: (a) discover, view, access, publish, and/or participate in tenders published on the Tender & Quotation Platform along with connecting to the respective owner/publisher of such tender(s) ("Tender Publisher"); and (b) discover, view, access, and/or participate in the tenders published on third party websites by clicking on the hyperlink of such third party websites provided at Tender & Quotation Platform (collectively known as "Tender(s)"). For the purposes of publishing a Tender on the Tender & Quotation Platform in terms of Clause 1.1(a) above, you will be required to provide specific details of the Tender including but not limiting to [insert specific details], in the form and manner provided at Tender & Quotation Platform.
1.2.
You agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Tender & Quotation Platform. Accordingly, any Tender or your participation therein shall be a strictly bipartite contract between you and the Tender Publisher.
1.3.
Please note that we may from time to time change the Terms that govern your use of the Tender & Quotation Platform. Every time you wish to use our Services, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the Tender &Quotation Platform and/or suspend the operation of the Tender & Quotation Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
- SCOPE OF SERVICES
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Tender & Quotation Platform. In case you are below 18 years of age, you may access and use the Tender & Quotation Platform only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
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REGISTERED USERS
You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, access, publish, and/or participate in Tenders and/or avail the Services on the Tender & Quotation Platform.
- LINK TO THIRD PARTY WEBSITES
The Tender & Quotation Platform contains links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. Tata nexarc allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party site. You should read the terms and conditions on these sites as well as their privacy policies before indulging in the content offered by such websites. Neither Tata nexarc, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to Tender & Quotation Platform. Tata nexarc is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
5.1.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Tender & Quotation Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
5.2.
To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Tender & Quotation Platform or the content, materials and functions related thereto.
5.3.
Tata nexarc is neither liable nor responsible for any actions or inactions of the person/ entity which published the Tender or bid for the Tender, or any breach of conditions, representations or warranties by them. Tata nexarc is not obligated to mediate or resolve any dispute or disagreement between the users who avail Services on the Tender & Quotation Platform.
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MISCELLANEOUS
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).
(ii) nexTalks
The terms and conditions ("Terms") govern the use and access of the nexTalks web platform ("nexTalks Platform") hosted on
www.tatanexarc.com
, as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform") or any current or future feature or functionality or offer made available on the nexTalks Platform, as updated from time to time ("Services") and constitute an agreement between Tata Business Hub Limited ("Tata nexarc", "we", "us" or "our") and any natural or legal person who accesses and/or uses the nexTalks Platform or the Services in any manner ("you" or "your").
These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the nexTalks Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the
Privacy Notice
and
Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, available through nexTalks Platform, or provided with the Services ("Platform Terms" and collectively with these Term, "Agreement"), since those terms also govern your use of the nexTalks Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the nexTalks Platform. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the nexTalks Platform and/or Service.
- SCOPE OF SERVICES
1.1.
The Terms set out herein specifically govern your access and use of the nexTalks Platform, which provides a platform for you to inter alia: (a) discover and watch pre-recorded and/or live webinars; (b) access information, data, video, media, recordings, files, graphics, and related materials published on nexTalks Platform (collectively known as "Content"); (c) express views or reactions in the form of comments to such Content; (d) allows you to ask questions to the creator of the Content.
1.2.
Please note that we may from time to time change the Terms that govern your use of the nexTalks Platform. Every time you wish to use our Services, please check these Terms to ensure you understand the terms and conditions that apply at that time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the nexTalks Platform and/or suspend the operation of the nexTalks Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
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ELIGIBILITY
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the nexTalks Platform. In case you are below 18 years of age, you may access and use the nexTalks Platform only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
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REGISTERED USERS
You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, and/or access the Content and/or avail the Services on the nexTalks Platform.
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ACCEPTABLE USE
4.1.
We may monitor the Content (including comments or questions posted by users) published on the nexTalks Platform, and may take all appropriate actions to enforce its rights including removing such Content, if the same is found to be in contravention of applicable law or the Agreement.
4.2.
While accessing and using the Services, you hereby undertake to abide by the following:
(a)
You will not post any comment or review that contravenes the provisions of the Agreement or the applicable law.
(b)
You will not upload viruses or other malicious code.
(c)
You will not post anything which is grossly harmful, harassing, blasphemous, defamatory, obscene, paedophilic, libellous, invasive of another's privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harm minors in any way or otherwise unlawful in any manner whatever, and
(d)
You will not facilitate or encourage any violations of the Agreement.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
5.1.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the nextalks Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defines of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
5.2.
The opinions, statements, answers provided by the creator of the Content on the nexTalks Platform are solely of the individual and independent opinions and statements of such individuals do not reflect the opinions of Tata nexarc. We do not endorse any specific individual. It is to be noted that we are not an agent of the creator of the Content, and we take no position and offer no opinion.
5.3.
To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or content or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, nexTalks Platform or the content, materials and functions related thereto.
5.4.
Tata nexarc is neither liable nor responsible for any actions or inactions of the person/ entity which created the Content or any person who access or view the Content, or any breach of conditions, representations, or warranties by them.
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MISCELLANEOUS
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).
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GRIEVANCE REDRESSAL
You may submit any grievance with respect to nexTalks Platform or the Services, including any complaints or grievances with respect to access or usage of nexTalks Platform in violation of these Terms by any person, or with respect to take down of Content, to the grievance officer , appointed under the Platform Terms.
(iii) nexConsult
These terms and conditions (“Terms�) govern the use and access of the nexConsult web platform (“nexConsult Platform�) hosted on www.tatanexarc.com
, as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform�) or any current or future feature or functionality or offer made available on the nexConsult Platform, as updated from time to time (“Services�) and constitute an agreement between Tata Business Hub Limited (“ Tata nexarc�, “we�, “us� or “our�) and any natural or legal person who accesses and/or uses the nexConsult Platform or the Services in any manner (“users�, “you� or “your�).
These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the nexConsult Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the Privacy Notice
and Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, available through nexConsult Platform, or provided with the Services (“Platform Terms� and collectively with these Term, “Agreement�), since Platform Terms also govern your use of the nexConsult Platform. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the nexConsult Platform. If these Terms are inconsistent with the Platform Terms, these Terms will prevail to the extent of such inconsistency with respect to the nexConsult Platform and/or Services.
- SCOPE OF SERVICES
1.1.
nexConsult Platform allow you to avail consultation and advisory services from several consultants including but not limiting to Finance, Sales and Marketing, Human Resources, Supply Chain, Regulation and Compliance, Digital & Tech, Government Schemes consultant (“Consultant�), based upon their expertise in the respective fields.
1.2.
The Terms set out herein specifically govern your access and use of the nexConsult Platform, which provides a platform for you to inter alia: (a) discover any Consultant basis your specific requirement; (b) avail audio and/or audio-video consultation from such Consultants; (c) access the pre-read material provided before the scheduled consultation; and (d) express feedback post the consultation by the Consultant.
1.3.
Please note that we may from time to time change the Terms that govern your use of the nexConsult Platform. Every time you wish to use our Services, please check these Terms to ensure that you understand our terms and conditions applicable at that point of time. Further, please note that Tata nexarc reserves its right to either change the format and the content of the nexConsult Platform and/or suspend the operation of the nexConsult Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
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ELIGIBILITY
Those persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the nexConsult Platform. In case you are below 18 (Eighteen) years of age, you may access and use the nexConsult Platform only through your parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
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REGISTERED USERS
You agree and acknowledge that only the registered users would be entitled to discover, view, access and/or avail the Services of the nexConsult Platform.
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ACCEPTABLE USE AND DISCLAIMER
4.1.
While accessing and using the Services, you hereby undertake to abide by the following:
(a)
You will not upload viruses or other malicious code on the Platform.
(b)
You will not post anything which is grossly harmful, harassing, blasphemous, defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, harm minors in any way or otherwise unlawful in any manner whatever, and
(c)
You will not facilitate or encourage any violations of the Agreement.
(d)
You will not circumvent any technical measure or bypass the Platform in any manner to directly approach the Consultant or use Platform to request, make or accept a consultation with the Consultant independent of the Platform, to circumvent any fees in any manner or for any other reason.
4.2.
The opinions, consultation, views, statements, and answers shared by the Consultant on the nexConsult Platform are solely of the Consultant and such opinions, consultation, views, statements, and answers do not reflect the opinion of Tata nexarc. We do not endorse any specific Consultant. It is to be noted that neither we are the agent of the Consultant, nor the Consultant is the agent of Tata nexarc, and we take no position and offer no opinion on the nexConsult Platform.
4.3.
At no instance,Tatanexarc shall be considered to be involved in providing legal, accountancy, tax or any other services, which a Consultant would be providing on the nexConsult Platform. You expressly acknowledge and agree that nexConsult Platform is merely a facilitator, and Tata nexarc do not guarantee the qualification, good standing and authority of any Consultant providing consultancy and advisory services on nexConsult Platform. No representation is made that the quality of the services provided by Consultants on nexConsult Platform will be greater than the quality of professional services that may be available anywhere else. We implore all the Users to make their own independent investigation and evaluation before availing such services.
4.4.
To the fullest extent permitted by law, in no event shall Tata nexarc or any of its directors, officers, employees, agents or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, nexConsult Platform or the advice, materials and functions related thereto.
4.5.
Tata nexarc makes no warranty, including implied warranty, and expressly disclaims any obligation which may imply that: (a) the opinions, consultation, views, statements, and answers shared by the Consultant is and/ or will be complete, exhaustive, accurate or suitable to your requirements; (b) nexConsult Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; and (c) the results that may be obtained from the use of nexConsult Platform or Services will be accurate or reliable.
4.6.
You agree and acknowledge that the calls may be recorded for quality and training purposes and to serve as a record in case of any dispute arising in the future.
4.7.
You shall be bound by the cancellation and refund policies available on the Platform for the Services availed by you via the Platform.
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LINK TO THIRD PARTY WEBSITES
The nexConsult Platform may contains links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. Tata nexarc allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party websites. You should read the terms and conditions of these websites as well as their privacy policies before indulging in the content offered by such websites. Neither Tata nexarc, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to nexConsult Platform. Tata nexarc is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access links of any third-party websites, you are doing so entirely at your own risk and expense.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the nexConsult Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and/or a third party, and you agree to cooperate, at your expense, with our defences of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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MISCELLANEOUS
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).
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GRIEVANCE REDRESSAL
You may submit any grievance with respect to nexConsult Platform or the Services, including any complaints or grievances with respect to access or usage of nexConsult Platform in violation of these Terms by any person, to the grievance officer, appointed under the Platform Terms
(iv) nexLogistics
These terms and conditions (“Terms�) govern the use and access of logistics services as available on Tata nexarc, www.tatanexarc.com
, as well as any other mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform�) or any current or future feature or functionality or offer made available on the Platform, as updated from time to time (“Services�) and constitute an agreement between Tata Business Hub Limited (“TBH� , “we�, “us� or “our�) and any natural or legal person who accesses and/or uses the Services in any manner ( “Consignor�, “you� or “your�).�).
These terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By using the Platform and/or availing the Services, you expressly agree to be bound by these Terms. Please read these Terms together with the Privacy Notice
and Terms and Conditions of the Platform and other applicable rules, policies, and terms posted on the Platform, or provided with the Services (“Platform Terms� and collectively with these Terms, “Agreement�), since those terms also govern your use of the Services. Accordingly, the terms applicable on the Platform shall also be deemed to be applicable on the Services. If these Terms are inconsistent with the Platform Terms, these Terms will control to the extent of such inconsistency with respect to the Services.
- SCOPE OF SERVICES
1.1.
The Platform allows you to, inter alia, discover, view, access and/or avail various categories of Services which are provided by Logistics Partners who have registered with the Platform. “Logistics Partner� shall mean entity/organization/company onboarded on the TBH platform to provide Services to the Consignors.
1.2.
You agree and understand that TBH facilitates the actual Delivery and/or shipment of the product shipped by Consignor to Consignee, by providing a platform for the Consignors to avail Services.
1.3.
For the purpose of this Agreement, “Consignee� shall mean the persons receiving the material/product/item (“Consignment�) dispatched by the Consignor, and “Delivery� shall mean tender of shipment or conveyance of the Consignment to the Consignee at the location designated by the Consignor.
1.4.
TBH reserves its right to either change the format and/or the content of the Platform and/or suspend the operation of the Services or Platform for support or maintenance work, in order to update the Platform or for any other reason, at any time.
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ELIGIBILITY
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use, avail and/or access the Platform and Services. In case you are below 18 years of age, you may access and use the Platform and Services only if enabled by a parent or legal guardian. Further, if you are availing Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
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REGISTERED USERS
You agree and acknowledge that only registered users of the Platform would be entitled to discover, view, and/or access and/or avail the Services on the Platform.
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ROLE OF CONSIGNOR
4.1.
Contents of the Consignment
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The Consignment entrusted by Consignor to TBH is booked strictly on “SAID TO CONTAIN BASIS�. TBH shall be under no obligation and is not expected to verify the contents and description of the Consignment declared by the Consignor on the Platform. The Consignor shall be responsible for all consequences arising due to incorrect and incomplete declaration.
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The Consignor hereby declares that the Consignments shall not include any of the banned commodities-
- restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws
- Any Consignment whose carriage is prohibited by any law, statute, or regulations applicable at the place of origin or destination, or any location through which the Consignment may transit.
- Any Consignment which would be likely to cause damage, or delay to equipment, personnel, or other shipment(s).
- Any Consignment which may require TBH to obtain a license for its transportation.
- Any item listed under Part I of Annexure A of these Platform Terms.
- The Consignor is solely liable for any misrepresentation pertaining to the declaration under this clause.
4.2.
Documentation
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Consignor shall provide complete documents along with accurate details of the Consignee’s name, address, contact numbers, email address, forms, permits, valid e-way bills, invoices, STN (Stock Transfer Note), MSDS certificate (if applicable) etc. as per the statutory requirements.
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In case of any deficiency or inaccuracy in the documents or information or statutory requirements submitted by the Consignor, TBH shall not be made liable for the same.
4.3.
Statutory Payments and Compliances
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The Consignor is solely responsible for all payment if any levied by the government or any statutory body etc. such as entry tax, GST (Goods & Services Tax) or any other tax levied from time to time.
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TBH shall not be responsible for any consequential loss, freight refund etc. in case of any Consignment is held up by any statutory authority such as tax authorities levying GST and / or excise, customs check post officials, entry tax/octroi/service tax officials etc.
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The Consignor shall be solely responsible to comply with all statutory requirements (State and Central Laws/Statutes) applicable in relation to booking and sale of the Consignments carried and delivered in pursuance of this Agreement.
4.4.
Delivery
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The Consignor agrees that the Consignment shall be picked up by Logistics Partner from the Consignors’ designated location as provided by the Consignor on the Platform. In the event the Consignor opts for hub-drop delivery, the Consignor shall be responsible for delivering the materials to the Logistics Partners’ designated location (“Hub Location�) as displayed and opted by the Consignor during order booking.
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You understand that the fees, charges or freight payable by you for availing the Services are dependent on the designated pick-up location, Hub Location and the Consignee’s location as provided by the Consignor on the Platform. In case the Consignor requests for change in either the source/pick-up address, Hub Location and/or the destination address then the fees, charges or freight for transport of the Consignment shall change and any additional costs in this regard shall have to be borne by the Consignor. and shall be adjusted by raising the credit note/debit note for such difference in amounts.
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In the event the Consignee: (a) refuses to accept the Delivery of the Consignment due to any reason; (b) is not available at the designated location on working days and within office hours, TBH reserves the right to make decision on behalf of the Consignor to RTO (Return to Origin) the shipment at the expense of the Consignor. RTO cost shall be computed as per the costs/price displayed on the Platform at the time of RTO along with additional charges for the same Logistics Partner selected by Consignor during the forward journey of the Consignment.
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In the event the Consignor does not pay the RTO cost as applicable or refuses to accept the Consignment within 15 days of request made by TBH, TBH reserves the right to auction the Consignment and recover costs or to dispose-off the Consignment in such manner as it may deem fit. This is without prejudice to the right of TBH to exercise any other legal remedy.
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TBH may, at its discretion, provide web based (online) tracking solutions for all or limited number of Consignments through its Logistics Partners.
4.5.
Obligation of the Consignor
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Consignor shall ensure that all shipments for carriage are prepared and pacekd adequetly to ensure safe carriage with normal care in handling also with required documents . Any article susceptible to damage as a result of any condition which may be encountered during handling or transportation by air, railway or road must be adequately protected by You by proper packaging and TBH shall not be liable for any damage or shortages occurring as a result of improper packing.
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Consignor shall properly paste and insert the invoice, in and on the package and also provide it to the Logistics Partner while handing over the Consignment.
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The Logistics Partner shall handover a copy of the docket (or consignment note) to the Consignor of the Consignment.
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The Consignor undertakes that in the event any Consignment contains fraudulent or prohibited items as specified in applicable laws or in this Agreement, TBH would inter alia have the right to retain the custody of such Consignment (including opening and inspecting of Consignment). This is without prejudice to right of TBH to be indemnified for such breach in accordance with this Agreement. Consignor shall further be liable for consequences mentioned in Part II of Annexure-A of this Agreement.
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The Consignor hereby agrees that, in all cases where the requirement of e-way bill is mandatory, the Consignor shall provide a valid e-way bill (during the case of RTO) to TBH, within 7 days from the date of the Consignment being marked as 'RTO Initiated' on Consignor’s dashboard. In case the Consignor fails to provide said e-way bill within the stipulated time period, then the concerned Consignment may be marked as 'Disposed', and TBH shall not be held liable for any liability in relation thereto.
4.6.
Loss, Damages and Delivery
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Consignor shall ensure that the packaging of the Consignment is safe, proper, and adequate to withstand the normal transportation and environmental hazards and in compliance with the applicable laws. TBH shall not be liable for any kind of loss or damage to the Consignment caused due to improper or defective packaging and in such cases insurance claims shall also not be acceptable by TBH.
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In case of any dispute regarding the Delivery of the Consignment, the Consignor shall put remarks on the Proof of Delivery (POD) and inform TBH. In the event no remarks are provided on the POD no claims shall be raised by Consignor at any later stage for the said Consignment.
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TBH shall not be liable for any claims raised by the Consignor, in the event – a) the outer packaging done by Consignor is intact and not tampered with at the time of Delivery; b) no complaint has been lodged in writing within 3 days of the date of Delivery or report of loss subject to relevant remarks on the POD c) the claim is raised post-Delivery without recording the grievance clearly on POD.
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In respect of any loss or damage to the Consignment(s) in transit: (i) in case the Consignor has not opted in for insurance and requests for the certificate of facts (COF), then TBH TBH shall cooperate in furnishing the COF from Logistics Partner to the Consignor; (ii) in case Consignor has opted in for insurance then TBH shall, directly or via insurance provider, as the case may be, evaluate the value of such claims after taking in to account the extent of damage, salvage value etc. in relation to the Consignment; and (iii) in case the Consignor has not opted for insurance and has not requested for the COF, TBH shall be liable for claims of up to a maximum amount of Rs 5,000 per docket (or order) only. You understand that such cases for insurance claim or COF shall only be entertained if relevant remarks are mentioned in POD and claims are raised within 3 days of reported damage or loss or pilferage of goods.
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In case of damaged/pilferaged/tempered/pressed/leaked Consignment, Consignor shall ensure that Consignee mentions negative remarks on POD copy to get claim for the Consignment.
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In relation to claims for damage to Consignment(s), it is hereby clarified that the amount of compensation to be paid by TBH shall depend upon the quantum/percentage of damage as against the full product value of the Consignment.
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In case the Consignment is stored in warehouse longer than 3 days due to Consignee not accepting Delivery then demurrage charges not exceeding Rs 1/kg/day (Charged weight) shall apply.
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TBH shall not be responsible or liable in any manner to the Consignor for any losses, damage, injuries, or expenses incurred by the Consignor as a result of any action taken by TBH where the Consignor has consented for the same.
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TBH shall be, in no manner liable to remit the Cash-on-Delivery (COD) that is to be received as payment by the Consignor in case of forcible snatching of the delivery package by the Consignee. Such incidents/cases shall be the sole responsibility of the Consignor and the Consignor is liable to initiate actions to resolve such incidents, if any, on its own, including but not limited to legal processes. The Consignor undertakes to resolve the disputes raised, if any, by the Consignee within a period of 24 hours from the raising of such dispute(s). Failure to do so shall authorise TBH to hold the COD remittance, till the time such dispute(s) is rectified by the Consignor.
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TBH shall not be liable for any delays, defaults or damages caused by any unforeseeable event not within reasonable control of TBH including but not limited to government restrictions, lockdowns, fire, earthquake, flood, epidemic, strike, lockout, riot, civil disturbance, war, civil commotion, act of God, act of terrorism, court orders, etc. (“Force Majeure Event�)
4.7.
Order cancellation and refund
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In case the order is cancelled by any party, due to any reasons whatsoever, either before the pick-up process is initiated by TBH or before the Consignment is dropped at Hub Location by the Consignor , TBH shall refund the payment in full made in respect of such Consignment within 7 (seven) days from the date of such cancellation.
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In the event that order is cancelled after the pick-up process is initiated or when the Consignment is at the source Hub Location, applicable charges in repect of such initiation of process, TBH’s charges and costs for reverse logistics shall be adjusted against the payment made (if any) and the remaining amount shall be refunded to the Consignor. In case of FOD (freight on delivery) orders, the Consignor shall be required to pay the applicable charges to TBH, post which the Consignment shall be returned to Consignor. In case the Consignor refuses to pay the amount, TBH reserves the right to withhold or auction off or dispose off the Consignment in any such manner that it may deem fit after 15 (fifteen) days from the date of such cancellation.
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In case order is cancelled after the Consignment is in transit between the source and the destination location, the Consignor shall bear both the forward and the reverse freight charge, TBH’s charges and costs for reverse logistics . In case the Consignor refuses to pay the amount in lieu of such freight charges, TBH reserves the right to withhold or auction off or dispose off the Consignment in any such manner that it may deem fit after 15 (fifteen) days from the date of such cancellation.
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In case of order cancellation, the Consignor shall be obliged to return the docket copy (or consignment note) to TBH, failing which TBH reserves the right to hold the custody of the Consignment.
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In case of order cancellation by TBH after pick-up of the Consignment, TBH may recommend any other logistics partner to fulfil the requirememt of the Consignor and if the same is rejected by the Consignor, the Consignor shall be entitled to a full refund.
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LINK TO THIRD PARTY WEBSITES
The Platform may contain links to third party websites. We have no control over the content, offers and advertisements broadcasted on such websites. TBH allows users to access content, product as well as services linked to such third-party websites using hyperlink. Such hyperlink will re-direct the user(s) to the third-party websites. You should read the terms and conditions of these websites as well as their privacy policies before indulging in the content offered by such websites. Neither TBH, its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon any third-party website linked to Platform. TBH is not responsible for the content of any third-party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to access links of any third-party websites, you are doing so entirely at your own risk and expense.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
6.1.
INDEMNITY
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Tata nexarc, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, violation of these Terms, or infringement of any intellectual property or other rights of Tata nexarc or any third-party, any prohibited items entering the network of TBH due to your act or omission, any defaults or errors in declarations and documentations provided by you, if any Consignment is seized by government authorities due to incomplete or improper documentation of TBH, if any default by you delays other shipments, or if any loss is caused to any other shipment loaded in the same vehicle due to wrongful declaration of the nature of your Consignment, etc. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and/or a third party, and you agree to cooperate, at your expense, with our defences of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
6.2.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall TBH or any of its directors, officers, employees, agents or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Platform or the Services, materials and functions related thereto. Notwithstanding anything provided hereof, the aggregate liability of TBH for any such losses under law, contract or otherwise shall be limited to: (a) Rs 5,000/- (Rupees Five Thousand only) per docket note provided the same is claimed within 30 (thirty) days of handover of Consignment by the Consignor to the Logistics Partner; and (b) Rs.100/- (Rupees Hundred only), where the value of Consignment is declared by the Consignor as NCV (No Commercial Value).
6.3.
DISCLAIMER:
We do not endorse any specific Logistics Partner. TBH is not performing any activity or job or providing service on behalf of the Consignor which is tantamount to seller or trader or retailer and or stockiest/distributor. The complete activity performed by TBH under this Agreement is based on specific instructions given by the Consignor as part of the scope defined and from time to time.
No representation is made that the quality of the Services provided on Platform will be greater than the quality of services that may be available anywhere else. We implore all the Consignors to make their own independent investigation and evaluation before availing such services.
TBH makes no warranty, including implied warranty, and expressly disclaims any obligation which may imply that: (a) the Services provided by TBH is and/ or will be complete, exhaustive, or suitable to your requirements; (b) Platform or the Services will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; and (c) the results that may be obtained from the use of Platform or Services will be reliable.
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CHARGED WEIGHT, FEES AND PAYMENTS
7.1.
CHARGED WEIGHT
- For the purpose of this Agreement, including this clause, the following definitions shall apply:
- “Actual Weight� shall mean the Total dead weight of all the boxes contained in the Consignment.
- “Charged Weight� shall mean the weight calculated as the maximum of Actual Weight and Volumetric Weight subject to minimum Charged Weight
- “Volumetric Weight� shall mean the volume in cu. ft. multiplied by CFT factor as defined by TBH/Logistics Partner.
- For every Consignment, Consignor will be charged based on Charged Weight . Such weight referred to as Charged weight shall be rounded up to the next integer and will be displayed to the Consignor before confirmation of the order.
- Consignor shall provide accurate information about the Actual Weight, dimensions (length, breadth, and height) and unit of dimension to the best of their knowledge. In case the Consignment is packed in anything other than carton box, Consignor shall provide maximum length, breadth and height including the extension/protrusion along any of the edges. Any discrepancy arising may be adjusted and suitably charged by TBH to paying party.
- For calculation of Volumetric Weight, Actual Weight and dimensions provided by the Consignor shall be considered. Upon any change in either the weight or the dimension of the Consignment from what is provided by Consignor at any point during the entire transit of the Consignment from the source city to the destination city as confirmed by TBH, the charged weight and consequently the total freight will change, and such additional cost/price shall be borne by the paying party. Unless such additional cost/price are paid, TBH reserves the right to ‘hold the Consignment’ until the payment is made. If payment is not received within 15 days, TBH reserves the right to auction the Consignment to recover the costs or to dispose-off the Consignment in such manner as it may deem fit. This is without prejudice to the right of TBH to exercise any other legal remedy In cases of disputes arising from weight and dimension difference, the decision taken by TBH shall be final and has to be complied with by the paying party under all circumstances.
- The Consignor shall be obligated to pay the outstanding dues estimated by TBH or furnish documentary proof for disputing the calculation of the additional amount charged. In the absence of sufficient documentary evidence (sufficiency of which may be determined as per the sole opinion of TBH), the Consignor’s claim shall be invalid and the weight calculation by TBH shall be deemed to be final and binding. Provided further that no dispute may be raised or evidence furnished by the Consignor beyond 48 hours from communication of weight variance calculation by TBH and absence of any dispute or claim along with sufficient document within the prescribed timeline, shall imply deemed acceptance by the Consignor of the calculation done by TBH. TBH shall further be entitled to hold future paid Consignments booked by the defaulting Consignor till the outstanding dues to TBH are cleared by the Consignor and in the event the outstanding dues are not cleared within reasonable time, the order may be cancelled at the discretion of TBH and the sole cost and risk of the Consignor. TBH may deduct any previous outstanding dues from the amounts payable to the Consignor prior to issuing any refund. This is without prejudice to the right of TBH to initiate any legal action as may be deemed fit by TBH for recovering any outstanding dues from the Consignor.
- The Consignor agrees and acknowledges that any delays in pick-up or delivery of Consignment on account of any outstanding dues by the Consignor shall not make TBH liable for any such delays and non-compliance with the delivery times estimated on order placement by the Consignor, this is notwithstanding any delivery timelines originally communicated on the Platform or via any other channel by TBH.
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).
7.2.
PAYMENTS
- The Consignor hereby agrees that the applicable shipping rate will be charged as per the current prevailing rate displayed on the Platform during order booking. In case there is any change in the order which leads to an increase in the Consignment weight, the Consignor agrees and undertakes to pay such additional applicable charges through a payment link of TBH. The Consignor hereby agrees that the sums due and payable to TBH may be adjusted by TBH at its sole discretion against any sums owed to the Consignor.
- Goods and Service tax and other taxes are applicable as per taxation law.
- For any claims by the Consignor, like wrong freight being applied, Cash on Delivery missing, pilferage, in transit damage, the copy of the docket (or consignment note) against which the Logistics Partner has received the Consignment has to be submitted along with the claim request, goods invoice and POD with appropriate remarks in case of pilferage and in-transit damage. In the absence of the docket , the claim and request shall be deemed to be invalid.
- In case of “Paid/Pay at source� Consignment the Consignor shall pay the freight and other charges at the time of booking the Consignment and in case of Freight on Delivery (“FOD� or “To-Pay� or “Pay at destination) or Cash on delivery (“COD�) the Consignee shall pay the freight and other charges at the time of Delivery of the Consignment.
- In case of “Paid/Pay at source� Consignment, Consignor shall pay the freight and other charges via online digital payment options provided by TBH to TBH’s designated account only. In case of Freight on Delivery (“FOD�) (To Pay) (Pay at destination) or COD Consignment, the Consignee shall pay the freight and other charges or the COD/DOD (Cash on Delivery/Cheque on Delivery/Demand draft on Delivery) charges in full to TBH via the payment modes accepted by TBH, as the case may be.
- In case of "Pay on Credit" - In the event the Consignor has availed credit mechanism for the payment, Consignor may place orders on a rolling basis. For all orders placed between 1-15th of a calendar month, the Consignor shall make the payments towards the same by 22nd day of that calendar months and for all orders placed between 16th to 30th or 31st day of a calendar month, Consignor shall make the payments by the 7th day of the subsequent calendar month, and in all cases payments shall be made within 7 working days failing which TBH may levy penalties including but not limited to penal interest of 24% per annum on outstanding sums applicable from date of default till full payment, blacklisting of customer, exercising lien over Consigment, suspend any ongoing or further orders of the Consignor, adjust the sums payable by consignor against any other payment mechanisms or contract entered into by the Consignor and TBH. This is without prejudice to the right of TBH to use any other legal and contractual remedies as per its sole discretion to recover the dues from the Consignor.
Provided, that in all cases, TBH shall have the sole discretion to determine, on a case-by-case basis, the terms of the credit including but not limited to the mode of credit, the eligibility of Consignor to opt for credit, the maximum credit amount which can be extended and any other modification which may be needed in the credit terms. The Consignor agrees and acknowledges that the credit line shall be exclusively subject to the discretion of TBH and Consignor does not hold a deemed right to avail credit. Consignor further undertakes that in the event the credit limit allotted to the Consignor by TBH is exhausted, the Consignor shall make payment earlier than allotted date as and when requested by TBH .
The Consignor shall be entitled to raise any dispute on the invoices only within 24 hours of date of invoice, failing which all undisputed invoices shall be deemed to be accepted by the Consignor.
- TBH shall have a right to general lien over all the Consignments for all sums due and payable to TBH hereunder, whether for prior or ongoing shipment(s).
- Terms of Payment for Prepaid Accounts: Consignor shall be responsible to verify the invoices and inform TBH within 5 (five) working days in case of any disputes regarding the contents of the invoice.
- Consignor shall not circumvent any technical measure or bypass the Platform in any manner to directly approach the Logistics Partner or use Platform to request, make or accept a service from the Logistics Partner independent of the Platform, to circumvent any fees in any manner or for any other reason.
- TBH reserves the right to de-activate the account of the Consignor at any time without prior notice and without providing reasons on account of breach of any agreed terms. In such cases, the wallet money/balance amount, if any, shall be refunded to the Consignor on their registered accounts only, after deducting the outstanding liabilities prior to the de-activation of the account.
- Consignor shall be bound by the cancellation and refund policies available on the Platform for the Services availed by it via the Platform.
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MISCELLANEOUS
In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the Agreement (including but not limiting to Platform Terms).
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GRIEVANCE REDRESSAL
You may submit any grievance with respect to Platform or the Services, including any complaints or grievances with respect to access or usage of Platform in violation of these Terms by any person, to the grievance officer, appointed under the Platform Terms.